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2022.03.29 Demurrer, Motion for Preliminary Injunction 995
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.03.29
Excerpt: ...for Preliminary Injunction RULING (1) The hearing on the motion for a preliminary injunction is continued to April 27, 2022, at 10:00 a.m. The temporary restraining order issued by the Court remains in effect until disposition of this motion for a preliminary injunction or upon further order of the court. As set forth herein, on or before April 12, 2022, plaintiff Eileen Lazar shall file and serve a supplemental reply brief responding to the supp...
2022.03.08 Motion for Preliminary Injunction 995
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.03.08
Excerpt: ...otion for a preliminary injunction is continued to March 29, 2022, at 10:00 a.m. The temporary restraining order issued by the Court remains in effect until disposition of this motion for a preliminary injunction or upon further order of the Court. As set forth herein, on or before March 11, 2022: (1) plaintiff Eileen Lazar shall file and serve an amended appendix of exhibits to include all of the exhibits she previously filed with the court in a...
2022.03.08 Motion for Attorney Fees, to Tax Costs 676
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.03.08
Excerpt: ... total of $37,861.57 in recoverable costs. Background This action arose from a motor vehicle accident which occurred on September 8, 2017, in Goleta. Plaintiff Justin Kaufman alleged that he was westbound on Calle Road (sic—Calle Real) at the intersection of Valdez Avenue, when he was hit by a vehicle operated by defendant Virginia Bryant, as defendant was making a left turn onto Calle Real, and failed to yield to oncoming traffic. Plaintiff's ...
2022.03.01 Motion to Strike Punitive Damages 339
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.03.01
Excerpt: ...aintiff's first amended complaint is granted, with leave to amend. Any amended pleading shall be filed on or before March 14, 2022. BACKGROUND This is an action for personal injuries. Plaintiff is Emily Barrey. Defendants are Ross Stephens Watters (“Watters”) and the Estate of Diane Stephens, Deceased (“Estate”). Watters is the personal representative of Estate. On March 1, 2021, plaintiff entered into a written lease agreement with Watte...
2022.02.22 Motion for Terminating Sanctions 732
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.02.22
Excerpt: ...ersonal injuries arising out of an automobile v. pedestrian accident. Plaintiff is Elisa Salvador. Defendant is George Abel Galindo. According to the allegations, on September 11, 2018, plaintiff was crossing W. Arrellaga Street in Santa Barbara when she was struck by an automobile owned and operated by defendant, causing injury. On August 25, 2020, plaintiff filed her complaint alleging a single cause of action for negligence. Plaintiff seeks da...
2022.02.22 Motion for Summary Adjudication 279
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.02.22
Excerpt: ...ckground This action (the Whitehead action) arises out of an Amtrak passenger bus collision on January 18, 2019 (the incident). (Whitehead First Amended Complaint [FAC], ¶ MV‐1; Plaintiff's Exhibits, exhibit 4.) The bus was driven by defendant Laura Mae Gish. (Ibid.) As a result of the incident, Gish was arrested for driving under the influence of drugs, specifically, methamphetamine. (Plaintiff's Exhibits, exhibit 5.) Gish was driving the bus...
2022.02.15 Motion to Strike 237
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.02.15
Excerpt: ...ion of defendant American Honda Motor Compan y, strikin g all portions of plaintiff's complaint that alle ge, or relate to, punitive dama ges a gai granted without leave to amend. BACKGROUND This is a personal injury action arising out of an incident involving an all-terrain vehicle (“ATV ” Fuerte Calderon. Defendants are Stargate Ranch, LLC (“Ranch”) and American Honda Motor C (“Honda”). Plaintiff is a farm laborer and on the day of ...
2022.02.15 Motion for Summary Judgment 270
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.02.15
Excerpt: ... on Cross-Complaint RULING The motion of Champlin/GEI Wind Holdings, LLC for summary judgment or alternatively summary adjudication on its complaint is granted in part and denied in part. Summary adjudication is granted on its second cause of action for declaratory relief but denied on its first and third causes of action for breach of contract and for preliminary and permanent injunctions. The motion of Champlin/GEI Wind Holdings, LLC for summar...
