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2019.7.10 Demurrer, Motion to Strike 203
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.7.10
Excerpt: ...nt on or before July 25, 2019. (2) Based on the disposition of the demurrer, the motion to strike of defendant The Parsons Group, Inc., is moot and is ordered off calendar. Background: As alleged in the first amended complaint (FAC): Plaintiff Teresa Vargas Perez was employed as a Caregiver at a residential care facility known as The Gables Ojai from at least 2006 to 2018. (FAC, ¶ 1.) Defendant The Parsons Group, Inc. (Parsons) is headquartered ...
2019.7.10 Demurrer 057
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.7.10
Excerpt: ...answer to the first amended cross-complaint on or before July 25, 2019. Background: (1) Allegations of First Amended Cross-Complaint of Alex M. DePaoli, Laura B. DePaoli, Michael L. Matkins, and Teryl S. Matkins Cross-defendant Westmont College (Westmont) is the owner of a parcel of real property that is referred to as the “Road Parcel,” which is used as a private road by other parties to this action. (First Amended Cross-Complaint [FACC], ¶...
2019.6.19 Motion to Strike Costs 772
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.6.19
Excerpt: ...d range of repairs and modifications for his 1964 Corvette, including brake and suspension work. Plaintiff paid defendant $5,000.00 towards the costs of the repairs and upgrades he wanted and left the car with defendant. Plaintiff contends that he told defendant that he had a budget of $35,000.00 for the work to be performed, but was ultimately charged over $57,000.00. Plaintiff contends that he never received written estimates for the labor and ...
2019.6.19 Motion to Compel Compliance with Deposition Subpoena, to Augment Expert Witness Designation 938
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.6.19
Excerpt: ...eposition to go forward on June 19 at 1:30 p.m. absent an express agreement among counsel for plaintiffs, counsel for defendant, and Powers. 2. Plaintiffs' Linea Polk and Shannon Morgan Polk's motion to augment/amend their expert witness designation is withdrawn and off calendar. 3. The court grants plaintiffs' Linea Polk and Shannon Morgan Polk's motion to strike defendant David Gerrity's supplemental declaration of expert witnesses and orders s...
2019.6.12 Motion to Compel Depositions 618
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.6.12
Excerpt: ...munication with La Cumbre Junior High School as to the purchase of the subject bottle of sulfuric acid; 4) PMK re: the distribution process of the subject bottle of sulfuric acid; and 5) PMK re: the subject incident. At the hearing, the court will ask the parties to agree to the dates, times, and places of the depositions. Absent an agreement, the court will set the dates, times, and places of the depositions. The court imposes a monetary sanctio...
2019.6.5 Motion to Vacate Voluntary Dismissal 261
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.6.5
Excerpt: ...demnation is pleaded against the City, and Plaintiffs' second cause of action for inverse condemnation is pleaded against the Fire Department. Defendants demur here to both causes of action on the grounds that the complaint does not state facts sufficient to state a cause of action for inverse condemnation against Defendants. Plaintiffs oppose the demurrer.1 Plaintiffs allege that on December 26, 2015, six buildings on two separate parcels were d...
2019.6.5 Motion to Disqualify Counsel 317
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.6.5
Excerpt: ...ghts Act, violation of the California Education Code, negligence, and negligent misrepresentation. Plaintiffs allege that they were sexually harassed and assaulted by defendant Caleb Alexander (“Alexander”), a fellow student, while they were all enrolled in the Master's of Psychology Program at defendant Pacifica Graduate Institute (“Pacifica”) during the 2016-2017 school year. Plaintiffs claim that when they reported Alexander's alleged ...
2019.6.5 Motion to Compel Answers at Deposition, for Protective Order 322
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.6.5
Excerpt: ...t objection, questions ##1, 2, 3, 5, 6, 7, and 9 in plaintiffs' separate statement and any reasonable follow up questions. Plaintiffs may also ask questions regarding employment records that have been subsequently produced. 3. The court grants plaintiffs Subiono Wasito and Enny Soenjoto's request for a monetary sanction. The court imposes a monetary sanction of $5,690, including attorney's fees and the $90 filing fee, payable on or before June 17...
