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2020.08.18 Demurrer 589
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.08.18
Excerpt: ....com RULING: The demurrer is sustained, with leave to amend on or before September 1, 2020, or such other later date as the Court might set at the hearing on this demurrer. Background This wrongful death action, filed October 18, 2019, alleges a single cause of action for dangerous condition of public property against defendants Isla Vista Recreation and Park District, and the County of Santa Barbara. The complaint alleges that on October 20, 201...
2020.08.11 Motion to Compel Compliance with Records Subpoena 385
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.08.11
Excerpt: ...ion to Compel Compliance with Records Subpoena and Request for Sanctions ATTORNEYS: Samantha M. Baldwin for Plaintiff Suzannah Taylor Jessica Saldo for Defendants Mission Plumbing and Jerry Garcia Joel B. Douglas for Nonparty Santa Barbara Behavioral Health, Inc. Emails: [email protected]; [email protected]@statefarm.com; [email protected] RULING: Defendants' motion to compel nonparty medical provider to comply wit...
2020.08.11 Motion for Good Faith Settlement 477
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.08.11
Excerpt: ...he court grants defendant Carolyn Maguire's motion for determination of good faith settlement with plaintiff Wyatt Dennett. Claims against defendant Carolyn Maguire for contribution or indemnity are barred as provided in CCP §§ 877 and 877.6(c). Background On August 22, 2019, plaintiff Wyatt Dennett brought this action for personal injuries he suffered on October 27, 2018, when he dropped to the ground from a deck on the premises at 830 Chelham...
2020.08.11 Demurrer 589
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.08.11
Excerpt: ... the reasons explained herein, the demurrer is sustained, with leave to amend on or before September 1, 2020. Background This wrongful death action, filed October 18, 2019, alleges a single cause of action for dangerous condition of public property against defendants Isla Vista Recreation and Park District, and the County of Santa Barbara. The complaint alleges that on October 20, 2018, plaintiff's decedent, Alessandro Esquivel, a student at UCSB...
2020.08.04 Demurrer 608
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.08.04
Excerpt: ...al, Inc.: Randall F. Koenig, Bryan C. Oberle, Koenig Jacobsen LLP For Cross-Defendant Cini-Little International, Inc.: Sharon Sanner Muir, Nicole G. Thal, Collins Collins Muir + Steward LLP (For other parties see list) Emails: [email protected];[email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; steve...
2020.07.28 Motion for Preliminary Injunction 386
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.07.28
Excerpt: ...l: [email protected]; [email protected]; Ruling sent RULING: 1. Plaintiff's motion for preliminary injunction is granted. Defendants are enjoined from foreclosing on plaintiff's property pending completion of this action or further order of the court. 2. The CMC is set for 10am. BACKGROUND This is an action for preliminary and permanent injunction to prevent defendants from foreclosing on plaintiff's property. Plaintiff Maria Herna...
2020.07.28 Motion for Judgment on the Pleadings 619
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.07.28
Excerpt: ...administrative mandamus. The Court dissolves its September 18, 2019, order staying the license suspension and re-imposes the Department of Motor Vehicle's suspension of petitioner's driving privilege. Ruling sent Background This is a petition for writ of mandate and judicial review of the Department of Motor Vehicles (DMV) Findings of Fact and Decision dated August 17, 2019, which re-imposed the suspension of petitioner Julian Oscar Gerson's driv...
2020.07.28 Motion for Consolidation 700
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.07.28
Excerpt: ...in, the motion of plaintiff and petitioner Las Posas Basin Water Rights Coalition to consolidate case No. VENCI00509700 and case No. 20CV02036 is denied. These two cases will remain as separate, related cases. Background: There are two cases involving plaintiff and petitioner Las Posas Basin Water Rights Coalition (Coalition) and defendant and respondent Fox Canyon Groundwater Management Agency (Fox Canyon): Las Posas Valley Water Rights Coalitio...
2020.07.21 Motion to Compel Responses 165
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.07.21
Excerpt: ...YS: For Plaintiff Joi Stephens: John B. Richards For Defendants Reicker, Pfau, Pyle & McRoy, LLP, Bruce McRoy, and Peter Muzinich: Heather L. Rosing, Benjamin C. Wohlfeil, Christopher M. Milas, Kleindinst PC Email addresses: [email protected]; [email protected]; [email protected]; Emailed 7/17 RULINGS: (1) As set forth herein, the motion of plaintiff Joi Stephens to compel further responses to plaintiff's request for production of ...
