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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 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...
2024.05.17 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...
2024.05.10 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 ...
2024.05.10 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 ...
2024.05.03 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 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 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 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...
2024.04.19 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 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...

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