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2024.05.17 Motion to Compel Further Responses 861
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.05.17
Excerpt: ...de compliant written responses to the requests for production of documents, without objection, no later than May 31, 2024. 3. Cecilia Balster shall serve the responsive documents with the written responses, no later than May 31, 2024. 4. Sanctions are awarded in favor of plaintiff and against Cecilia Balster and Thyne Taylo r Fo x Ho w ard , LLP, in t h e amo u n t o f $ 2 ,5 3 5 .0 0 , jo in t ly an d se ve rally, t o b e p aid t o p lain t iff'...
2024.05.17 Demurrer 235
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.05.17
Excerpt: ...f shall file and serve its third amended complaint, if any, on or before May 31, 2024. Background: Plaintiff VMD Aviation, LLC, (VMD) filed its original complaint in this matter on September 27, 2023, alleging one cause of action for breach of contract against Alan Stalcup (Stalcup). The original complaint arises from an alleged agreement entered into b etween VMD and Stalcup on December 10, 2021, for the purchase o f a 2 0 0 0 C e s s n a C it a...
2024.05.17 Motion for Relief 224
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.05.17
Excerpt: ...h in w h ic h p la in t if f m u s t f ile a n y m o t io n (s ) to compel further responses to the subject discovery. Background : On February 26, 2024, the Court granted plaintiff's motions to compel defendant to provide responses to discovery without objection, no later than May 7, 2024. Defendant had contended that it had served responses untimely, because of a mistaken belief that a second continuance of time to respond had been granted by p...
2024.05.17 Demurrers 236
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.05.17
Excerpt: ...demurrer to the first amended complaint, and each cause of action therein, is overruled. 4. Plaintiff shall file and serve her second amended complaint no later than May 31, 2024. Background: This action commenced on July 26, 2023, by the filing of an unlawful detainer c o m p la in t b y p la in t if f Kie lle Ca m p b e ll H o r t o n Liv in g Tr u s t (“P la in t if f ”) a g a in s t defendants Horton Autosport Inc., DBA The Garage (“The...
2024.05.10 Motions to Compel Further Responses 439
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.05.10
Excerpt: ...gatory numbers 41 and 43, without objections overruled herein. Except as herein granted, plaintiff's motion to compel further responses to special interrogatories is otherwise denied. (2) For all reasons discussed herein, the motion of plaintiff to compel defendant's further responses to request for production of documents, set one, is granted, in part. On or before May 31, 2024, defendant General Motors, LLC, shall serve a ve rifie d further res...
2024.05.10 Motion for Summary Judgment 089
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.05.10
Excerpt: ...a of Santa Barbara County north of the City of Goleta. The operative pleading is the Second Amended Complaint (SAC) filed on December 16, 2020, by plaintiffs Austin Buist and Maverick Buist, who is a minor, individually and as heirs at law and successors in interest to Allyson Jean Buist, who is deceased, and t he Estate of Allyson Jean Buist. ( Note : For ease of reference, the court will refer to plaintiffs and decedent by their first names. No...
2024.05.10 Motion for Final Approval of Class Action Settlement 849
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.05.10
Excerpt: ...nt (FAC) filed by plaintiff Joel Cummings in this matter on March 22, 2018, on behalf of himself and others similarly situated, alleges six causes of action against defendant Eureka Restaurant Group LLC: (1) failure to provide meal periods; (2) failure to provide rest periods; (3) unfair competition; (4) failure to provide accurate wage statements; (5) failure to pay all wages owed upon termination; and (6) civil penalties under Labor Code sectio...
2024.05.10 Demurrer, Motion to Strike 688
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.05.10
Excerpt: ... Korman, Vasquez Ranch, L.P., and ECR Gaviota, Inc., shall further meet and confer in good faith with plaintiff So n ja Be c ke r-Gooch either in her self -represented capacity or with new counsel if appropriate , i n accordance with t his ruling. Furt he r, on or be fore July 24, 2024, defendants Nathan Korman, Vasquez Ranch, L.P., and ECR Gaviota, Inc., shall each file and serve individual status reports describing each defendant's e ffort s t ...
2024.05.10 Petition to File FAC 259
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.05.10
Excerpt: ... alleges one cause of action for violation of Civil Code section 3439 et seq. against defendants James Balster (James) and Jodi Lee Balster (Jodi). (Note : Due to common surnames, the court will refer to defendants by their first names to avoid confusion. No disrespect is intended.) As alleged in the complaint, plaintiff was the victim of childhood sexual assault and other misconduct by J a m e s a n d Ce c ilia Ba ls t e r (Ce c ilia ). (Co m p ...
2024.05.03 Motion for Summary Judgment 272
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.05.03
Excerpt: ... For Defendant Jonathan Walter Espinoza : Self Represented For Defendant Sergio Morales dba Sergio's Roofing and Rain Gu t t e r : No appearance TEN TATIVE RULIN G : Plaintiff's motion for summary judgment is granted as to defendant Jonathan Walter Espinoza. Background: O n M a r c h 2 9 , 2 0 2 1 , p la in t if f Br id g e r Cla im s Se r v ic e s , LLC (BCS), f ile d it s complaint in this matter alleging that it had in effect an automobile ins...
2024.05.03 Motion for Approval to Dismiss 317
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.05.03
Excerpt: ...y plaintiffs Michael Dennis and all those similarly situated against defendants Ralph T. Ianelli, Essex Capital Corporation (“Essex”), and Does 1 through 30. The c o m p la in t is a class action and sets forth causes of action for: (1) Negligence; (2) Vio la t io n o f Ca lif o r n ia Se c u r it y La w s ; (3 ) N e g lig e n c e P e r Se ; (4 ) Fr a u d ; a n d (5 ) F in a n c ia l Eld e r Ab u s e . On October 11, 2023, plaintiffs substitu...
2024.05.03 Motion for Attorney Fees 147
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.05.03
Excerpt: ...VE RULIN G : For all reasons discussed herein, the motion of defendant for attorney's fees and costs is granted. The court awards attorney fees in the amount of $16,425 in favor of defendant Evan Graves and against plaintiff Alexander Alobeydi. Background: On September 25, 2023, plaintiff Alexander Alobeydi (Alobeydi) filed a complaint in this matter against defendant Evan Graves (Graves), alleging nine causes of action: (1) assault; (2) battery;...
2024.05.03 Motion to Compel Deposition, for Monetary Sanctions 426
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.05.03
Excerpt: ...to July 12, 2024. Monetary sanctions in the amount of $2,000.00 are awarded in favor of plaintiffs and against defendant, to be paid to plaintiffs' counsel no later than May 31, 2024. Background: This action commenced on October 6, 2023, by the filing of the complaint by p la in t if f s Ro g e r L. H o r n e a n d Kim St . Au b in (c o lle c t iv e ly , p la in t if f s ) a g a in s t defendant Nissan North America, Inc. (Nissan) for breach of i...