2019.6.5 Motion for Attorney Fees 772
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.6.5
Excerpt: ...n or before June 28, 2019. Background: On December 21, 2016, plaintiff Dean Ventura filed his complaint in this action asserting four causes of action against defendants R&R Motorworks (R&R), Ralph Gold and Nancy Gold: (1) breach of contract; (2) fraud; (3) negligence; and, (4) violation of consumer protection statute. On January 31, 2017, defendants filed their answer to the complaint, generally denying the allegations thereof and asserting six ...
2019.5.29 Motion to Compel Further Answers 322
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.5.29
Excerpt: ...s, attorney Paul P. Tashnizi, in the amount of $2,090.00, to be paid to counsel for plaintiffs on or before June 13, 2019. In all other respects, including defendants' request for an award of monetary sanctions, the motion is denied. Background: On November 7, 2018, plaintiff Subiono Wasito served defendant Harry Kazali by electronic service with a first set of form interrogatories (W-FI) and a first set of special interrogatories (W-SI). (Malone...
2019.5.29 Motion to Compel Compliance with Subpoena 174
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.5.29
Excerpt: ...hew H. Conley, Henderson & Borgeson, in the amount of $1,000, to be paid to counsel for opposing parties on or before June 13, 2019. Background: Defendant Sandra Castellino, individually and as trustee of the Sandra Castellino Living Trust 1/29/15, issued a deposition subpoena for business records to third party deponent custodian of records for Joseph Migliore, D.C., on October 16, 2018. (Conley decl., exhibit A.) (Note: The exhibits to the movi...
2019.5.29 Motion for Sanctions 508
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.5.29
Excerpt: ... documents, set one, on or before June 12, 2019. BACKGROUND: This is an action for alleged breach of an insurance contract and bad faith. Plaintiff Jian Chen is the owner of residential property located at 361 Oliver Road, Santa Barbara, California 93109. At the time of the events in this case, plaintiff was insured under a homeowner's policy issued by defendant Interinsurance Exchange of the Automobile Club. The insurance policy covered plaintif...
2019.5.29 Motion for Protective Order 536
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.5.29
Excerpt: ...response to his removal, he filed a petition for writ of mandate seeking reinstatement as principal and all lost benefits arising from his removal from that position, combined with a complaint for (1) violation of 42 U.S.C. § 1983, alleging a violation of his liberty interest protected by the Due Process clause, and (2) unlawful retaliation in violation of Labor Code section 1102.5(c), for which he seeks compensatory and punitive damages. This C...
2019.5.29 Motion for Judgment on the Pleadings 871
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.5.29
Excerpt: ...fendant. The complaint sought damages of $3,525.09. Defendant filed his Answer on October 5, 2018, generally denying the allegations of the complaint. The Answer asserted affirmative defenses of latches, that any recovery should be denied based upon plaintiff's breach of the agreement, that the matter is subject to arbitration in lieu of litigation, that plaintiff has failed to mitigate its damages, and unjust enrichment. Plaintiff served request...
2019.5.22 Approval of Class Notice 104
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.5.22
Excerpt: ...ta, California. The property, an apartment building, is owned by defendant St. George & Associates. Plaintiff alleges that after he vacated his unit, defendant failed to return his security deposit within the time period specified by law and failed to provide a written accounting of all monies deducted from the deposit. On March 20, 2015, plaintiff filed his complaint on behalf of himself and all others similarly situated. On July 8, 2015, plaint...
2019.5.22 Demurrer 805
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.5.22
Excerpt: ...y of California improperly sanctioned him with a three-year post-graduation suspension. He contends that respondent issued improper administrative findings and decisions made by a single investigator without a live evidentiary hearing, without providing all the evidence and witness names, without any opportunity to question the complainant or adverse witnesses, and without providing any reasonable opportunity for petitioner to present a defense. ...
2019.5.15 Writ of Mandate 877
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.5.15
Excerpt: ...'s license at the time he was arrested on April 29, 2018 for driving under the influence of alcohol. At the time of his arrest, Mr. Graybill was served by the arresting officer with a notice of “administrative per se suspension/revocation order and temporary driver's license.” He sought an administrative hearing from the Department, and a stay of the suspension/revocation pending the determination of whether to set aside or reinstate the susp...