2020.07.21 Motion for Summary Judgment 936
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.07.21
Excerpt: ...ds that there are triable issues of fact as to whether defendants complied with the standard of care and/or whether defendants' conduct caused or contributed to any damages alleged by plaintiff. BACKGROUND This is an action for alleged dental malpractice arising out of the care and treatment of plaintiff Corey Norgren by defendants Omid R. Barkhordar, D.D.S. and Omid R. Barkhordar, D.D.S., Inc. dba See Me Smile. On February 14, 2019, plaintiff pr...
2020.07.21 Motion for Good Faith Settlement, to Seal 272
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.07.21
Excerpt: ....'s Motion for Determination of Good Faith Settlement ATTORNEYS: Brian D. Chase for Plaintiffs Amirani Rios, a minor by and through her Guardian ad Litem Juan Rios, and Hiromi Rios, a minor by and through her Guardian ad Litem Juan Rios James J. Yukevich for Defendant Michelin North America, Inc. April C. Balangue for Defendant Costco Wholesale Corporation Sean Burnett for Defendant Omar Cabrera Email addresses: [email protected]; shiltz@bis...
2020.07.14 Demurrer, Motion to Strike 715
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.07.14
Excerpt: ...st, second, and fifth causes of action in the second amended complaint of plaintiffs Kimberly L. Quaranta and Anthony J. Quaranta with leave to amend. The Court overrules the demurrer of defendants William J. Gunson and Lori Heinze to the third and fourth causes of action in the second amended complaint of plaintiffs Kimberly L. Quaranta and Anthony J. Quaranta. If plaintiffs choose to amend their operative complaint as to the first and second ca...
2020.07.14 Motion to Compel Deposition, for Sanctions 921
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.07.14
Excerpt: ...otion to compel defendant Steven J. Sherwin's attendance at a remotely- conducted deposition. The Court denies the requests for monetary sanctions. Emailed 7/10 Background Plaintiffs' complaint, filed June 12, 2018, alleges causes of action for negligence, negligent infliction of emotional distress, both common law and statutory breach of the implied warranty of habitability, private nuisance, breach of contract, and retaliatory eviction. It aris...
2020.07.07 Motion to Disqualify Counsel 223
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.07.07
Excerpt: ... Trust u/d/t Dated November 13, 1987 Email [email protected]; [email protected]; [email protected]; RULING: 1. The motion of defendant Joi K. Stephens, trustee, to disqualify attorneys Mullen & Henzell, LLP from representing plaintiffs in this action is granted. Defendant's motion to strike all pleadings filed by Mullen & Henzell, LLP in this case and the related creditor claim proceedings is denied. 2. Another CMC is set, sua ...
2020.06.30 Motion for Summary Judgment 449
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.06.30
Excerpt: ...chmidvoiles.com; Defendant Dr. Reddy's – [email protected]; RULING: Defendants' motion for summary judgment is denied. The Court finds that there are triable issues of fact as to whether defendants complied with the standard of care and/or whether defendants' conduct caused or contributed to any damages alleged by plaintiff. Tentative and CMCO emailed BACKGROUND Plaintiff Laurie Ann Humberd's first amended complaint alleges a single cause of act...
2020.06.30 Motion for Judgment on the Pleadings 136
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.06.30
Excerpt: ...tabarbaraca.gov) Tentative emailed Rulings: 1. The Court denies defendant City of Santa Barbara's motion for judgment on the pleadings or, in the alternative, to strike certain allegations. 2. The CMC and the Motion will both be heard on the 10am calendar. Background Plaintiff Santa Barbara Inland & Coastal Property Rights Association challenges the approach of defendant City of Santa Barbara to regulation of short term rental properties (“STRs...
2020.06.24 Motion for Final Approval of Class Action Settlement 761
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.06.24
Excerpt: ...ugh this settlement) Linda Claxton of Ogletree, Deakins, Nash, Smoak & Stewart, P.C. for defendant Curbstand, Inc. Email addresses:[email protected]; [email protected]; [email protected]; Tentative Emailed RULINGS: The motions are both granted. There is a Proposed Final Judgment submitted that the Court intends to sign. Background Defendant Curbstand, Inc. is an investor-backed startup based in Los Angeles, whic...