2024.05.03 Motion to Compel Production of Text Messages 853
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.05.03
Excerpt: ...ahry : Rachel Van Mullem, Teresa Martinez, Kristen Cortez, Office of the County Counsel TEN TATIVE RULIN G : For all reasons discussed herein, the motion of defendant the County of Santa Barbara to compel the production of text messages is denied without prejudice. Background: P la in t if f Alic ia P is c h ke f ile d a c o m p la in t in t h is m a t t e r o n M a y 1 3 , 2 0 2 2 , a lle g in g o n e cause of action for work environment harassm...
2024.05.03 Motion to Set Aside Summary Judgment, Discharge Forfeiture, and Exonerate Bail 541
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.05.03
Excerpt: ...f defendant's bond number FCSSO -2467448 is vacated, and the bond is exonerated. Background: Court records reflect that on August 5, 2022, defendant Financial Casualty & Surety, Inc., through its bail agent Bail Hotline Bail Bonds (Surety), posted bail bond no. FCS502467448 (the bail bond) in the amount of $30,000, as security for the appearance o f Th o m a s P a t r ic k Ca m p b e ll (Ca m p b e ll) o n O c t o b e r 5 , 2 0 2 4 , in Superior ...
2024.05.03 Motions to Compel, for Admissions 516
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.05.03
Excerpt: ...aintiff separately propounded Supplemental Requests for Production of Documents, and Supplemental Interrogatories on each defendant. Defendants requested and received two -week extensions of time to respond to each set of the discovery. When responses had not been provided by the extended dates for response, plaintiff on February 13, 2024, filed motions to compel responses to the form int e rrogatorie s, spe cial inte rrogat orie s, and re que st...
2024.04.26 Motion to Strike 736
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.26
Excerpt: ... Ch r is t in a Th o m a s a n d Ale xa n d r e H o r t (c o lle c t iv e ly “p la in t if f s ”) against defendants Jill Dore Kent and Martin Mielko (collectively “defendants”) setting forth 10 caus es of action. On August 8, 2023, plaintiffs filed their first amended complaint. On October 23, 2023, plaintiffs filed their second amended complaint (“SAC”) setting forth causes of action for: (1) Breach of contract; (2) Violation of Sta...
2024.04.26 Motion to Enforce 595
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.26
Excerpt: ...Multiservice Santa Barbara, LLC seeking injunctive relief for alleged violations of the Immigration Consultant Act. On December 5, 2023, plaintiff made a settlement offer that included enjoining defendants from further violations of the Immigration Consultant Act and payment of fees and costs in the amount of $12,500.00. (Brown Dec., ¶ 1 & Exh. 1.) Defendant accepted the o ffe r. (Bro w n D e c ., ¶ 2 & Exh . 2 .) On January 10, 2024, the parti...
2024.04.26 Motion for Summary Judgment 245
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.26
Excerpt: ... cross- actions arise out of the ownership of real property located at 1790 Eucalyptus Hill Road, Santa Barbara (the Property) by plaintiff, cross-defendant, and cross -c o m p la in a n t Alis o n E. Chase and defendant , c r o s s-complainant, and cross -defendant Brian M. Metcalf. (1 ) P r o c e d u r a l H is t o r y On June 7, 2021, Chase filed her original complaint in this action asserting a cause of act ion for part it ion sale of the Pro...
2024.04.26 Motion for Judgment on the Pleadings 612
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.26
Excerpt: ...Santa Barbara (the City) in the City Administrator's Office from December 1998 until her resignation in 2022. (Complaint, ¶ ¶ 1, 17, 40.) As alleged in the complaint, during Johnson's e m p lo y m e n t w it h t h e Cit y , s h e w a s r e s p o n s ib le f o r h ig h v is ib ilit y , h ig h -le v e l, a n d complex assignments on behalf of the City Administrator and City Council which involved directing interdepa rtmental teams, serving as the...
2024.04.26 Motion for Determination of Good Faith Settlement 346
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.26
Excerpt: ...0 1 9 , b y t h e f ilin g o f t h e c o m p la in t b y plaintiffs John C. Ellsworth and Janice L. Ellsworth as Trustees of the Casa Gran Vista Revocable Trust against defendants Sierra Pacific Windows (“Sierra”) and Ken Taub dba KT Constru ction Company (“KT”) setting forth causes of action for: (1) Negligence; (2) Negligence per se; (3) Breach of contract; (4) Breach of implied and express warranties; and (5) Breach of implied warranti...
2024.04.26 Demurrer 374
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.26
Excerpt: ...nt, if any, on or before May 6, 2024. Background: Th e f ir s t a m e n d e d c o m p la in t (F AC) f ile d b y p la in t if f Lilly Te is h e r in t h is m a t t e r o n December 22, 2023, is the operative pleading. As alleged in the FAC: Defendant Sigma Nu, Kappa Eta Chapter (Kappa Eta) is a branch of defendant Sigma Nu Fraternity, Inc. (Sigma Nu National) that operates a fraternity house located at 6587 Del Playa Drive in Goleta, California (...
2024.04.19 Motion for Attorney Fees 056
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.19
Excerpt: ...n (plaintiff) and against defendants Lucas Carl Steuber and Estelle Lynn Konrad (defendants) in the total amount of $8,096.97. (Ferns decl., ¶ 3 & exhibit 1.) The Oregon Judgment includes an award of at t orne y fe e s. ( Ib id .) On June 2, 2022, a judgment was entered in this court as a sister -state judgment based upon the Oregon Judgment, and including accrued interest, in the amount of $9,781.61. On July 26, 2022, the court issued a writ of...
2024.04.19 Motion for Judgment on the Pleadings 556
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.19
Excerpt: ... filed a complaint against defendant Covenant Living West, Inc. (Covenant Living) asserting seven causes of action: (1) failure to provide meal and rest periods (Lab. Code, §§ 226.7 & 512; IWC wage orde rs); (2) failure to pay overtime wages (Lab. Code, § 510 et seq.); (3) failure to pay final wages (Lab. Code, §§ 201, 202, 203); (4) failure to provide accurate itemized wage statements (Lab. Code, §§ 226, 1174); (5) failure to pay wages wh...