2022.02.15 Demurrer, Motion to Strike 982
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.02.15
Excerpt: ... Defendant Preferred Bank: Michael E. Bubman, Scott H. Noskin, Mirman, Bubman & Nahmias, LLP Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] HEARING (1) Demurrer of Defendant to Complaint (2) Motion of Defendant to Strike Portions of Complaint RULING (1) For the reasons set forth herein, the...
2022.02.15 Demurrer, Motion to Strike 119
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.02.15
Excerpt: ...plaint RULING (1) For the reasons set forth herein, the demurrer of defendants Shoreline Farms LLC and Aviana Kjos to the first amended complaint of plaintiff David Matthew Kilrain is sustained with leave to amend. Plaintiff Kilrain shall file and serve his second amended complaint on or before March 2, 2022. (2) Because the demurrer is sustained, the motion of defendants to strike portions of the first amended complaint is moot and is ordered of...
2022.02.01 Petition for Release of Mechanic's Lien 875
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.02.01
Excerpt: ...required for this hearing on the petition to release the recorded claim of mechanics lien of respondent Joel's Roofing and Rain Gutter Co., Inc. For the reasons set forth herein, unless respondent Joel's Roofing appears and presents evidence, the Court will grant the petition for the order releasing the lien. Background Petitioner Mark Cox requested that respondent Joel's Roofing and Rain Gutter Co., Inc. (Joel's Roofing) furnish labor and materi...
2022.02.01 Demurrer, Motion to Strike 237
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.02.01
Excerpt: ...f defendant Stargate Ranch, LLC to plaintiff's fourth, fifth, sixth, and seventh causes of action against Ranch for strict products liability – design defect, strict products liability – failure to warn, negligent failure to recall, and intentional failure to recall is sustained without leave to amend. Defendant's motion to strike the claims for punitive damages against Ranch is sustained without leave to amend. Should plaintiff later discove...
2022.01.25 Motion to Strike Answer 804
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.01.25
Excerpt: ...round This is a subrogation action, which arose out of a motor vehicle accident between defendant Sotero and plaintiff's insured. According to the complaint, plaintiff paid it's insured the amount of $15,884.94 for collision damage. It filed its complaint in subrogation on September 1, 2020, seeking to recover that amount from defendant Sotero. Plaintiff was unable to locate defendant Sotero after extensive attempts, including hiring a private in...
2022.01.25 Motion to Compel Production of Docs, for Monetary Sanctions 676
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.01.25
Excerpt: ... of defendant Youn g Brothers Construction Compan y to compel further respo n Production of Documents, Set One, is denied. Plaintiff is awarded monetar y sanction of $1 BACKGROUND This action arises out of a remodeling project. Plaintiff is KHP IV Santa Barbara, LLC. Defend a Company. On September 13, 2019, plaintiff, as owner, entered into a written contract with defe n work, labor, and materials in connection with the remodel of the Hyatt Mar M...
2022.01.11 Motion to Tax Costs 413
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.01.11
Excerpt: ...unt y shall recover costs Background Prior to the trial of this action, defendant served plaintiff with a Code of Civil Procedure sectio n amount of $600,000. Plaintiff subsequently served defendant with a Section 998 settlement offe r County prevailed at trial, and subsequently filed and served its Memorandum of Costs, seeking r costs, including $1,423.99 in jury fees (Item 2), $19,707.70 in deposition costs (Item 4), $62,23 2 8), $2,605.50 in c...
2022.01.11 Motion to Strike 892
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.01.11
Excerpt: ...elow, the Court will deny the motion to strike at this time. Background In September, 2021, this Court denied plaintiff's motion for class certification, related to her cla i Company, had violated Labor Code sections 201-203 in issuing she and members of the putativ e which could—but would not necessarily—cause the user to incur fees, without obtaining their w its understanding of the facts, arguments, evidence, or its analysis of the certifi...
2022.01.11 Motion for Summary Judgment 196
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.01.11
Excerpt: ...natively for Summary Adjudication RULING For the reasons set forth herein, the motion of plaintiff MSLTD, LLC, for summary judgment or alternatively for summary adjudication is denied. Background On January 18, 2019, plaintiffs MSLTD, LLC (MSLTD), Lee McPherson, and CanJV, LLC, and defendant Fiore Management, LLC (Fiore) entered into a written Settlement Agreement and Release (Settlement Agreement). (Defendant's Response Separate Statement [DSS],...