2019.5.15 Motion to Contest Good Faith Settlement 060
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.5.15
Excerpt: ...twalk, while unaware that the utility closet contained a high voltage transformer. In doing so, he drilled into the high voltage equipment, and sustained serious injuries and burns when the equipment exploded, he caught fire, and he fell off the ladder. Plaintiff filed his original complaint on July 12, 2017, against defendants Apeel Services, Inc. (Apeel), Southern California Edison, and Allergan Inc. (Allergan), alleging causes of action for st...
2019.5.15 Motion to Compel Responses 938
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.5.15
Excerpt: ...r before May 24, 2019. In the event that Gerrity does not by that date serve the verified statement of no claim regarding the absence of Gerrity's signature as discussed herein, then Gerrity shall also serve on or before May 24, 2019, copies of all responsive documents to request numbers 24, 25, and 26, redacted as permitted herein. Plaintiffs' request for an award of monetary sanctions is denied. Background: On February 23, 2018, plaintiffs Line...
2019.5.15 Motion to Amend Judgment 432
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.5.15
Excerpt: ... Municipal Court entered a default judgment for plaintiff Ford Motor Credit Company, transferee of Pacific Coast Ford, against Angelina Robles and Adrian J. Robles in the amount of $2,651.62. The judgment was renewed in 2003 and again on October 18, 2012, in the amount of $9,336.94. Motion: Plaintiff moves to amend the judgment to reflect two other names by which defendant Angelina Robles is known; to wit: Angelina Saracho and Angelina Robles-Sar...
2019.5.15 Demurrer, Motion to Strike 610
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.5.15
Excerpt: ...ne Lorenzo-Weeks's motion to strike portions of plaintiff Shawn Donnell Parker's first amended complaint. Background: On October 13, 2017, plaintiff Shawn Donnell Parker commenced this action. With leave of court, he filed a first amended complaint (“FAC”) on March 21, 2019. Parker alleges: On October 16, 2015, at approximately 1:20 p.m., Parker was driving his vehicle northbound on U.S. Hwy 101 in Ventura. [FAC ¶6] At the same time, defenda...
2019.5.15 Demurrer 163
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.5.15
Excerpt: ... California (People) filed their complaint in this action for injunction, civil penalties, and other equitable relief. The action is brought by the District Attorney of Santa Barbara County in the public interest pursuant to Business and Professions Code sections 17204 and 17206 and as requested by the Santa Barbara County Certified Unified Program Agency (CUPA) pursuant to Health and Safety Code sections 25182, 25299.02, and 25515.7. (Complaint,...
2019.5.8 Motion to Strike 879
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.5.8
Excerpt: ...bicycle east on Sueno Road approaching the intersection of Camino Pescadero on November 15, 2017. (Complaint, ¶ 8.) Seife stopped at the stop sign and looked to the left and right. (Ibid.) Defendant Sina Faravashi was driving south on Camino Pescadero at an unsafe speed. (Complaint, ¶ 12.) At the time Seife had reached roughly the middle of Camino Pescadero, Seife was hit by the vehicle driven by Faravashi, causing serious bodily injuries to Se...
2019.5.1 Writ of Mandate, Motions to File Under Seal 536
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.5.1
Excerpt: ...nd June 30, 2018, at which time he was removed as principal by the Santa Barbara Unified School District (District), and reassigned as a classroom teacher. In response to his removal as principal, Behrens on May 21, 2018, filed a verified petition for writ of mandate (Code Civ. Proc., § 1085) or alternative writ of mandate (Code Civ. Proc., § 1087), seeking reinstatement to his position as principal of SMHS and any back pay or benefits that wer...
2019.4.24 Motion to Vacate Dismissal and Enter Judgment by Stipulation 085
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.4.24
Excerpt: ...This is a collection action that plaintiff Wells Fargo Bank, N.A., filed against defendant Oscar Camacho. On November 18, 2016, the parties filed a Stipulation for Entry of Judgment and Settlement and Release & Dismissal of Action with Consent to Court Retaining Jurisdiction Pursuant to CCP § 664.6. The entered its order dismissing the action and retaining jurisdiction pursuant to CCP § 664.6. The stipulation provided for judgment in the amount...
