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2023.11.08 Motion to Strike Costs 720
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.08
Excerpt: ...nt Berylwood Heights Mutual Water Company: Joseph A. Salazar, Jr., Lewis Brisbois Bisgaard & Smith LLP For Amici Curiae Las Posas Farming Group: Matt Kline, Barton (Buzz) Thompson, Russell McGlothlin, Heather Welles, O'Melveny & Myers LLP RULING For all reasons discussed herein, the motion of Plaintiff US Horticulture Farmland, LLC, to strike costs is denied. The Court confirms an award of costs in the amount of $14,572.74 in favor of Defendants ...
2023.11.08 Motion to Compel Further Responses, for Sanctions 213
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.08
Excerpt: ...glor, Littler Mendelson, P.C. For Defendant Zeb Albert: No appearance For Defendant Caroline Neufeld: No appearance RULING This case is also on the CMC Calendar for 11/8/23; the CMC and the CL&M matters will both be called on the 10 am Calendar; no appearance necessary for the 8:30am CMC Calendar. The Trial Date of 4/24/24 is CONFIRMED For the reasons set forth herein: 1. The motion to compel further responses to requests for production of docume...
2023.11.08 Motion for Order for Prejudgment Possession 430
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.08
Excerpt: ... possession is granted. The Court will sign the prolN)sed order submitted by City of Goleta. Background Plaintiff City of Goleta ("City") filed its complaint in eminent domain on August 8, 2023, against Defendants County of Santa Barbara, Santa Barbara Flood Control and Southern California Gas Company. As alleged in the complaint: "City seeks to acquire, by eminent domain, a Permanent Easement for public recreational trail purposes and an associa...
2023.11.08 Motion for Enforcement of Roadway Easement Use and Maintenance Agreement, Liquidated Damages, Attorney Fees 421
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.08
Excerpt: ...n, the motion of Plaintiff Tine F. Sloan to enforce the 2018 Roadway Easement Use And Maintenance Agreement and for liquidated damages, attorney fees, and restoration of a modified fence is denied. Background Plaintiffs Tine F. Sloan (Sloan) and Michael Corrigan (Corrigan) (collectively, Plaintiffs) filed this action against Defendant Gregg Patronyk (Patronyk) on August 20, 2019, to enforce the terms of a 2018 Amended and Restated Roadway Easemen...
2023.11.08 Demurrer, Motion to Strike 826
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.08
Excerpt: ...sed herein, the demurrer of Defendant IV Properties, Inc., to Plaintiffs' complaint is overruled. (2) For all reasons discussed herein, the motion to strike of Defendant IV Properties, Inc., is denied. Background Plaintiffs Kaia Leibo Benjamin Richardson (Richardson), and Abby Wilbur (Wilbur) (collectively, Plaintiffs), individually and on behalf of others similarly situated, filed their original class action complaint in this matter on September...
2023.11.01 Motion to Compel Responses, for Sanctions 747
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.01
Excerpt: ...-Defendant MARON to answer Form Interrogatories, Set One without objection within ten (10) days; and 2. Cross-Defendant ROBERT MARON is ordered to pay sanctions in the amount of payable to Cross-complainant THE SANTA BARBARA SMOKEHOUSE INC. and its counsel of record within ten (10) days of the date of this Order." The Court will strike paragraph #1 and sign and date the Order. 3. The Trial Date of 2/28/24 and the MSC Date of 2/2/24 are confirmed....
2023.11.01 Motion to Compel Further Responses, for Sanctions 453
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.01
Excerpt: ...rther responses to requests for production of documents (set one), and for sanctions, as to Defendant General Motors, LLC, is continued to January 4, 2024. 2. Counsel shall meet and confer, in good faith, either in-person, virtually, or telephonically no later than November 15, 2023, to resolve, or narrow, their discovery dispute. Counsels' meet and confer shall specifically include which documents are discoverable in this matter and which object...
2023.11.01 Motion to Compel Further Responses 139
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.01
Excerpt: ...vid Ellinwood: Robert M. Sanger, Stephen K. Dunkle, Miguel A. Avila, Sanger Dunkle Law, P.C. For Defendant County of Santa Barbara: Sean A. Andrade, Andrade Gonzalez LLP RULINGS (1) Appearances are required for the case management conference to be held at the same time as the hearing on this motion at 10m a.m. (2) For the reasons discussed herein, the motion to compel is continued to December 13, 2023, at 10m a.m. Opposition to the motion to comp...