2024.04.19 Motion for Summary Judgment 250
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.19
Excerpt: ... of California (University) as an Assistant Coach for Cross County and Track & Field (Distance). (Plaintiff's Response Separate Statement [PSS], undisputed fact 1.) Track and Field and Cross Country are two separate subsets of the same program. (PSS, undisputed fact 2.) In 2018, the Director of Track and Field and Cross County was Peter Dolan. (PSS, fact 18 [undisputed on this point].) Dolan oversaw both Cross Country and Track and Field subsets ...
2024.04.19 Motion for Summary Judgment 501
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.19
Excerpt: ...e r f ile d h is f ir s t a m e n d e d c o m p la in t (FAC). Th e FAC a s s e r t e d e ig h t c a u s e s o f a c t io n : (1 ) f a ls e a r r e s t ; (2 ) f a ls e im p r is o n m e n t ; (3 ) n e g lig e n c e ; (4 ) b a t t e r y ; (5 ) in t e n t io n a l in f lic t io n o f e m o t io n a l d is t r e s s ; (6 ) v io la t io n o f s t a t u t o r y d u t y t o properly train officers; (7) violation of statutory duty to properly supervise ...
2024.04.19 Motion to Vacate Summary Judgment, Reinstate, and Exonerate Bail Bond 612
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.19
Excerpt: ...nt Marlon Anibal Valle -M e jia (“Va lle -M e jia ”). On July 19, 2022, Valle -Mejia failed to appear in court for a preliminary hearing. A bench warrant was issued, and the matter was continued. On August 8, 2022, Va lle -Mejia again failed to appear for a preliminary hearing and the matter was again continued. On August 29, 2022, Valle -Mejia again failed to appear in court and the bail was ordered forfeited. Notice was mailed to ASC on Aug...
2024.04.19 Motions to Compel Further Responses 348
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.19
Excerpt: ... documents are each denied. Background: As a lle g e d in t h e c o m p la in t f ile d in t h is m a t t e r o n Ap r il 3 , 2 0 2 3 , b y p la in t if f J o h n Doe: In August 2014, plaintiff was hired to work at defendant Norman's Nursery, Inc. (NNI). (Compl., ¶ 12.) Defendant Cuauhtemoc Rodriguez (Rodriguez) was p la in t if f 's s u p e r v is o r . ( Id . at ¶ 13.) Rodriguez constantly made sexual comments about plaintiff and was reported...
2024.04.19 OSC Re Sanctions 207
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.19
Excerpt: ...ered to give notice of the court's ruling herein. Background: Plaintiff Fernando Castro-Ra m ir e z f ile d a c o m p la in t in t h is m a t t e r o n O c t o b e r 2 6 , 2022, alleging five causes of action against defendant General Motors, LLC (GM): (1 ) v io la t io n o f Civ il Co d e s e c t io n 1 7 9 3 .2 , s u b d iv is io n (d ); (2 ) v io la t io n o f Civ il Code sect ion 1793.2, subdivision (b); (3) violation of Civil Code section 17...
2024.04.05 Motion to Strike, to Seal, for Attorney Fees 147
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.05
Excerpt: ...n d a n t is d e n ie d as to the ninth cause of action alleged in plaintiff's complaint. (2) For all reasons discussed herein, the motion of plaintiff to seal the declaration of Alexander Alobeydi is granted. The declaration of Alexander Alobeydi lodged conditionally under seal on February 20, 2024, is ordered filed under seal. No ot he r court records or records relating to the case are to be sealed at this stage of the proceedings. Only the co...
2024.04.05 Motion to Set Aside Entry of Default 161
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.05
Excerpt: ...or assault, battery, in t e n t io n a l in f lic t io n o f e m o t io n a l d is t r e s s , a n d n e g lig e n c e . As alleged in the complaint: On May 19, 2022, at 20 Winchester Canyon Road, Goleta, plaintiff was approached by defendant, who is taller and heavier than plaintiff, wherein an argument ensued, and defendant picked plaintiff up and dropped him to the floor causing injuries. (Complaint, ¶ 4.) Defendant was served with the summon...
2024.04.05 Motion to Dismiss Class Member 317
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.05
Excerpt: ... as the status of the District Court case, no later than April 17, 2024. 3. P la in t if f s h a ll p r o v id e n o t ic e o f t h is r u lin g t o a ll p a r t ie s . Background: Th is a c t io n c o m m e n c e d o n J u ly 3 , 2 0 1 8 , b y t h e f ilin g o f t h e o r ig in a l c o m p la in t b y plaintiffs Michael Dennis and all those similarly situated against defendants Ralph T. Ianelli, Essex Capital Corporation (“Essex”), and Does ...
2024.03.29 Motion to Compel Arbitration 162
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.03.29
Excerpt: ...anta Barbara County Flood Control and Water Conservation District for a Water Supply” (the State W ate r Cont ract ) which provi ded for the allocation, conveyance, and delivery of water through the State Water Project (SWP) in exchange for payments by defendant Santa Barbara County Flood Control and Water Conservation District (District) to the State. (Defendant's Response Separate Statement [DSS], undisputed fact 1.) (Note: The operative plea...
2024.03.29 Motion for Summary Judgment 432
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.03.29
Excerpt: ...anta Barbara County Flood Control and Water Conservation District for a Water Supply” (the State W ate r Cont ract ) which provi ded for the allocation, conveyance, and delivery of water through the State Water Project (SWP) in exchange for payments by defendant Santa Barbara County Flood Control and Water Conservation District (District) to the State. (Defendant's Response Separate Statement [DSS], undisputed fact 1.) (Note: The operative plea...
2024.03.29 Motion for Determination of Good Faith Settlement 346
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.03.29
Excerpt: .... shall revise the proposed order to reflect that the application for determination of good faith settlement was challenged. Background: Th is a c t io n c o m m e n c e d o n M a y 2 , 2 0 1 9 , b y t h e f ilin g o f t h e c o m p la in t b y plaintiffs John C. Ellsworth and Janice L. Ellsworth as Trustees of the Casa Gran Vista Revocable Trust against defendants Sierra Pacific Windows (“Sierra”) and Ken Taub dba KT Construction Company (�...
2024.03.22 Motion for Consolidation 182
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.03.22
Excerpt: ...HEARING : (1) Case Number 22CV01182: Motion Of Plaintiffs India Kenan, a minor by and through her guardian ad litem Benjamin Kenan, and Be n ja m in Ke n a n 's Fo r Co n s o lid a t io n (2) Case Number 22CV01230: Motion Of Plaintiffs Jameson Moore, a minor by and through his guardian ad litem Katy Kelly, M.D., Jackson Moore, a minor by and through his guardian ad litem Derek Moore, M.D., and Derek Moore, M.D., For Consolidation ATTO RN EYS : Fo...