2019.4.24 Motion to Vacate Dismissal 261
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.4.24
Excerpt: ...ndants HomePeople Corporation dba Romio and Tarik Sansal. The complaint alleges causes of action for breach of contract, money lent, money had and received, and promissory fraud. On October 28, 2015, counsel for the parties filed a notice reporting progress in settlement talks with the expectation of a forthcoming settlement agreement. On December 9, 2015, plaintiffs filed a request for dismissal of the complaint with prejudice. Dismissal was ent...
2019.4.17 Motion to File Under Seal 416
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.4.17
Excerpt: ... (2) the unredacted declaration of James P. Hart, Jr., lodged on March 8, 2019. Background: Plaintiffs Eric Gonzales and Diana Gonzales and defendant A&S Coldplaning entered into a stipulation, initially dated April 16, 2018, for the parties to arbitrate their claims subject to a maximum and minimum award to plaintiffs. (Hart decl., exhibit 1.) The maximum and minimum amounts are redacted from the public file version of the stipulation because th...
2019.4.17 Motion for Judgment on the Pleadings 837
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.4.17
Excerpt: ...or judgment on the pleadings is denied. Background: These are two consolidated actions. The lead case is 1998 Ampersand Aviation, LLC, etc. v. Esperer Holdings, Inc., case number 17CV04837. The lead case is consolidated with 1998 Ampersand Aviation, LLC, etc. v. Federal Express Corporation, case number 17CV04854 (the consolidated case). (1) Allegations of Plaintiff's Complaint in Lead Case The plaintiff in the lead case is “1998 Ampersand Aviat...
2019.4.17 Motion for Statutory Discharge, Fees and Costs and Deposit of Surplus Funds 101
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.4.17
Excerpt: ...t 1521½ Santa Rosa Avenue in Santa Barbara and plaintiff shall be entitled to an award of attorney fees and costs in the amount of $4,333.37. For convenience, plaintiff may deduct the award of fees and costs from the amount deposited, for a net deposit of $100,804.17. Background: Barrett Daffin Frappier Treder & Weiss, LLP, filed a complaint in interpleader for $105,137.54 in surplus proceeds not disbursed following the non-judicial foreclosure ...
2019.4.17 Motion to Strike Punitive Damage Allegations 678
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.4.17
Excerpt: ...d when she was sideswiped at a high rate of speed by a vehicle driven by defendant Douglas Harley. Defendant did not stop at the scene, but sped away. Plaintiff reported the incident and defendant was later stopped by police officers after they observed his vehicle drifting left to right on the roadway. After making contact with defendant, the officers noted that he had red, watery eyes. The officers also detected the smell of alcohol coming from...
2019.4.3 Motion to Compel 938
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.4.3
Excerpt: ...mination case. On January 1, 2013, plaintiff Linea Polk (“Linea”) and her daughter, plaintiff Shannon Polk (“Shannon”), began residing at 512 E. Victoria Street, Santa Barbara, California 93101 pursuant to a written lease agreement with defendant David W. Gerrity (“Gerrity”). Defendant Janette Smidt (“Smidt”) managed and supervised the property for Gerrity. In January 2017, defendants removed a portion of the roof of the unit to m...
2019.4.3 Motion for Summary Judgment 860
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.4.3
Excerpt: ...alth dba Santa Barbara Cottage Hospital, Inc.). The causes of action are medical negligence, medical battery (against Dr. Zerey only), and loss of consortium. Motion: SBCH moves for summary judgment. Plaintiffs have filed a notice of non-opposition to the motion. 1. Facts: The following facts are from SBCH's unopposed separate statement of undisputed material facts. In February 2014, Ms. Simmons presented to SBCH for a laparoscopic gastric bypass...
2019.4.3 Motion to Tax Costs, for Attorney Fees 510
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.4.3
Excerpt: ...endant and cross-complainants River Oaks Ranch & Vineyard, LLC, Hartb LLC, Glenn Hartman, and Colette Hartman, in the amount of $206,304.37. (2) For the reasons set forth herein, the motion of defendants and cross-complainants River Oaks Ranch & Vineyard, LLC, Hartb LLC, Glenn Hartman, and Colette Hartman for an award of attorney fees and reimbursement of litigation expenses is denied. (3) For the reasons set forth herein, the motion of plaintiff...