2023.11.01 Motion for Summary Judgment, Adjudication 171
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.01
Excerpt: ...unza Trucking Corp ("Inzunza") is represented by German A. Marcucci, Dominique Sicari. Cross Defendant Lowe's Home Centers, LLC ["Lowe's" and sometimes "Lowes"] is represented by Joan E. Cochran, Lisa Kralik Hansen, Deborah A. Smillie. Inzunza's Motion for Summary Judgment/summary Adjudication Ruling 1. For the reasons set out below Inzunza is not entitled to summary judgment or summary adjudication as triable issues of material fact exist whethe...
2023.10.25 Motion for Entry of Judgment Pursuant to Stipulation 527
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.10.25
Excerpt: ...March 15, 2015 (the account). Within the last four years, defendant Jon Hampton McKean became indebted to FIA Card Services, N.A., who is the predecessor in interest to BOA, on the account. The last payment received on the account was on October 29, 2019. The account was charged off on April 30, 2020. The reasonable value due and unpaid from defendant is $3,025.77. The complaint alleges one cause of action for common counts. On May 19, 2023, BOA ...
2023.10.18 Motion for Summary Judgment, Adjudication, to File Under Seal Docs Lodged Under Seal 608
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.10.18
Excerpt: .... Harrison, Marianne Gordon, Tyson & Mendes RULING (1) For all reasons discussed herein, the clerk shall file in the public record the Notice Of Lodgment Of Exhibit(s) Filed Under Seal Pursuant To Protective Order which was conditionally under seal by Defendant the Santa Barbara Unified School District on June 15, 2023. (2) For all reasons discussed herein, the motion of Defendant the Santa Barbara Unified School District for summary judgment, or...
2023.10.18 Motion for Preliminary Approval of Class Action Settlement 162
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.10.18
Excerpt: ... with additional information, as set forth below, no later than October 31, 2023. Background Plaintiff Cristina Calzada-Guido filed her complaint on March 18, 2021. The complaint alleges causes of action for: (1) unpaid overtime, (2) unpaid meal period premiums, (3) unpaid rest period premiums, (4) unpaid minimum wages, (5) final wages not timely paid, (6) wages not timely paid during employment, (7) non-compliant wage statements, (8) failure to ...
2023.10.17 Motion for Summary Judgment 893
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.10.17
Excerpt: ...he motion of Defendant Mullen & Henzell L.L. P. for summary judgment is denied. Background On October 6, 2022, Plaintiffs Susan Smyth (Smyth), Pedro Baltadano (Baltadano), Martin Engriser (Engriser), and Don McIntyre (McIntyre) (collectively, Plaintiffs) filed their original complaint in this achon asserting one cause of action for intentional interference with expected inheritance (IIEI claim). On January 11, 2023, Plaintiffs filed their operati...
2023.10.11 Motion to Strike or Tax Costs 700
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.10.11
Excerpt: ...O'Melveny & Meyers LLP For Defendants Mahan Ranch, LLC, et al.: Jim McDermott, Neal P. Maguire, Jessica M. Wan, Shane M. Maguire, Ferguson Case Orr Paterson LLC RULING For the reasons set forth herein, the motion of Defendants Mahan Ranch, LLC, et al., is granted to strike (1) the memorandum of costs filed on August 2, 2023, by the Las Posas Farming Group, and (2) the memorandum of costs filed on August 3, 2023, and supplemented on August 7, 2023...
2023.10.11 Motion to Consolidate on Shortened Time 542
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.10.11
Excerpt: ...ase no. 22CV01055) and John Doe 3 (related case no. 22CV01608) ("Plaintiffs") move for an Order Consolidating the Related Cases for Trial pursuant to California Code of Civil Procedure 91048(0) on the following grounds: 1. Plaintiffs' cases have been deemed related and consolidated for purposes of discovery. Through discovery it has become apparent that judicial economy and efficiency will be served by consolidating the three cases for trial. 2. ...
2023.10.11 Motion for Leave to Amend Complaint 213
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.10.11
Excerpt: ...g Zeb Albert and Caroline Neufeld as Defendants is GRANTED: (1) the Amended Complaint is to be filed by 10/17/23; (2) the two new Defendants are to be personally served by 10/31/23. (Do not raise the issue of who pays for cost of personal service; Plaintiff or Plaintiff's counsel pays for it now; Plaintiff may seek reimbursement in a cost bill if he prevails.) 2. The Court designates this case as complex litigation because of the unusual backgrou...
