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2021.01.25 Motion for Attorney Fees 758
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.01.25
Excerpt: ... motion for attorney fees and orders that respondent Regents of the University of California pay John Doe's counsel $467,975. Background: On October 21, 2016, petitioner John Doe filed a petition and complaint for declaratory relief, peremptory writ of mandate, alternative writ of mandate, and injunction. On December 14, 2016, Doe filed a first amended petition and complaint (“FAP”), adding a cause of action for administrative mandamus. Doe n...
2021.01.25 Demurrer 603
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.01.25
Excerpt: ...to amend. Background: On November 2, 2020, plaintiff Laura J. Austin filed her complaint in unlawful detainer against defendant William C. Holmes. On February 2, 2019, pursuant to a written agreement, defendant rented from plaintiff property at 5688 Fiesta Drive in Carpinteria on a “year-to-year” tenancy. Pursuant to a 3-day notice to quit served on October 20, 2020, plaintiff terminated the tenancy for at-fault just cause as defined in Civil...
2021.01.25 Demurrers, Motion to Strike FAC 757
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.01.25
Excerpt: ...er of Defendant HUB International Insurance Services, Inc. ATTORNEYS: For Plaintiffs Dr. Jeffrey B. Panosian and Dr. Claire B. Panosian: Jerold Oshinsky, Tracy B. Rane, Kasowitz Benson Torres LLP; Patrick A. Hennessey, Palieri, Hennessey & Liefer LLP For Defendant Bristol Farms dba Lazy Acres Market (also erroneously sued as Bristol Farms, Inc.): Carl L. Grumer, Manatt, Phelps & Phillips, LLP For Defendant HUB International Insurance Services, In...
2021.01.11 Motion to Modify Injunctive Order 556
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.01.11
Excerpt: ...s iO73 Investments, Inc., Tristan Strauss, and Brian Casey to modify or dissolve the preliminary injunction. Background: This action arises out of the termination of plaintiff Jonas Svensson's employment by defendant iO73 Investments, Inc. (“iO73” or “the company”). Tristan Strauss and Brian Casey are also defendants. The causes of action in Svensson's first amended complaint (FAC) are: 1) breach of employment contract (against iO73), 2) ...
2021.01.11 Demurrer, Motion to Strike 321
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.01.11
Excerpt: ... for Production of Documents ATTORNEYS: Rebecca Brand, Plaintiff and Cross-Defendant, In Pro Per Jamie T. Hall for Defendants and Cross-Complainants Mimi Brand f/k/a Michael Alan Brand, Jr. and 1125 Veronica Springs Road, LLC TENTATIVE RULING: Plaintiff's demurrer to the fourth and seventh causes of action in defendant's first amended cross- complaint for trespass and harassment is sustained with leave to amend. In all other respects, plaintiff's...
2021.01.11 Demurrer 039
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.01.11
Excerpt: ...Living Management, LLC, Dorella Hospitality, Inc., and Max Combs: Erik McLain TENTATIVE RULING: The demurrer of defendants Pacifica Coast, LP, Pacifica Senior Living Management, LLC, and Max Combs is (1) sustained without leave to amend as to defendant Combs as to the first, second, and fourth causes of action, (2) is sustained with leave to amend as to defendant Pacifica Coast, LP, as to the first cause of action, and (3) is otherwise overruled....
2020.12.18 Motion to Disqualify Counsel 718
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.12.18
Excerpt: ...fornia ex rel. Ariel Pierre Calonne: Ariel Pierre Calonne, John S. Doimas, Office of the City Attorney: Matthew R. Silver, Rene L. Farjeat, Silver & Wright LLP For Defendants Dario L. Pini, D.L.P. Properties, Dario L. Pini, trustee of the Dario L. Pini Trust dated March 2, 2015, Nonnie Investments, LLC, 104 Las Aguajes, LLC, Alamar II, LLC, and Alamar III, LLC: Paul R. Burns, Solange D. Sanhueza, Law Offices of Paul R. Burns, P.C. The court took ...