2022.01.11 Motion for Leave to File FAC 005
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.01.11
Excerpt: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Issue GWD's request to file a FAC Ruling The request to file the FAC is GRANTED. File the FAC forthwith. Analysis GWD has moved for leave to file a FAC. GWD represents that they are seeking to amend the complaint to conform to the proof they provided at the first Phase I trial, in which ...
2022.01.11 Motion for Final Approval of Class Action Settlement 134
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.01.11
Excerpt: ... Class Action Settlement RULING Plaintiff's motion for final approval of class action settlement is granted as set forth herein. BACKGROUND This is a class action wage and hour lawsuit. By this motion, plaintiff David Andrade, on behalf of himself and all similarly situated current and former employees, seeks final approval of the proposed settlement with defendant General Dynamics Mission Systems, Inc., a company that designs and manufactures co...
2021.12.28 Motion for Judgment on the Pleadings 223
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.12.28
Excerpt: ...�ce.com;todd@stevensonlawofÞce.com; rob HEARING Motion of Defendant for Judgment on the Pleadings RULING For the reasons set forth herein, the motion of defendant Joi K. Stephens, Trustee of Trus t of the Stevens Famil y Trust U/D/T dated November 13, 1987, for jud gment on the pleadin g part and denied in part. The motion is granted, with leave to amend, as to the fifth cause o motion is in all other respects denied. Plaintiff Christopher S. Vi...
2021.12.28 Demurrer 672
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.12.28
Excerpt: ...easons set forth herein, the demurrer of defendant Radius Group Commercial Real Estate, Inc., to the second amended complaint is overruled. Defendant Radius Group shall file and serve its answer to the second amended complaint on or before January 12, 2022. Background Dante Armento – only - was dismissed - without prejudice – on 12/21/21. “This action involves the commission earned by Plaintiffs, as a result of their being the real estate a...
2021.12.14 Motion to Quash Subpoenas 542
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.12.14
Excerpt: ...; [email protected]; [email protected]; soliver@t ys HEARING Motion of Defendant Justin Sell to Quash Deposition Subpoenas RULING As set forth herein, the motion of defendant Justin Sell to quash deposition subpoenas is gr is granted to quash the subpoena to San Marcos Hi gh School in its entiret y. The motion is Hi gh School and Buena Hi gh School in the followin g particulars onl y: (1) documents to be other personnel records which reflect c...
2021.12.14 Motion of Judgment Creditor for Assignment Order, to Restrain Judgment Debtor 030
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.12.14
Excerpt: ...btor RULING For the reasons set forth herein, the motion of plaintiff and judgment creditor MUFG Union Bank N.A. for assignment orders and for a restraining order is denied without prejudice to the filing of a subsequent noticed motion with appropriate supporting evidence. Background On April 16, 2019, plaintiff MUFG Union Bank N.A. filed its complaint in this action for breach of contract—business line of credit agreement, money lent, and acco...
2021.12.14 Motion for Leave to Amend to File FAC 971
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.12.14
Excerpt: ...c. Emails: [email protected]; charanjit@weinberg- gonser.com; [email protected]; [email protected]; [email protected]; t MATTER Motion for Leave to File First Amended Direct Complaint; Motion for Leave to File First Ame n RULING The motions of plaintiff ECO Property Group, LLC for leave to file First Amended Direc t 2022 to August 30, 2022. Defendant ReProp Investments, Inc. ma y refile its summar y jud g BACKGROUND This acti...
2021.12.14 Demurrer 712
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.12.14
Excerpt: ...man.com; [email protected]; [email protected]; [email protected] RULING For the reasons set forth herein, the demurrer of cross-defendants Nitsa Citrine Christensen-Pomerleau and The Crystal Vision, LLC to the first amended cross- complaint of cross-complainants Sun Potion, LLC, and Scott Linde is overruled as to the first cause of action (breach of contract) and is sustained, with leave to amend, as to the second cause of action (misappropriat...

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