2020.06.23 Motion to Require Plaintiff to Post Bond, to Compel Compliance with Subpoena 232
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.06.23
Excerpt: ... & Stark and Alex Hartounian for defendant Peter Levy, D.C. Email addresses: [email protected]; [email protected]; [email protected]; [email protected]; Tentative emailed RULING: (1) Because there is no indication in the court file that Dr. Frawley has ever been provided with notice of the June 23, 2020, hearing date on the motion to compel his compliance with the subpoena duces tecum served upon him by defendant Levy, the Court will c...
2020.06.23 Motion to Dismiss or Stay Proceedings, to Quash Subpoena 876
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.06.23
Excerpt: ...ling: 1. The Court denies in part and grants in part defendants Moki Doorstep, Inc., a Delaware corporation; Zachary Brown, and Alyssa Brown's motion to dismiss or stay proceeding pursuant to CCP §§ 418.20 and 410.30. The Court orders that this proceeding is stayed as to the tenth cause of action in plaintiff Rodney Lewis's complaint. The Court denies the motion to dismiss or stay the proceeding in all other respects. 2. The Court grants defend...
2020.06.09 Petition to Approve Compromise of Disputed Claim for Person with Disability 769
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.06.09
Excerpt: ...d litem for plaintiff Jeffrey Hanson, for order approving compromise of pending action of person with a disability is granted as set forth herein. BACKGROUND: On February 26, 2018, plaintiff Jeffrey Hanson stepped off the curb into the cross-walk at the intersection of Hollister Avenue and Pine Street in Goleta, California when the light turned green and was immediately struck by a Ford F-250 pickup, which was traveling southbound on Hollister Av...
2020.06.09 Motion to Determine Prevailing Party, for Attorney Fees, for Protective Order, Request for Sanctions 257
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.06.09
Excerpt: ...ardt, Ian A. Wright, Alston & Bird LLP For Defendant Gary Dorfman: Darren S. Enenstein, Ned M. Gelhaar, Dina Marie Randazzo, Ritsa Gountoumas, Enenstein Pham & Glass Email: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; RULING: (1) For the reasons set forth herein, the motion of defendant Gary Dorfman for determination that he is the prevailing party and for an award of...
2020.06.09 Motion for Leave to Intervene 971
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.06.09
Excerpt: [email protected]; Shahrokh@weinberg- gonser.com; [email protected]; RULING: The motion is granted. Background: Complaint Plaintiff ECO Property Group, LLC (ECO) filed the current complaint on September 17, 2019, naming as defendants Snider Investments (SI) and David Snider. The complaint states causes of action for breach of contract, breach of fiduciary duty, conversion, and fraud, among other claims, all arising from ECO's membership ...
2020.03.17 Motion for Recovery of Attorney Fees 351
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.03.17
Excerpt: ...Beach, Shawn Hagerty, Best Best & Krieger LLP RULING: For the reasons set forth herein, the motion of plaintiff for an award of attorney and expert fees pursuant to Code of Civil Procedure section 1036 is granted in part. The Court awards to plaintiff reasonable attorney fees and costs actually incurred because of this inverse condemnation proceeding in the amount of $1,007,397.00. Background On July 31, 2017, plaintiff Thomas Felkay, as trustee ...
2020.03.17 Application to Appear Pro Hac Vice, Demurrer, Motion to Stay or Dismiss 647
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.03.17
Excerpt: ...R. Cagle, III (Hirschler Fleischer, PC – Richmond, Virginia) For Defendant Westerlay Orchids: Mark T. Coffin For Defendants Persoon: Nathan C. Rogers (Rogers, Sheffield & Campbell) Rulings: 1. The Court sustains the demurrer of defendants Westerlay Orchids LP; Antoine Overgaag, aka Toine Overgaag; RJW Equity Partners, LLC; TKO Properties, LLC; and Natural Fragrance Rose, LLC, to the second and fifth causes of action in plaintiff Perfected Rose,...
2020.03.10 Motion for Approval of Class Action Settlement 982
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.03.10
Excerpt: ...ide a due diligence declaration; (2) Deadline for Class Counsel to file for Final Approval; and (3) The hearing date for Final Approval. Analysis This is Plaintiffs Roberto Ramirez' and Richard Hockison's unopposed motion, on behalf of themselves and the putative class, for the following orders: (1) Preliminarily Approving Settlement of Plaintiffs' Class Claims; (2) Provisionally Certifying the Settlement Class; (3) Approving the Class Notice and...