2020.12.18 Motion for Attorney Fees 718
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.12.18
Excerpt: ...e Calonne: Ariel Pierre Calonne, John S. Doimas, Office of the City Attorney: Matthew R. Silver, Rene L. Farjeat, Silver & Wright LLP For Defendants Dario L. Pini, D.L.P. Properties, Dario L. Pini, trustee of the Dario L. Pini Trust dated March 2, 2015, Nonnie Investments, LLC, 104 Las Aguajes, LLC, Alamar II, LLC, and Alamar III, LLC: Paul R. Burns, Solange D. Sanhueza, Law Offices of Paul R. Burns, P.C. For Receiver William J. Hoffman and Cross...
2020.12.14 Demurrer, Motion to Strike 989
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.12.14
Excerpt: ...f Peter Newton filed his complaint against defendant Xpress Global Systems, LLC. The causes of action are general negligence and fraud. Plaintiff alleges: On July 16, 2020, during the course of a delivery, a semi-truck and trailer owned, operated, and/or engaged by defendant backed into a gate at property at 3429 Sea Ledge Lane in Santa Barbara. The gate and its operating system sustained damage requiring replacement at a cost of $28,270. Plainti...
2020.12.14 Demurrer, Motion to Strike 163
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.12.14
Excerpt: ...man ATTORNEYS: E. Patrick Morris for defendants and cross-complainants Summerland Market, Inc. and Elian Mtanous Hanna Mark. R. Wietstock for cross-defendant Sharon Kussman, trustee of the Rose T. Robertson Trust. TENTATIVE RULINGS: For the reasons explained below, the demurrer is overruled. Further, the motion to strike, made on identical grounds as those raised in the demurrer, was necessarily mooted by the Court's resolution of the demurrer. D...
2020.12.14 Application for Pre-Trial Writ of Possession 296
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.12.14
Excerpt: ...G: Plaintiff's application for a pre-trial writ of possession is granted as set forth herein. No undertaking shall be required of plaintiff. BACKGROUND: Plaintiff Strategic Health Services, LLC (SHS) is a limited liability company and the owner and operator of three residential substance abuse treatment facilities licensed by the California Department of Health Care Services (DHCS). The residential treatment facility located at 1151 Glenview Road...
2020.12.14 Motion for Preliminary Injunction 042
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.12.14
Excerpt: ...of the Montecristo #1 Living Trust UTD 9/24/2015, and Maricel Gabriela Hines, Individually and as Trustee of the Montecristo #2 Living Trust UTD 9/24/2015 Tara Radley for Defendant and Cross-Complainant Butterfly Lane Condominiums Homeowners' Association, Inc. Christopher E. Haskell for Defendants and Cross-Complainants Kevin Russell Nary, Laura Jean Nary, and Mary M. Mooney TENTATIVE RULING: The motion for preliminary injunction of defendant and...
2020.12.14 Motion for Terminating Sanctions 901
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.12.14
Excerpt: ...ons via ZOOM through Atkinson - Baker Court Reporters, on December 28, 2020 at 10:00a.m. (Bustillos) and 2:00p.m. (Stern). (This date and time may be adjusted to accommodate the parties' schedules at the hearing on this motion. However, after the hearing, the date will not be adjusted absent a court order.) The court continues plaintiff Shirley Jansen's motion for terminating sanction to January 11, 2021, at 10:00 a.m., via Zoom in Department 5. ...
2020.12.14 Motion to Compel Further Responses 596
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.12.14
Excerpt: ...nswers to Special Interrogatories and Request for Sanctions ATTORNEYS: Jeffrey Y. Choi for Plaintiff Alexandro Filippini Jill L. Friedman for Defendant Jean Avrick TENTATIVE RULING: Defendant's motion to compel further responses to Form Interrogatories, Set One, and defendant's motion to compel further responses to Special Interrogatories, Set One, are granted as set forth herein. Defendant is awarded monetary sanctions in the amount of $2,990.00...