2019.3.27 Motion to Compel Further Responses 268
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.3.27
Excerpt: ...me. The court does not rule upon the sufficiency of the supplemental responses served after the filing of this motion. The court awards monetary sanctions in favor of the moving defendants and against plaintiffs Joseph F. Drum, Jr., and William Moody, and their counsel, Collins Ford LLP, jointly and severally, in the amount of $1,000 to be paid to counsel for the moving defendants on or before April 11, 2019. In all other respects the motion is d...
2019.3.27 Motion for Further Responses, for Protective Order 147
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.3.27
Excerpt: ...onses to special interrogatories, set one, Nos. 1, 2, 4, 6, and 20, and to form interrogatories, set one, Nos. 2.5, 3.4, 3.6, 6.2, 6.3, 6.4, 6.6, 9.1, 9.2, 10.1, 10.3, 12.6, and 17.1. In all other respects, including the parties' requests for awards of sanctions, the motion is denied. (2) As set forth herein, the motion of defendant Brenner to compel further responses to request for admissions is granted in part and denied in part. The motion is ...
2019.3.27 Demurrer 322
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.3.27
Excerpt: ...o state a cause of action. The demurrer is overruled as to the first cause of action. Cross-complainants shall file and serve their second amended cross-complaint on or before April 11, 2019. Background: As alleged in the first amended cross complaint (FACC): Cross-complainants Santy Kazali and Harry Kazali own and operate the Days Inn Santa Barbara, a hotel located at 116 Castillo Street in Santa Barbara (the Hotel). (FACC, ¶ 3.) In November 19...
2019.3.20 Demurrer 060
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.3.20
Excerpt: ... maintained, managed, and operated by defendants when he was burned by a high voltage cable explosion. On November 14, 2017, plaintiff filed an amendment to the complaint identifying defendant Daketta Los Carneros, LLC (Daketta) as defendant Doe 2. On December 13, 2017, plaintiff filed an amendment to the complaint identifying Los Carneros Opportunity, LP (Opportunity) as defendant Doe 6. After the demurrer by defendants Daketta and Opportunity w...
2019.3.20 Motion for Summary Judgment 689
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.3.20
Excerpt: ...ruling included a discussion of a procedural problem with the notice of motion filed on June 7, 2018. The court did not discuss the amended notice of motion filed on October 31, 2018, leaving the court's discussion of the notice issues incomplete. The hearing was continued to this date to address the amended notice. The discussion of these issues is set forth below. The motion is opposed by the Intervenors (representing Goss-Jewett's interest as ...
2019.3.20 Motion to Compel Compliance with Subpoena Duces Tecum 610
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.3.20
Excerpt: ...ive, the Court prefers to address such issues on demurrer or other appropriate motion. This action arises from a motor vehicle accident. While plaintiff's original complaint alleges that the accident occurred on October 16, 2017, that allegation was clearly a typographical error, as the complaint itself was filed 3 days prior to that date, on October 13, 2017. The complaint alleges that defendant's conduct was in violation of laws related to spee...
2019.3.20 Motion to Disqualify Counsel 268
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.3.20
Excerpt: ... management of Williston Financial Group, LLC, a nationwide title and escrow company established in 2009. Three of the defendants are Williston Financial Group, LLC, Williston Holdings, LLC, the parent company and sole owner of Williston Financial, and Patrick F. Stone, the CEO of Williston Financial and Williston Holdings. The other defendants are GGC Opportunity Fund Management, L.P., GGC Opportunity Fund Management GP, Ltd., and GGC Co-Invest ...
2019.3.20 Motion to Strike 266
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.3.20
Excerpt: ...cito Street, Santa Barbara, California 93103. In 2015, defendants helped plaintiff avoid foreclosure on $440,000.00 loan from Fidelity Mortgage Corporation by purchasing the Fidelity note. Defendants purchased the note to allow plaintiff to remain in good financial standing while it secured more permanent financing elsewhere. Defendants allegedly promised not to foreclose on the property and to allow plaintiff to continue using its facility unint...
2019.3.6 Demurrer, Motion to Strike 925
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.3.6
Excerpt: ...ot and the court orders it off calendar. As to plaintiff Joe F. Carrari, the court continues the hearing on the demurrer and motion to strike to March 20, 2016, to determine representation of Joe F. Carrari's interests in this case. Complaint and Background: On October 5, 2018, plaintiffs Joe F. Carrari, Sylvia Ramirez, Angelina Dettamanti, and J.P. Herrada filed their complaint for intentional tort against defendant County of Santa Barbara. Plai...