2020.03.10 Motion for Summary Judgment 511
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.03.10
Excerpt: ...o be held on March 18 and 19. Trial Briefs, in limine motions, witness lists, exhibit lists all due Friday March 13. Background The case was on calendar on 2/25/20; at that time the Court said in its extensive tentative ruling that: “Plaintiff's Contentions: The motion for trial preference was filed 1/23/20; the Court summarizes here; the case is a Commercial Unlawful Detainer action. Plaintiff requests that the case be set for trial for a date...
2020.03.03 OSC Re Preliminary Injunction Restraining Order 257
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.03.03
Excerpt: ... the reasons set forth herein, the motion of plaintiff Beacon Pointe Wealth Advisors, LLC, for issuance of a preliminary injunction is denied. The temporary restraining order and order to show cause re issuance of preliminary injunction filed by the Court on January 30, 2020, is dissolved and discharged. Background This is an order to show cause re issuance of a preliminary injunction after issuance of a temporary restraining order. The Court has...
2020.03.03 Motion to Strike Costs, to Tax Costs 710
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.03.03
Excerpt: ... Nykeemah McClendon, Law Office of Marvin P. Velastegui RULING: (1) For the reasons set forth herein, the motion of plaintiff Michele Siegan to strike the memorandum of costs of defendant Taylor Rae Person is granted and the memorandum of costs of defendant Person is ordered stricken. (2) For the reasons set forth herein, the motion of defendant Taylor Rae Person to strike or to tax costs of plaintiff Michele Siegan is granted in part. The motion...
2020.03.03 Motion to Strike and Tax Costs 351
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.03.03
Excerpt: ... of Santa Barbara [“City”] RULING: The motion is granted as to $615 in filing and motion fees; in all other respects the motion is denied. As a result, costs will be allowed in the total amount of $8,616.68. Background After plaintiff prevailed at trial, he filed a Memorandum of Costs seeking a total of $9,231.68 in costs. City now seeks to tax $7,947.15 of the claimed costs. Specifically, City challenges the $1500 claim for filing and motion...
2020.03.03 Motion for Publication of Summons 334
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.03.03
Excerpt: ...fs are Misael Espinoza and Luis Espinoza. Defendant is Alan Raymond Ewing. Plaintiff previously moved for an order authorizing service of defendant by publication. That motion was denied on January 7, 2020, based upon the failure of the motion to (a) include a memorandum of points and (b) the failure to include an affidavit demonstrating to the satisfaction of the Court that a cause of action exists against the party upon whom service is to be ma...
2020.02.25 Petition to Compel Arbitration 406
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.02.25
Excerpt: ...d A. Carman, Etehad Law APC RULING: For the reasons set forth herein, the motion of petitioner Reetz, Fox & Bartlett LLP to compel arbitration is granted in part to compel arbitration of issues arising from legal services provided by petitioner to or on behalf of: (1) respondent Alberto Rodriguez in connection with or in aid of the “Kellogg Avenue Project improper precondemnation activities by City of Goleta,” at any time, as to Rodriguez; (2...
2020.02.25 Motion to Determine Prevailing Party and Award Expert Fees 177
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.02.25
Excerpt: ... were the prevailing party and are entitled to an award of expert witness fees is denied under either theory. 2. There has been a Cost Memorandum submitted seeking “expert fees (per 998) of $1,852.50” on 12/27/19; counsel are invited to comment on when “an order” related to an award of costs will be submitted in light of this decision. Background Judgment was entered on 12/17/19 after a 3-day bench trial. On 12/27 Brinkman filed a Memoran...
2020.02.25 Motion for Trial Preference 509
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.02.25
Excerpt: ...onday March 16, 17 [1/2 day–afternoon], 18, 19, 20, 21 and Monday March 23. Counsel are invited to meet and confer on how long the case will take and if it will be a bench trial or a jury trial and inform the Court at the hearing on 2/25 the dates and length of trial; will it be a bench trial or a jury trial? All trial documents including hearing briefs, witness lists, exhibit lists, in limine motions, due March 3, 2020 (courtesy copied to the ...