2020.12.07 Motion to Compel Deposition 180
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.12.07
Excerpt: ..., LLP for defendants William Clinkenbeard / Cathy Anderson of Clinkenbeard, Ramsey, Spackman & Clark, LLP for third party witness Bryce Holderness, M.D. TENTATIVE RULING: The motion is denied. Background: This action was originally filed in August 2018 as a personal injury action, which arose from a fall by Melvin Hueston on defendant's premises in April 2018. It evolved into a wrongful death action upon the filing of the First Amended Complaint ...
2020.12.07 Motion for Protective Order 163
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.12.07
Excerpt: ...for Defendants Summerland Markets, Inc. and Elian Hanna TENTATIVE RULING: The motion for protective order of defendants Summerland Markets, Inc. and Elian Hanna is granted. No additional information or documents are required to be produced in response to the People's Demand for Inspection Nos. 7, 8, and 38. BACKGROUND: Plaintiff the People of the State of California (the “People”) bring this action for injunction and civil penalties against d...
2020.12.07 Demurrer 521
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.12.07
Excerpt: ...ncertainty and failure to state a cause of action. Plaintiff shall file and serve an amended complaint on or before December 17, 2020. BACKGROUND: This is an action for unlawful detainer. The subject premises are located at 5925 Birch Street, Unit 4, Carpinteria, California 93013. Plaintiff Bruce Bowers is the landlord and defendant Lyna Gruszynski, erroneously sued as Lena Gruszka, is the tenant. On August 3, 2020, plaintiff served on defendant ...
2020.11.16 Motion to Strike Portions of Complaint 214
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.11.16
Excerpt: ...opher E. Dawood, Deputy County Counsel Tentative Ruling: The court grants, in part, the motion of defendant County of Santa Barbara to strike portions of the complaint of plaintiffs Robert Kirsch, Joshua Lake, and Robert Garnica. The court orders ¶¶38 and 40 stricken from plaintiffs' complaint without leave to amend. The court denies the motion as to ¶41. Defendant County of Santa Barbara shall answer the remaining allegations of the complaint...
2020.11.16 Motion to Compel Arbitration 128
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.11.16
Excerpt: ...f defendants Synectic Systems, Inc. (SSI), and Paul Webb to compel arbitration. Background: Plaintiff John Roessler filed his complaint against defendants Synectic Systems, Inc. (SSI), and Paul Webb for 1) failure to pay earned wages, 2) breach of contract, 3) breach of the implied covenant of good faith and fair dealing, 4) unlawful retaliation, 5) wrongful termination in violation of public policy, 6) unfair competition, and 7) defamation. On O...
2020.11.16 Demurrer, Motion to Strike 587
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.11.16
Excerpt: ...irst Amended Complaint ATTORNEYS: Garry M. Tetalman for Plaintiff Nicholas Lewis, an individual and as Guardian Ad Litem for Plaintiff Philip Jaworski Barbara A. Carroll for Defendants Santa Barbara Cottage Hospital, Inc. and Cottage Health, Inc. TENTATIVE RULING: Defendants' demurrer to plaintiffs' first amended complaint is sustained as to plaintiff Nicholas Lewis without leave to amend for lack of standing. Defendants' demurrer to plaintiff Ph...
2020.11.09 Motion to Strike 867
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.11.09
Excerpt: ...For Defendant: Darryl C. Hottinger, et al. (Beach Cowdrey Jenkins – Oxnard) Tentative Ruling: The court grants defendants Community Arts Music Association of Santa Barbara, Inc., and Elizabeth Alvarez's motion to strike portions of plaintiff Jeffrey D. Everhard's amended complaint without leave to amend. Background: Plaintiff Jeffrey D. Everhard commenced this action on May 18, 2020. In his amended complaint (FAC) against Community Arts Music A...