2023.10.04 Motion for Summary Judgment, Adjudication 147
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.10.04
Excerpt: ...rdan A. Liebman, Foley Bezek Behle & Curtis, LLP For Defendants Jeff Pescatello, John Williams, and Ron Donaire: Robert B. Forouzandeh, Andrew Hazlett, Reicker, Pfau, Pyle & McRoy LLP For Defendant (as nominal Defendant) and Cross-complainant DelPlaya Media, Inc.: John J. Thyne Ill, Thyne Taylor Fox Howard, LLP RULING For the reasons set forth herein: The motion for summary judgment is granted. Background On March 23, 2022, Plaintiff Todd Wooten ...
2023.10.04 Motion for Leave to File SAC 132
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.10.04
Excerpt: ...ricia Wollum and Susan Reynolds: Gabriella L Sternfeld, David A. Napper, Gregory K. Sabo For Defendant Patrick Leahy: Self-Represented RULING For the reasons set forth herein: The motion for leave to file a second amended complaint is granted to allow Plaintiffs to add against Honor Home Care Services Califomia, Inc. as a Defendant. Background On December 11, 2020, Plaintiff Mark Sellars ("Sellars") filed his original complaint against Defendant ...
2023.10.04 Demurrer to Extraordinary Writ of Execution and Ejection and Sequestration 359
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.10.04
Excerpt: ...General of the State of California with leave to amend. Petitioner shall file a first amended pleading on or before October 13, 2023. Background On August 3, 2023, John De Herrera (Petitioner) filed a verified document titled "extraordinary writ of execution and ejection and sequestration" (the petition) against Resopondent the Attorney General of the State of California (the Attorney General). Petitioner is a professional artist and educator who...
2023.09.20 Motions to Compel Responses 471
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.09.20
Excerpt: ...out objection, on or before October 11, 2023. With respect to the motion for deemed admissions, if Plaintiff provides verified responses to the requests for admission before the time of the hearing on this motion, the motion will be denied. If Plaintiff fails to provide verified responses to the requests for admission before the time of the hearing on this motion, the motion will be granted, and the Court will order the matters set forth in the r...
2023.09.20 Motion to Amend Answer, to Continue Trial 017
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.09.20
Excerpt: ...rial dates after the case was designated complex litigation; another case has already been given some of the dates requested here for 120 days out [i.e. Cobb vs Superior Court of California for the County of Ventura.] It may settle; you are double set, in part; if that case does not settle you will start as soon as it finishes within the following time frame. You must save all these dates. 2. The Trial Date of 11/1/23 is continued to 3/6/23 at 11...
2023.09.20 Demurrer to SAC 077
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.09.20
Excerpt: ...n of Plaintiff's second amended complaint. The demurrer of Defendant City of Santa Barbara is overruled as to the fifth cause of action of Plaintiff's second amended complaint. Defendant shall file and serve its answer to Plaintiff's second amended complaint on or before October 3, 2023. Background On January 9, 2023, Plaintiff Eduviges Estrada (Estrada) filed her original complaint in this action asserting three causes of action against Defendan...
2023.09.13 Motion to Set Aside and Vacate Final Ruling, to Reinstate Case and Grant Leave to Amend Complaint 222
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.09.13
Excerpt: ...Knecht, Tom R. Shapiro, Office of the City Attorney RULING For all reasons discussed herein, the motion of Plaintiff David Matthew Kilrain to set aside and vacate final ruling and to reinstate case and grant leave to amend complaint is denied. Background On March 30, 2022, self-represented Plaintiff David Matthew Kilrain filed his original complaint in this action against Defendants City of Santa Barbara (the City) and Lisa Ann O'Niahll (O' Niahl...
2023.09.13 Motion to Confirm Stay Pending Appeal, to Strike 700
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.09.13
Excerpt: ...sented, and the record in this matter, the Court makes the following findings of fact and conclusions of law: 1. As a signatory to the Phase 3 Settlement, Fox Canyon Groundwater Management Agency ("FCGMA") agreed, inter alia, to serve as Watermaster, (SPTX-0045 S 1.1.2); that it would "perform the tasks assigned to it by the Judgment consistent with the Judgment's terms and the Watermaster Rules and Regulations," (id.); that it would "implement t...
2023.08.30 Motions to Compel Further Responses 414
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.08.30
Excerpt: ...is granted in part and denied in part as follows: 1. Defendants' motion to compel further responses, from R.H. to requests Nos. 1, 2, 5, 9, 10, 11, 13, 14, 15, and 40 is granted. R.H. shall provide verified, code compliant, further responses, without objections except as to privilege, no later than September 8, 2023. For any documents withheld on the grounds of privilege, R.H. shall serve a privilege log identifying each responsive document withh...

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