2020.02.25 Demurrer 839
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.02.25
Excerpt: ...nt for violations of the Elder and Dependent Adult Civil Protection Act (W&I Code §§ 15600, et seq.) and breach of fiduciary duty against defendant Rena Felicia Smith, individually and as trustee of the Thomas Blatt Living Trust dated August 19, 2015 (the “Trust”). Plaintiff alleges: Plaintiff is the son of decedent Thomas “Toivi” Blatt and is a residual beneficiary of the Trust. [Complaint ¶5] Defendant is decedent's daughter. [¶8] P...
2020.02.25 Demurrer 553
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.02.25
Excerpt: ...ntiffs Robert Foote and Kathleen Foote (collectively “Foote”) allege: Defendant Roy Schrader borrowed $135,000 from plaintiffs as evidenced by a written note dated August 1, 2012. [Complaint ¶7] The note provides for $500 monthly payments through November 1, 2012, then $1,000 monthly payments through February 1, 2014, at which time the entire principal balance and accrued interest at 4% per annum would be due and payable. [¶9] Schrader made...
2020.02.18 Motion for Summary Judgment, Adjudication 212
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.02.18
Excerpt: ... J. Gamberdella's motion for summary judgment or, in the alternative, summary adjudication. Background Plaintiff CARP Property, LLC (“CARP”), commenced this action on August 9, 2019. In its complaint, plaintiff alleges: On March 15, 2016, Rafi Tarakjian, sole manager, CEO, and sole member of CARP, entered into a Residential Income Property Purchase Agreement to purchase property at 4647 Carpinteria Avenue in Carpinteria from Efrain Corona, tr...
2020.02.18 Demurrer 454
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.02.18
Excerpt: ...NG: Defendant Association's demurrer to plaintiffs' FAC is overruled. Defendant shall file and serve its answer to the FAC on or before February 28, 2020. BACKGROUND: This action concerns a private unit development called Shadow Hills in Santa Barbara, California. There are 18 single- family homes within the development. Plaintiffs Larry W. Lawson and Nancy Duong (the “Lawsons”) are the owners of real property located at 4433 Shadow Hills Bou...
2020.01.21 Motion to Enforce Settlement Agreement 406
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.01.21
Excerpt: ...d settlement agreement is ordered vacated. The parties are ordered to appear for a Case Management Conference on February 4, 2020, at 8:30 a.m., in this department, at which time the Court will set a new settlement conference date and trial date. BACKGROUND Plaintiff Smartvest Group, LLC (“Smartvest”) filed its original complaint against defendants D. Stephen Sorensen (“Sorensen”) and Pogo Services, Inc. (“Pogo”) on February 21, 2017,...
2020.01.21 Motion for Summary Judgment 174
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.01.21
Excerpt: .... Popovich, N. Asir Fiola, Celeena B. Pompeo, Selman Breitman LLP For Defendants The Towbes Group, Inc., Trader Joe's Company, Dr. Earl M. Hill Family Limited Partnership, Cal-Real Properties, L.P., and Michael Towbes Construction and Development, Inc.: Anthony J. Ellrod, Natalya Vasyuk, Mannin & Kass Ellrod, Ramirez, Trester LLP RULING: (1) For the reasons set forth herein, the motion of defendant General Paving Management for summary judgment i...
2020.01.14 Writ of Attachment 588
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.01.14
Excerpt: ...o supply mobile application platform owners as potential sources for defendant VERVE's internet advertising clients. The agreement was formed when plaintiff accepted and signed VERVE's open insertion order in Santa Barbara, California on December 4, 2018. A copy of the written agreement was attached to the complaint as Exhibit A. The agreement provides that it is governed by the AAA/IAB Standard Terms and Conditions for Internet Advertising for M...
2020.01.14 Motion for Summary Judgment 802
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.01.14
Excerpt: ...ogether with costs. BACKGROUND This is a medical malpractice action. On September 21, 2016, plaintiff Daniel Lipsius-Davis underwent total right knee replacement surgery at defendant Goleta Valley Cottage Hospital. The surgery was performed by defendant Graham Hurvitz, M.D. Defendant Emanuel Zusmer, M.D., provided anesthesia care to plaintiff during and after the surgery. Within 24 hours of the procedure, plaintiff began experiencing severe abdom...