2020.11.09 Motion to Quash Summons 961
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.11.09
Excerpt: ...s of John J. Thyne III Defendants Lawrence Marston and Jacqueline Marston aka Jacque Fowler: Nathaniel L. Marston TENTATIVE RULING: For the reasons set forth herein, the motion of defendants Lawrence Marston and Jacqueline Marston aka Jacque Fowler to quash service of summons is denied. Defendants shall file and serve their answer to the complaint on or before November 23, 2020. Background: As alleged in plaintiffs' complaint: Plaintiffs Block Fa...
2020.11.09 Motion for Trial Setting Preference 429
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.11.09
Excerpt: ...t: self represented Tentative Ruling: (1) The court grants, in part, plaintiffs David G. Bertrand and Dorothy Churchill-Johnson's Motion to Compel Responses to Supplemental Written Discovery, and Motion to Compel Deposition of Defendant Jessica Berry, and orders that, on or before November 23, 2020, defendant Jessica Barry shall serve answers to the supplemental interrogatories served in this case on July 27, 2020, without objections. The court d...
2020.11.09 Motion for Judgment on the Pleadings 051
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.11.09
Excerpt: ...'s motion for judgment on the pleadings is granted. The County of Santa Barbara's complaint in eminent domain is ordered conditionally dismissed to allow County to adopt a new Resolution of Necessity or to take other corrective action as needed. Defendant is awarded reasonable attorney's fees and costs of $47,495.75. BACKGROUND: In this eminent domain action, plaintiff County of Santa Barbara (“County”) seeks to acquire four easements on parc...
2020.11.09 Demurrer 821
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.11.09
Excerpt: ...homas Goodwin, and Judy Atkins: Russell Brown For Defendant City of Santa Barbara, Santa Barbara Police Department, and Santa Barbara Police Chief Lori Luhnow: Ariel Pierre Calonne, Tom R. Shapiro, John S. Doimas, Office of the City Attorney TENTATIVE RULING: For the reasons set forth herein, the special demurrer of defendants City of Santa Barbara, Santa Barbara Police Department, and Santa Barbara Police Chief Lori Luhnow to plaintiffs' complai...
2020.11.02 Demurrer 471
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.11.02
Excerpt: ...nt of plaintiff Housing Authority of the City of Santa Barbara for unlawful detainer without leave to amend. Background: On August 4, 2020, plaintiff Housing Authority of the City of Santa Barbara filed its complaint for unlawful detainer against defendants Adam Chapman and Zoe Chapman. (Sometimes plaintiff refers to Zoe Chapman in the complaint as Zoe Jones and that is how she is listed on the lease that is the subject of the action. Defendants'...
2020.11.02 Demurrer 391
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.11.02
Excerpt: ... overruled. Defendant shall file and serve its answer to the complaint on or before November 9, 2020. BACKGROUND: Plaintiff Roic California, LLC brings this action against defendant Ribco, Inc. dba Woody's BBQ for breach of a written lease agreement involving premises located at 5112 Hollister Avenue, Santa Barbara, California 93111. Plaintiff alleges that defendant breached the written lease agreement by failing and refusing to pay the rent and ...
2020.11.02 Motion to Strike 365
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.11.02
Excerpt: ...rike allegations regarding and the prayer for exemplary damages in plaintiff Valentina Martinez's complaint without leave to amend. Analysis: Complaint: Plaintiff Valentina Martinez, by the through her parent and guardian ad litem Elias Sanchez, filed her complaint on July 20, 2020. (The complaint lists only Martinez as a plaintiff, through her guardian ad litem. However, at places in the complaint, there are references to “plaintiffs,” refer...