2024.03.22 Motion for Consolidation 230
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.03.22
Excerpt: ... 2024 HEARING : (1) Case Number 22CV01182: Motion Of Plaintiffs India Kenan, a minor by and through her guardian ad litem Benjamin Kenan, and Be n ja m in Ke n a n 's Fo r Co n s o lid a t io n (2) Case Number 22CV01230: Motion Of Plaintiffs Jameson Moore, a minor by and through his guardian ad litem Katy Kelly, M.D., Jackson Moore, a minor by and through his guardian ad litem Derek Moore, M.D., and Derek Moore, M.D., For Consolidation ATTO RN EY...
2024.03.22 Motion to Compel Further Responses 207
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.03.22
Excerpt: ...RN EYS : For Pla int iff Ferna ndo Ca st ro -Ra m ir e z : Nancy Zhang, Corinna Jiang, Consumer Law Experts, PC For Defendant General Mot ors, LLC : Mary Are ns McBride , Ryan Kay, Erskine Law Gr o u p , P C TEN TATIVE RULIN G : (1) For all reasons discussed herein, the motion of plaintiff to compel further responses and documents to plaintiff's request for production of documents, set o n e , is d e n ie d w it h o u t p r e ju d ic e . (2) Plai...
2024.03.22 Motion to File Records Under Seal 612
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.03.22
Excerpt: ...r Seal 2. Nina Johnson's Motion to File Records Under Seal 3. City Of Santa Barbara's Motion for Judgment on the P le a d in g s ATTO RN EYS : Fo r P la in t iff Nin a J o h n s o n : Christina A. Humphrey, Robert N. Fis h e r , Ch r is t in a H u m p h r e y La w , P .C. For Defendant City of Santa Barbara: Sa ra h J. Kn e c h t , To m R. Shapiro, John S. Doimas, Office of the City Attorney TEN TATIVE RULIN G : For all reasons discussed herein: ...
2024.03.22 Motion to Vacate Summary Judgment, Reinstate, and Exonerate Bail Bond 612
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.03.22
Excerpt: ...ff County of Santa Barbara: Rachel Van Mullem, Daniel Lopez For Defendant American Surety Company: John M. Ro r a b a u g h TEN TATIVE RULIN G : American Surety Company's motion to vacate summary judgment, reinstate, and exonerate bail bond is denied. Background: On July 16, 2021, in criminal case No. 21CR05624, defendant American Surety Company (“ASC”) posted bond number AS100 -161926, in the amount of $100,000.00, for the release of crimina...
2024.03.15 Motion to be Relieved as Counsel, for Summary Judgment 597
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.03.15
Excerpt: ...nted For Defendant Fiore Management, Inc. : Fre de rick W arre n Strasser, FW Strasser Associates LLC TEN TATIVE RULIN G : (1 ) For the reasons set forth herein, the hearing on the motion of counsel for defendant Fiore Management, Inc., attorney Frederick Warren Strasser, is continued to April 26, 2024. Attorney Strasser shall serve the moving papers together with this ru ling continuing the hearing on Fiore Management on or before April 5, 2024,...
2024.03.15 Demurrer, Motion to Strike 752
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.03.15
Excerpt: ...n ad litem Julia E. Briscoe a nd Julia E. Briscoe: J u lia E. Br is c o e For Defendants Tracie Simolon and the Archdiocese of Los Angeles Education & Welfa re Corpora t ion : Fre d Grannis TEN TATIVE RULIN G : (1) For all reasons discussed herein, the demurrer of defendants to plaintiffs' complaint is sustained, in part and with leave to amend as to the second, third, fourth, and fifth causes of action alleged in the complaint and titled as, re ...
2024.03.08 Motion to Strike 330
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.03.08
Excerpt: ...s or costs will be awarded. Background: This action commenced on August 1, 2023, by the filing of the complaint by plaintiff J. Blair Pence II against several defendants including Richard D. Starnes, individually and dba RDS Architecture & Planning (collectively “Starnes”), Mark Thomas Ventura, individually and dba Ventura Pools, Ventura Pools, Inc., dba Ventura Pools, Scott Joseph Ventura, individually and dba Ventura Pools, Microplasma Ozon...
2024.03.08 Demurrer, Motion to Strike 809
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.03.08
Excerpt: ...e and serve their answer to plaintiff's first amended complaint on or before March 18, 2024. Background : On February 28, 2023, plaintiff David McKay filed a complaint against defendants Hopp Technologies, Inc., (Hopp), Fabrice Allain (Fabrice), Antoine Allain (Antoine), Ratna Madeka (Madeka); Matt Barnes (Barnes), Khalid Taylor (Taylor), and Ray Young (Young) (collectively, defendants), alleging nine causes of action: (1) fraud; (2) civil conspi...
2024.03.08 Demurrer, Motion to Strike 736
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.03.08
Excerpt: ...ation of municipal ordinances. 3. Defendants' motion to strike is denied in its entirety. 4. Plaintiffs shall file and serve their third amended complaint no later than March 29, 2023. Background: This action commenced on June 27, 2023, by the filing of the complaint by plaintiffs Haley Christina Thomas and Alexandre Hort (collectively “plaintiffs”) against defendants Jill Dore Kent and Martin Mielko (collectively “defendants”) setting fo...
2024.03.08 Demurrer, Motion to Strike 348
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.03.08
Excerpt: ...use of action, first paragraph no. 1 (“For disgorgement of all sums paid under the illegal Construction Agreement”); prayer for relief, first cause of action, first paragraph no. 3 (“For attorney's fees”); and prayer for relief, second cause of action, second paragraph no. 2 (“For attorney's f e e s ”). (3) Leave to amend granted herein is limited to providing further allegations relating to any claim for disgorgement and or attorney'...
2024.02.23 Motion for Protective Order 181
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.02.23
Excerpt: ...f public property; (2) negligence; and (3) p r e m is e s lia b ilit y . As a lle g e d in t h e c o m p la in t : On February 28, 2021, plaintiff was riding his bicycle on Modoc Road north of the intersection with Ferrara Way in the City of Santa Barbara, County of Santa Barbara, State of California when he encountered temporary cones changing the road configuration an d s h if t in g v e h ic le t r a f f ic in h is d ir e c t io n . (Co m p la...
2024.02.23 Motion for Approval of Class Action and PAGA Settlement 779
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.02.23
Excerpt: ...re st bre aks, (5) failure to indemnify necessary business expenses, (6) failure to timely pay final wages at termination, (7) failure to provide accurate itemized wages statements, and (8) unfair business practices. By stipulation filed May 6, 2022, the parties stipulated to permit plaintiff to file a First Amended Complaint. The First Amended Complaint (found in the court file only as an attachment to the stipulation permitting its filing), rea...