2020.01.14 Motion for Judgment on the Pleadings 875
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.01.14
Excerpt: ... the pleadings on plaintiff's second cause of action for violation of Government Code Section 11135 is granted without leave to amend. Defendants' motion for judgment on the pleadings on plaintiff's third cause of action for violation of Education Code Sections 201 and 220 is granted with leave to amend. Any amended pleading shall be filed on or before January 24, 2020. Defendants' motion for judgment on the pleadings on plaintiff's fifth cause o...
2020.01.07 Petition to Confirm Arbitration 260
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.01.07
Excerpt: ...r AMSS, LLC, in conformity with the arbitration award, including an award of attorney fees and costs in the amount of $122,611.37, plus prejudgment interest in the amount of $3,573.52. Petition: This dispute concerns a residential condominium located at 4729 Sandyland Cove, Carpinteria, California. Petitioner AMSS, LLC (“AMSS”) is the current owner of the condominium, which was previously owned by DLG Family Limited Partnership. In 2013, resp...
2020.01.07 Motion to Strike 177
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.01.07
Excerpt: ...heir entirety. The Court denies the motion in all other respects. Plaintiff City of Carpinteria shall file a first amended complaint without the stricken portions on or before January 17, 2020. Defendant Dario Pini shall file his answer to the first amended complaint on or before January 27, 2020. Complaint: On August 7, 2019, plaintiff City of Carpinteria filed its complaint for breach of contract, breach of the covenant of good faith and fair d...
2020.01.07 Motion to Determine Prevailing Party, for Attorney Fees 909
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.01.07
Excerpt: ...rd of attorney's fees in the sum of $5,909.75 and costs in the sum of $873.15 is granted. HVMC was the prevailing party in the underlying arbitration. BACKGROUND: On September 13, 2019, Hope Village Maintenance Corporation (“HVMC”) filed its petition to confirm arbitration award. HVMC is a homeowners' association and is responsible for managing and operating a 40-unit residential common interest development in Santa Barbara known as Hope Vill...
2020.01.07 Motion for Publication of Summons 334
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.01.07
Excerpt: ...ra County on May 24, 2018. Plaintiffs are Misael Espinoza and Luis Espinoza. Defendant is Alan Raymond Ewing. Motion: Plaintiffs move for an order approving and directing service of summons on defendant by publication in a newspaper of general circulation. In the motion, plaintiffs say the motion is based on their counsel's declaration, the declaration of a private investigator, and points and authorities. However, no memorandum of points and aut...
2019.9.24 Motion for Protective Order 571
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.9.24
Excerpt: ...while representing defendant for a period of time in a family law proceeding. The complaint alleged causes of action for breach of written contract and common counts for account stated and for services rendered. After Suleimanagich's demurrer was ordered off calendar for failure to comply with Code of Civil Procedure section 430.41, he answered the complaint in pro per on August 29, 2018. In a July 1, 2019 minute order, the Court allowed plaintif...
2019.9.24 Motion for Attorney Fees 188
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.9.24
Excerpt: ...s on or before October 1, 2019. Respondent Westmont College shall file and serve its response supplemental papers on or before October 8, 2019. Doe shall file and serve his reply supplemental papers on or before October 15, 2019. Hearing on this matter is continued to October 22, 2019, at 9:30 a.m. Background: Respondent Westmont College (Westmont) is a Christian-based post-secondary private educational institution. Petitioner John Doe, a freshma...
2019.9.24 Demurrer, Motion to Strike 185
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.9.24
Excerpt: ...sts for Admissions ATTORNEYS: For Plaintiff Edmund Prehoden, Jr.: Derek J. Wilson For Defendants, Cross-Complainants, and Cross-Defendants Old Town Hospitality, Inc., dba Sand Bar and erroneously sued as Baja Sharkeez Restaurant Group, and Aron Ashland: Edmund G. Farrell III, Vanessa H. Hubert, Murchison & Cumming, LLP For Defendant Teak Warehouse, Inc.: Danielle Kuck, Wood, Smith, Henning & Berman, LLP RULING: (1) For the reasons set forth herei...
2019.9.24 Demurrer, Motion to Strike 165
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.9.24
Excerpt: ...o amend, as to the uncertainty created by the failure to clearly articulate which capacities in which the causes of action for professional negligence, breach of fiduciary duty, conversion, and accounting are being prosecuted. In all other respects, the demurrer is overruled. The motion to strike is denied in its entirety. To the extent leave to amend has been granted, plaintiff shall file any further amended complaint on or before October 8, 201...

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