2020.11.02 Demurrer 676
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.11.02
Excerpt: ...ayfetz's first amended complaint with leave to amend. First Amended Complaint (FAC): Plaintiff Janet Kayfetz filed her original complaint in this case on December 18, 2019. In her FAC for professional negligence and lack of informed consent, Kayfetz alleges: In January 2012, Dr. Michael Gunson recommended that Kayfetz go to Dr. Jeffrey McClendon for treatment of her dental issues. From that date forward, McClendon collaborated with Gunson in Guns...
2020.11.02 Demurrer, Motion to Strike 155
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.11.02
Excerpt: ...tiff Judith M. Jennifer L. Russell / Nicole A. Glassman / David J. Mendoza of Ford, Walker, Haggerty & Behar and Peter M. Wicetich of Hooman & Stone Attorneys for defendant Javier Jonathan Antunez Eve H. Korff / Alex Xilva Van Vo of Shaver, Korff & Castronovo LLP for defendant Esther Emiko Trejo Takembaiyee, in both cases TENTATIVE RULINGS: The Antunez demurrer is overruled as to the willful misconduct cause of action, sustained with leave to ame...
2020.11.02 Motion for Preliminary Injunction, OSC Re Preliminary Injunction 647
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.11.02
Excerpt: ...y, Trustees of the Nary Family Trust, Schedule C Separate Property dated March 28, 2012, and Mary M. Mooney, Trustee of the Mooney Trust dated June 4, 2010: Christopher E. Haskell, Emily B. Harrington, Price, Postel & Parma LLP For Defendants Maricel Gabriela Hines, individually and as Trustee of the Montecristo #2 Living Trust, UA dated September 24, 2015, and Hugo Roberto Garcia, individually and as Trustee of the Montecristo #1 Living Trust, U...
2020.10.26 Motion to Enforce Settlement 958
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.10.26
Excerpt: ...Rivera First Mortgage and Cross-Defendant Mortgage Co. of SB: Eric A. Woosley Defendant/Cross-Complainant Aguila: self represented Tentative Ruling: The court denies the motion of plaintiff/cross-defendant Pico Rivera First Mortgage Investors, LP, and cross- defendant Mortgage Company of Santa Barbara, Inc. to enforce settlement agreement pursuant to CCP § 664.6. Background: Plaintiff Pico Rivera First Mortgage Investors, LP (Pico), sued defenda...
2020.10.26 Motion for Sanctions, to Strike Complaint 429
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.10.26
Excerpt: ...TIVE RULING: Defendant Jessica Berry's motion for sanctions pursuant to Code of Civil Procedure Section 128.7 is denied. BACKGROUND: This is an action for (1) libel, (2) defamation per se, (3) intrusion, (4) intentional infliction of emotional distress, (5) unfair business practices, (6) elder abuse, (7) quantum meruit, and (8) unjust enrichment/restitution. Plaintiffs are David G. Bertrand (“Bertrand”) and his business manager, Dorothy Churc...
2020.10.26 Motion for Release of Certain Properties from Receivership, for Attorney Fees 718
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.10.26
Excerpt: ...torney Fees (3) Motion of Defendants for Award of Attorney Fees ATTORNEYS: For Plaintiff People of the State of California ex rel. Ariel Pierre Calonne: Ariel Pierre Calonne, John S. Doimas, Office of the City Attorney: Matthew R. Silver, Rene L. Farjeat, Silver & Wright LLP For Defendants Dario L. Pini, D.L.P. Properties, Dario L. Pini, trustee of the Dario L. Pini Trust dated March 2, 2015, Nonnie Investments, LLC, 104 Las Aguajes, LLC, Alamar ...
2020.10.26 Motion for Attorney Fees 138
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.10.26
Excerpt: ...s granted. Plaintiff is awarded attorney's fees and costs in the amount of $145,412.04. BACKGROUND: On December 23, 2016, Santa Barbara Community Bank entered into a loan transaction with borrower Ultimate Brands, Inc. for the principal sum of $653,466.27. The loan was documented by a promissory note executed by Ultimate Brands' president, defendant William Scott Griffiths (“Griffiths”). Concurrently with the execution of the note, Griffiths ...