2024.02.23 Motion for Terminating Sanctions 848
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.02.23
Excerpt: ...iff's then -attorney moved to be relieved as counsel of record on July 13, 2022. Thereafter, on July 21, 2022, defendant served plaintiff with Form Interrogatories (Set 1), Special Interrogatories (Set 1), and a Request for Production of documents (Set 1). Although an extension of time to respond by September 22, 2022, was granted, no responses to the discovery were ever received. At a hearing conducted on September 30, 2022, plaintiff's attorney...
2024.02.23 Motion to Compel Further Responses 540
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.02.23
Excerpt: ... 115 will be limited in time to encompass 2021 to the date of production. 2. Ford shall provide further code -compliant verified responses, without objections other than as to privilege, no later than March 15, 2024. 3. Should any documents be withheld on claim of privilege, Ford shall s e r v e a p r iv ile g e lo g id e n t if y in g e a c h r e s p o n s iv e d o c u m e n t w it h h e ld on the grounds of privilege together with sufficient ad...
2024.02.23 Motion to Seal 679
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.02.23
Excerpt: ...ngs and specifically references paragraphs 34, 37, and 38 as the portions of the FAC to be placed under seal. The remainder of t he FAC w ill b e in c lu d e d in t h e p u b lic f ile . Background: This action commenced on August 23, 2023, by the filing of the original class - action complaint by plaintiff Jane Doe against defendant Cottage Health (“Cottage”) asserting causes of action for: (1) Violations of Penal Code section 630, et seq.; ...
2024.02.16 Motion to Deem RFAs Admitted, to Compel Responses 224
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.02.16
Excerpt: ...that request is denied. The Court's order compelling responses without objections is made without prej u d ic e to BMW's ability to file a properly supported motion for relief from its waiver of objections. If such a motion has been filed and served prior to March 7, 2024, the March 7, 2024, deadline for providing responses without objections will be deferred pending a ruling on the motion. Background : P la in t if f 's c o m p la in t , f ile d...
2024.02.16 Motion to Compel Further Responses, for Sanctions 556
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.02.16
Excerpt: ... in t if f ”) against her former employer Covenant Living West, Inc. (“defendant”) The complaint asserts seven causes of action as follows: (1) Failure to provide meal and rest periods. (2) Failure to pay overtime wages. (3) Failure to pay final wages. (4) Failure to provide accurate itemized wage statements. (5) Failure to pay wages when due. (6) Unfair Business Practices. (7) Unlawful retaliation. As alleged in the complaint: In April 201...
2024.02.16 Motion to Compel Further Responses 207
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.02.16
Excerpt: ... 1 , 2 0 2 4 , t h e p a r t ie s s h a ll s u b m it a jo in t r e p o r t , o r in d iv id u a l s t a t u s r e p o r t s , in accordance with this ruling. Background: Plaintiff Fernando Castro-Ra m ir e z f ile d a c o m p la in t in t h is m a t t e r o n O c t o b e r 2 6 , 2022, alleging five causes of action against defendant General Motors, LLC (GM): (1 ) v io la t io n o f Civ il Co d e s e c t io n 1 7 9 3 .2 , s u b d iv is io n (d );...
2024.02.16 Motion for Leave to File SAC, for Protective Order 089
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.02.16
Excerpt: ...2 ) As set forth herein, by the granting of leave to file a second amended complaint, the demurrer to the first amended complaint is moot and ordered off c a le n d a r . (3 ) For the reasons set forth herein, the motion of defendant for a protective order is denied. Plaintiffs' request for an award of monetary sanctions is denied. Background: On May 12, 2023, plaintiffs Alex Pananides, individually and as trustee of the Alexander Nicholas Panani...
2024.02.09 Motion to Compel Further Responses 266
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.02.09
Excerpt: ...heston Administrative Trust under the Cochran-Cheston Trust (the Administrative Trust), and as Trustee of the Bayshore Tower Apartments Trust (the Bayshore Trust) (collectively, plaintiff) filed a complaint against defendant Bayshore Housing, LLC. The complaint alleges three causes of action against defendant: (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; and (3) declaratory relief. As alleged in the complaint...
2024.02.09 Demurrers, Motion to Stay 947
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.02.09
Excerpt: ... First Amended Complaint is overruled. 4. Defendants County of Santa Barbara and California Coastal Commission shall file and serve their answers to plaintiff's first amended complaint no later than February 29, 2024. Background: This action commenced on March 9, 2023, by the filing of the original petition and complaint by plaintiff Casa Blanca Beach Estates Owners' Association (“CBBEOA”) against defendant State of California ex rel. State L...
2024.02.09 Demurrer, Motion to Strike 369
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.02.09
Excerpt: ...rrer is overruled. (2) For all reasons set forth herein, defendant's motion to strike the fourth and fifth causes of action alleged in plaintiff's first amended complaint is denied. (3) Plaintiff shall file and serve her second amended complaint, if any, on or before February 20, 2024. (4) At the hearing on defendant's demurrer and motion to strike, the parties shall be prepared to discuss, in accordance with this ruling, consolidation of the pre...
2024.02.02 Demurrer 204
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.02.02
Excerpt: ...reach of the implied covenant of good faith and fair dealing will be overruled; and (3) The demurrer to the third cause of action for breach of obligation to report payments on judgment will be sustained, without leave to amend. Background: On January 18, 2023, plaintiff Henry Aguila (Aguila) filed a complaint, in pro per, against defendants First American Title Insurance Company (First American), Pico Rivera First Mortgage Investors, LP (Pico Ri...
2024.02.02 Motion to Compel Arbitration 691
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.02.02
Excerpt: ... (“Trident”), and SCI Shared Services (“SCI”) containing seven causes of action: (1) Recovery of Unpaid Overtime Wages; (2) Failure to Provide Meal Periods; (3) Failure to Provide Rest Periods; (4) Failure to Timely Furnish Accurate Itemized Wage Statements; (5) Violation of Labor Code section 203; (6) Unfair Business Practices; and (7) Disability Discrimination. Plaintiff alleges that defendants are her former employers, and she was empl...
2024.02.02 Motions to Compel, Application for Right to Attachment Order and Writs of Attachment, to Stay 886
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.02.02
Excerpt: ...ttend the hearing in this matter, either in-person or remotely, to discuss the scheduling of a further Case Management Conference. 3. Defendants' motions to compel further responses to discovery are taken off-calendar to be re-set for hearing after the stay is lifted. Background: This action was commenced on July 26, 2022, when plaintiff Mystica Fleury (Fleury) filed a complaint against defendants Byron Richard Tarnutzer (aka Rick Tarnutzer), Von...