2019.3.6 Motion for Summary Judgment, Good Faith Settlement 689
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.3.6
Excerpt: ...ross-defendant 220 W. Gutierrez, LLC, for summary judgment is denied. (1) Motion for Determination of Good Faith Settlement Background: This action involves toxic contamination in and around property located at 220 W. Gutierrez Street, Santa Barbara. Plaintiff 220 W. Gutierrez, LLC, is the present owner of the property located at 220 W. Gutierrez Street (the Property or Site). (Till decl., ¶ 3.) Plaintiff and State of California Department of To...
2019.3.6 Motion to Compel Further Responses 052
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.3.6
Excerpt: ...amount of $1,940 to counsel for plaintiff-cross/defendant San Pasqual Fiduciary Trust Company on or before March 11, 2019. Background: On April 26, 2018, defendant Candis Houser propounded her requests for production of documents, set one, (RFP) on plaintiff San Pasqual Fiduciary Trust Company, as trustee of the Trust “B” (Bypass Trust) of the Wallin Family Trust (Trustee). On May 29, 2018, Trustee served verified responses to the RFP. The pa...
2019.3.6 Petition for Minor's, Disabled Person Compromise 232
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.3.6
Excerpt: ...e negligent in their diagnosis, examination and care and treatment of plaintiff Nicole McKernan. That negligence included negligent prenatal care and treatment, and failure to diagnose and treat preeclampsia. As a result of the negligence, Nicole McKernan suffered a seizure and permanent brain damage. The complaint named as defendants Santa Barbara Cottage Hospital, Heather Terbell, M.D., and Bonnie Dattel, M.D. After Dr. Terbell filed a motion f...
2019.2.27 Motion to Quash Service of Summons 163
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.2.27
Excerpt: ...ice, and the issue of whether service was properly accomplished at that time is not currently before the court. Background: This action for injunction, civil penalties, and equitable relief, was filed by the People on December 17, 2018. The action arises from underground storage tanks on property owned by defendants, and alleges defendants' violation of statutes and regulations related to the handling and management of hazardous materials and haz...
2019.2.27 Motion to Compel Further Responses 052
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.2.27
Excerpt: ... in the amount of $1,940 to counsel for plaintiff-cross/defendant San Pasqual Fiduciary Trust Company on or before March 11, 2019. Background: On April 26, 2018, defendant Candis Houser propounded her requests for production of documents, set one, (RFP) on plaintiff San Pasqual Fiduciary Trust Company, as trustee of the Trust “B” (Bypass Trust) of the Wallin Family Trust (Trustee). On May 29, 2018, Trustee served verified responses to the RFP...
2019.2.27 Motion for Judgment on the Pleadings 089
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.2.27
Excerpt: ...ommissioner wishes to assert the fourth, fifth, and sixth affirmative defenses, it shall filed an amended answer on or before March 11, 2019. Otherwise, the answer will stand without those three affirmative defenses. Background: On March 5, 2018, plaintiff National Family Solutions LLC (NFS) filed its unverified complaint for negligence against defendant State of California Labor Commissioner (Commissioner). NFS alleged: NFS was involved in a hea...
2019.2.27 Modification of Civil Harrassment Order 350
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.2.27
Excerpt: ...n. BACKGROUND: Plaintiff Anita Youabian (“Youabian”) is an employee of National Family Solutions, Inc. (“NFS”), a national organization that provides low cost legal and professional services for family law matters, including divorce, child custody, guardianships, and conservatorships. NFS's local office is located at 114 E. Haley Street, Suite C, Santa Barbara, California 93101. Defendant Alan Padley (“Padley”) worked as a salesman fo...
2019.2.27 Demurrer 060
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.2.27
Excerpt: ...iff Ryan Kaufman filed his original complaint in this action against defendants Apeel Services, Inc. (Apeel), Southern California Edison, and Allergan Inc. (Allergan). The complaint alleges that Kaufman was working on premises owned, maintained, managed, and operated by defendants, when he was burned by a high voltage cable explosion. (Complaint, ¶¶ Prem.L-2, GN-1.) On February 21, 2018, Kaufman filed an amendment to the complaint identifying d...

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