2024.01.26 Motion to Compel Mental Exam 740
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.01.26
Excerpt: ...ative pleading in this matter. (Note: Due to common familial surnames, the court will refer to plaintiffs individually by their first names to avoid confusion. No disrespect is intended.) As alleged in the FAC: On February 22, 2019, Sophie, who was 17 years old at the time, was attending San Marcos High School (San Marcos) and was chosen to perform in a variety talent show for the school's theater department. Under the direction of San Marcos and...
2024.01.26 Motion for Attorney Fees 178
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.01.26
Excerpt: ...mutually agreed, or further order of the court, payment for fees and costs is to be made no later than March 15, 2024. Background: This action arises out of a dispute over alleged defects in a home in Los Angeles that plaintiffs Nicole Nagel and ESY Investments, LLC, purchased from defendants Tracy Westen and Linda Lawson in June 2011. The parties arbitrated the dispute, and, on August 5, 2013, plaintiffs were awarded $4.595 million in damages, c...
2024.01.26 Demurrer, Motion to Strike 247
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.01.26
Excerpt: ...iffs first amended complaint no later than February 16, 2024. Background: This action was commenced on July 27, 2023, by the filing of the complaint by plaintiff Ocean Walk at North Campus Owners Association ("Ocean Walk") against defendants Stronghold Engineering Incorporated ("Stronghold") and Pat McCarthy Construction, Inc., dba McCarthy Companies ("McCarthy") for: (1) Violation of Standards for Residential Construction; (2) Breach of Implied ...
2024.01.26 Demurrer 415
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.01.26
Excerpt: ...the claim with requisite specificity, is overruled as to defendant O'Callaghan, and sustained with respect to defendants Sansum Clinic and Sansum Santa Barbara Medical Clinic, Inc., with leave to amend on or before February 16, 2024. BACKGROUND: Plaintiff Jane Doe (Doe) filed the current achon on January 31, 2023. Her original complaint named as defendants W. Kiernan O'Callaghan, M.D. (O'Callaghan), Sansum Clinic, and Sansum Santa Barbara Medical...
2024.01.19 Motion to Compel Responses 517
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.01.19
Excerpt: ...l complaint in this action against defendants Ply Gem Pacific Windows Corporation (Ply Gem) and Homer T. Hayward Lumber Co. (Hayward) alleging six causes of action: (1) breach of contract; (2) breach of express warranty; (3) breach of implied warranty of merchantability; (4) product liability— design defect; (5) product liability—manufacturing defect; and (6) negligent misrepresentation. (Complaint, 8, Prod. L-4, Prod. L-5, Prod. L-6 & Attach...
2024.01.19 Motion to Compel Deposition of PMQ 371
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.01.19
Excerpt: ...le to attend a deposition. On or before January 31, 2024, plaintiff shall select a date for the deposition of defendant's person most qualified from the dates provided and notify defendant of that date. If defendant does not provide a date on which its person most qualified is available to attend a deposition by January 25, 2024, plaintiff may unilaterally select and notice a date for the deposition of defendant's person most qualified. The depos...
2024.01.19 Motion for Summary Judgment, Adjudication 954
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.01.19
Excerpt: ...the University of California ("Regents"), Michael Little, and Greg Smorodinsky alleging causes of action for: (1) Harassment in Violation of FEHA; (2) Quid Pro Quo Sexual Harassment in Violation of FEHA; (3) Discrimination in Violation of FEHA; (4) Retaliation in Violation of FEHA; and (5) Violation of Labor Code secton 1102.5. As alleged in the complaint: Plaintiff was hired by Regents as a police officer in June 2015, following a panel review. ...
2024.01.19 Motion for Summary Judgment 042
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.01.19
Excerpt: ...ted against her by eliminating her position after she repeatedly complained to management that Cottage's new Chief of Pediatrics, Dr. Kanard, was placing patents' safety at risk, and was deviating from the standard of care. Although Plaintiff was offered a position as a PA in robotics surgery, with the same pay and benefits, she asserts that this transfer was a demotion and an adverse employment action, and that it ruined her career and opportuni...
2024.01.19 Motion for Monetary Sanctions 746
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.01.19
Excerpt: ...omplaint asserts eleven causes of acton: (1) violation of the Garn-St. Germain Act/RESPA; (2) breach of contract; (3) violation of FDCPA (15 U.S.C. S 1692f(6)); (4) wrongful foreclosure; (5) violation of the California Home Owners Bill of Rights; (6) violation of Civil Code section 2934a; (7) cancellation of instruments; (8) fraud; (9) violation of Unfair Competition Law; (10) fraud; and, (11) intentional infliction of emotional distress. (Note: ...
2024.01.12 Demurrer, Motion to Strike 182
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.01.12
Excerpt: ...iffs shall file and serve their second amended complaint, in the form attached to plaintiffs' non- oppositions to the demurrer and motion to strike of Kone, on or before January 19, 2024. Background: Plaintiffs Benjamin Kenan (Benjamin) and India Kenan (India), by and through her guardian ad litem Benjamin (collectively, plaintiffs), filed a complaint for damages on March 25, 2022, against Target Corporation (Target) and Mitsubishi Electric, US, ...
2024.01.12 Demurrer, Motion to Strike 230
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.01.12
Excerpt: .... (3) Plaintiffs shall file and serve their second amended complaint on or before January 19, 2024. Background: Plaintiffs Derek Moore, M.D. (Derek), Jameson Moore (Jameson), by and through his guardian ad litem Katy Kelly, M.D., and Jackson Moore, a minor by and through his guardian ad litem Derek (collectively, plaintiffs), filed a complaint for damages on April 1, 2022, against Target Corporation (Target) and Mitsubishi Electric, US, Inc. (Mit...
2024.01.12 Demurrer, Motion to Strike 886
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.01.12
Excerpt: ...Mystica Fleury (Fleury) filed a complaint against defendants Byron Richard Tarnutzer (aka Rick Tarnutzer), Vonna Carol Tarnutzer, and American Interior, alleging nine causes of action related to an underlying transaction in which defendant Rick Tarnutzer (Rick) induced Fleury to purchase a run-down property and hire him and his wife, Vonna Carol Tarnutzer (Vonna), to perform design and construction work to remodel the property. [Note: In order to...
2024.01.12 Motion for Issue, Evidence, or Terminating Sanctions 645
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.01.12
Excerpt: ...duction Nos. 104 and 105, and that such disobedience has had the effect of suppressing discoverable evidence. These findings will be considered by the court in determining appropriate jury instructions and in ruling on appropriate motons in limine at the time of trial. The court additonally grants monetary sanctions in fawr of plaintiff Vranish and against defendant Raytheon and its counsel, Gordon Rees Scully Mansukhani, LLP, jointly and several...
2024.01.12 Motion for Summary Judgment 295
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.01.12
Excerpt: ...ion of the first and second causes of action of the fourth amended cross-complaint of Signal Hill Service, Inc., and cross-complainant Carone Petroleum Corporation. Summary judgment is granted in favor of cross-defendant California State Lands Commission and against cross-complainant Carone Petroleum Corporation. In all other respects, the motion is denied. Background: Plaintiff State Lands Commission (Commission) and defendant Signal Hill Servic...
2024.01.12 Motion for Summary Judgment 792
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.01.12
Excerpt: ...miano Gonzalez. The complaint sets forth causes of action for subrogation claim and indebtedness. As alleged in the complaint: On May 10, 2019, Connect provided automobile insurance to Joe Weicai Lei. (Complaint, '1 8.) On that date, Gonzalez rear-ended Lei resulting in Connect making payments, for property damage and uninsured motorist injury, in the amount of $9,500.00 (Complaint, 9, 10.) Gonzalez filed his answer to the complaint on March 29, ...
2024.01.12 Motion to Dismiss, to Strike 299
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.01.12
Excerpt: ...ices, LLC is stricken. BaronHR's answer to the cross-complaint of Partners is stricken and default will be entered against ft. Background: This action commenced on December 21, 2020, and arises out of alleged defamatory statements made by defendant Partners Personnel-Management Services, LLC (Partners), in a letter dated December 4, 2020 (the letter). As alleged in plaintiff BaronHR West, Inc.'s (BaronHR), complaint filed on December 21, 2020, Pa...
2024.01.05 OSC Re Contempt 728
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.01.05
Excerpt: ...oduction of Documents Nos. 14, 15, 21, and 22, and to do so on or before January 25, 2024. Background: On March 26, 2021, plaintiff Ryan Hashimoto filed a complaint against The Regents of the university of California, the University of California Santa Barbara, and the University of California Santa Barbara Police Department (collectively "Regents") in Case No. 21CV01256, alleging causes of action for racial discrimination in violation of the Fai...
2024.01.05 Motion to Stay 357
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.01.05
Excerpt: ...aims or further order of the court, litigation of all other claims is stayed. Any demurer to the FAC as to these claims may be filed and set for hearing after the stay is lifted. (2) On the court's own motion, the November 29, 2023, Further Case Management Order is vacated. The parties are ordered to meet and confer as to a new case management conference order consistent with the guidelines set forth herein and the court's October 6, 2023, order,...
2023.12.22 Motion for Preliminary Injunction, Application to Stay
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.12.22
Excerpt: ...n Sclar (San Francisco) and Devin M. Senelick (Los Angeles) of Hooper, Lundy & Bookman, P.C. for Defendants/Respondents County of Santa Barbara, County of Santa Barbara Board of Supervisors, County of Santa Barbara Department of Public Health, and Santa Barbara County Fire Protection District. Rob Sonta / Darrell W. Spence / Kevin L Quade of the Attorney General's Offce on behalf of Amicus Curiae California Emergency Medical Services Authority. J...
2023.12.15 Motion to Compel compliance with Discovery Order 371
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.12.15
Excerpt: ... being asked. The further responses shall be served no later than January 5, 2024. Prospective sanctions are denied. Background: This action was commenced on August 31, 2022, by the filing of the complaint by plaintiff Brian A. Goldsworthy against defendant General Motors, LLC ("GM"). The complaint alleges causes of action as follows: (1) Violation of Civil Code section 1793.2, subdivision (d); (2) Violation of Civil Code secton 1793.2, subdivisi...
2023.12.15 Motion for Summary Judgment 181
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.12.15
Excerpt: ...nc. ("Rasmussen") for dangerous condition of public property, negligence, and premises liability. As alleged in the complaint: "On February 28, 2021, at approximately 7:30 p.m., Plaintiff Robert Kimball was riding his bicycle on Modoc Road north of the intersection with Ferrara Way in the City of Santa Barbara, County of Santa Barbara, State of California." (Complaint, 8.) "As Plaintiff Robert Kimball rode his bicycle in the bicycle lane on Modoc...
2023.12.15 Application for Right to Attach Order, for Issuance of Writ of Attachment 077
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.12.15
Excerpt: ...filed its original complaint against defendant Central Coast Agriculture, lnc„ dba Raw Garden (CCA) asserting one cause of action for breach of contract. On January 28, 2022, without any response having been filed to the original complaint, HERBL filed its first amended complaint (FAC) asserting 11 causes of action: (1) intentional misrepresentation; (2) negligent misrepresentation; (3) breach of contract; (4) breach of implied covenant of good...
2023.12.08 Demurrer 328
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.12.08
Excerpt: ...fendant shall file and serve its answer to plaintiffs' first amended complaint on or before December 28, 2023. Background: Plaintiffs Peter Jorgensen and Andrea Jorgensen (collectively, plaintiffs) filed their operative first amended complaint (FAC) in this matter on July 26, 2023. As alleged in the FAC: In 2018, plaintiffs purchased a home located at 5575 Somerset Drive in Goleta, California (the property). The City of Goleta (the City) has owne...
2023.12.08 Demurrer 768
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.12.08
Excerpt: ...er Properties, LLC ("JCP"), James Bradford Jellison, and Teresa M. Jellison. On June 5, 2023, plaintiff filed the operative first amended complaint ("FAC") setting forth causes of achon for negligence and premises liability. As alleged in the FAC: On May 30, 2022, Trejo was lawfully on the property located at 6505 Camino Carreta, in the City of Carpinteria, California 95204. (FAC, "1 5, 11. "Defendants requested that Plaintiff perform this danger...
2023.12.08 Demurrer, Motion to Strike 439
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.12.08
Excerpt: ...ntiff shall file and serve a first amended complaint on or before December 18, 2023. Background: This action arises out of the purchase of a vehicle manufactured by defendant General Motors, LLC (GM). As alleged in the complaint filed by plaintiff Thomas Schiferl on August 8, 2023: On September 16, 2020, plaintiff travelled to Bunnin Chevrolet in Santa Barbara, California, to acquire a safe and reliable electric vehicle that would be able to go a...
2023.12.08 Motion for Prejudgment Possession 436
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.12.08
Excerpt: ...LC, Goleta Self Storage Partners, LLC, Union Pacific Railroad Company, AT&T Corporation, AT&T Communications — East, Inc., Goleta Sanitary District, Thorofare Asset Based Lending Reit Fund V, LLC, and State of California Department of Transportation ("CalTrans"). As alleged in the complaint: "City seeks to acquire, by eminent domain, a Permanent Easement for public recreational trail purposes and an associated Temporary Construction Easement ov...
2023.12.08 Motions for Issue, Evidence, Monetary Sanctions 645
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.12.08
Excerpt: ...or plaintiff the verified declaration(s) of one or more persons with personal knowledge of the search for responsive documents stating affirmatively that a reasonable and diligent search has been conducted as to the specific category of documents for which a further response is required, and that the documents produced as identified to each specific category of documents consist of all documents responsive to the request except: (i) documents wit...
2023.11.17 Motion for Sanctions 295
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.11.17
Excerpt: ...e loss of the hard drives to the trier of fact. The court awards monetary sanctions in favor of plaintiff California State Lands Commission and against defendant and cross- complainant Signal Hill Service, Inc., in the amount of $13,200.W, to be paid to counsel for plaintiff on or before December 15, 2023. In all other respects the motion is denied. Background: On August 14, 2019, plaintiff State Lands Commission (Commission) filed its complaint ...
2023.11.17 Motion for Preliminary Approval of Class Action Settlement 849
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.11.17
Excerpt: ...urt at this time. Background: The first amended complaint (FAC) filed by plaintiff Joel Cummings in this matter on March 22, 2018, on behalf of himself and others similarly situated, alleges six causes of action against defendant Eureka Restaurant Group LLC: (1) failure to provide meal periods; (2) failure to provide rest periods; (3) unfair competition; (4) failure to provide accurate wage statements; (5) failure to pay all wages owed upon termi...
2023.11.17 Motion for Determination of Good Faith Settlement 517
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.11.17
Excerpt: ...agreement discussed herein together with the affidavit or declaration required by this ruling. (3) On or before November 29, 2023, Ply Gem shall file and serve a supplemental moving brief, if appropriate, in accordance with this ruling. (4) On or before December 6, 2023, Hayward shall file and serve its response to any supplemental brief that may be filed by Ply Gem in accordance with this ruling. (5) No party shall file any additional papers not...
2023.11.17 Motion for Attorney Fees 360
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.11.17
Excerpt: ... Josue Gamino, and Diego Rodriguez Garcia filed their original complaint in this achon against defendants R.J. Carroll & Sons, Inc. (RJ Carroll), and Stuart Carroll (collectively, defendants). On December 3, 2020, plaintiffs filed their operative pleading, the second amended complaint (SAC). The SAC asserts wages and hour, fraud, and health and safety claims against defendants. On January 12, 2021, defendants filed their answer to the SAC general...
2023.11.03 Petition to Compel Binding Arbitration and Stay 329
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.11.03
Excerpt: ...tt A. Jaske, Mark T. Coffn, PC For Defendants and Cross-complainants DS Infinity Holding Corp. and Daniel Starr: Lawrence J. Conlan, G. Michael Brelje, and Andrew J. Dickerson, Cap#llo & Noel LLP TENTATIVE RULING: The (motion) of plaintiff and cross-defendant Litchfield Builders and cross-defendants Stephan Litchfield and Tara Fergusson is granted in part and denied in part. The motion is granted to order to arbitration all claims in the first am...
2023.11.03 Motion to Quash Foreign Subpoena 245
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.11.03
Excerpt: ...P.C. For Defendant, Cross-complainant, and Cross-Defendant Brian M. Metcalf: Jason W. Wansor, R. Scott Mullen, Rogers, Sheffield & Campbell, LLP TENTATIVE RULING: For all reasons discussed herein, plaintiff's petition to quash is denied with the following conditions imposed by the court: 2. Except upon further order of the court, the shall be limited in time from the opening of the account in 2017, to March 29, 2021. This limitation is without pr...
2023.11.03 Motion for Summary Judgment 597
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.11.03
Excerpt: ... of plaintiff Jason Welsh for summary judgment is denied. Appearances are required at the case management conference to be conducted concurrently with the hearing on the motion for summary judgment, and the parties are to be prepared to discuss the issues identified herein at that conference. Background: On February 15, 2022, petitioner Jason Welsh filed his petition pursuant to Corporations Code section 17711.06 to determine the fair value of We...
2023.11.03 Motion for Leave to File SAC 412
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.11.03
Excerpt: ...and through the Department of Parks & Recreation: Rob Bonta, Christine E. Garske, Kelly T. Smith, Offce of the Attorney General of California TENTATIVE RULING: For all reasons discussed herein, the motion of plaintiff for leave to file a second amended complaint is granted. Plaintiff shall file and serve the second amended complaint, in the form attached to plaintiffs motion, on or before November g, 2023. Background: On June 27, 2022, plaintiff ...
2023.11.03 Demurrer, Motion to Strike 365
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.11.03
Excerpt: ...Koopmans and Lynda Koopmans: Jacob Lister and Tionna Dolin For Defendant Genera/ Motors, LLC: Ryan Kay and Mary Arens McBride TENTATIVE RULING: Defendant's demurrer to plaintiff's first amended complaint is overruled. Defendant's motion to strike punitive damages from plaintiff's first amended complaint is denied. Defendant shall file and serve an Answer to the first amended complaint no later than November 24, 2023. Background: This achon was co...
2023.11.03 Demurrer 757
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.11.03
Excerpt: ...ckground: Plaintiff's original complaint, filed April 21, 2023, named only Goleta Valley Cottage Hospital (GVCH) as a defendant, and set forth causes of action for professional negligence, medical battery, nonconsensual implantation of subcutaneous device (Civ. Code, S 52.7), and non-disclosure and fraudulent concealment. The complaint alleged that it is related to Santa Barbara Superior Court Case No. 1402957 (Richard L Cain v. Pueblo Radiology ...
2023.10.27 Petition to Confirm Arbitration 294
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.10.27
Excerpt: ...er. UCSB terminated Little for alleged violations of the UCSB Police Department Policy Manual. Little worked for the university of California from 2004 to 2007. He was then employed by the City of Santa Barbara Police Department until 2014, when he returned to the University of California Police Department. UCSB alleged that, among other violations, Little performed a simulated draw of his firearm against other police officers. He never actually ...
2023.10.27 Motion to Vacate Vexatious Litigant Status, for Change of Venue, Return Bond Deposit 146
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.10.27
Excerpt: ...nts, including Cottage Health Inc. (Cottage). Griggs' FAC sets forth a cause of action for professional negligence (medical malpractice). Griggs claims that on July 9, 2019, among other things, that she suffered an internal cystic rupture and received negligent care at Saint Ynez Cottage Hospital. (FAC, p. 4, II. 12-22.) Griggs states that she then went to Santa Barbara Cottage Hospital and again received negligent medical care. (FAC, p. 5, II. 9...

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