2020.10.19 Motion for Terminating Sanctions 163
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.10.19
Excerpt: ...ompel ATTORNEYS: Christopher B. Dalbey, Deputy District Attorney, for Plaintiff the People of the State of California E. Patrick Morris for Defendants Summerland Market, Inc. and Elian Hanna TENTATIVE RULING: The court will grant the People's motion, as modified. Defendants Summerland Market, Inc. and Elian Hanna are ordered to provide further responses, without objections, to the People's form interrogatories and inspection demands, together wit...
2020.10.19 Motion for Summary Judgment, Adjudication 339
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.10.19
Excerpt: ... Choi (Snyder Burnett Egerer) For Defendant Meridian Group: Steve R. Belilove (Kaufman Dolowich & Voluck – Los Angeles) Tentative Ruling: The court denies the motion of defendant Meridian Group Real Estate Management, Inc. for summary judgment or, in the alternative, summary adjudication. Background: Plaintiff Filippini Wealth Management, Inc. leased commercial property located at 1165 Coast Village Road, Suite L, in Santa Barbara, pursuant to ...
2020.10.19 Motion for Protective Order 757
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.10.19
Excerpt: ...ristol Farms dba Lazy Acres Market Stephen P. Soskin for Defendant HUB International Insurance Services, Inc. TENTATIVE RULING: Plaintiff Dr. Jeffrey B. Panosian's motion for protective order is denied. BACKGROUND: This is a lease dispute involving insurance coverage. Plaintiffs Dr. Jeffrey B. Panosian and Dr. Claire B. Panosian are the owners of real property located at 302 Meigs Road, Santa Barbara, California, commonly known as Lazy Acres Mark...
2020.10.19 Demurrer 081
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.10.19
Excerpt: ...Office for defendants TENTATIVE RULING: The demurrer is sustained, in its entirety, without leave to amend Procedural Background: This action arises from the death of Heidi Swiacki, an ALS patient for whom plaintiff Wanda Nelson (Plaintiff or Nelson) was a caregiver. Nelson was indicted for Swiacki's murder by the grand jury, along with Swiacki's mother, Marjorie Good. She was ultimately convicted of the lesser offense of involuntary manslaughter...
2020.10.16 Motion to Disqualify Counsel 718
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.10.16
Excerpt: ... the court must consider the relative merits of the positions of the respective parties and make a determination of the probable outcome of the litigation. (Loeb & Loeb v. Beverly Glen Music (1985) 166 Cal.App.3d 1110, 1120.) Except where matters are specifically permitted to be shown upon information and belief, each affidavit or declaration must show that the affiant or declarant, if sworn as a witness, can testify competently to the facts stat...
2020.10.15 Motion for Summary Judgment, Adjudication 339
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.10.15
Excerpt: ... Choi (Snyder Burnett Egerer) For Defendant Meridian Group: Steve R. Belilove (Kaufman Dolowich & Voluck – Los Angeles) Tentative Ruling: The court denies the motion of defendant Meridian Group Real Estate Management, Inc. for summary judgment or, in the alternative, summary adjudication. Background: Plaintiff Filippini Wealth Management, Inc. leased commercial property located at 1165 Coast Village Road, Suite L, in Santa Barbara, pursuant to ...
2020.10.05 Motion to Stay 155
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.10.05
Excerpt: ... Peter M. Wucetich of Homan & Stone, Attorneys for defendant Javier Jonathan Antunez. TENTATIVE RULING: The motion is granted; defendant Antunez need not respond to pending discovery, and any future discovery propounded against Antunez in the case is stayed until further order of the court. If the criminal proceedings have not resolved within 6 months, the Court will reassess the propriety of this order. Plaintiff's request for sanctions is denie...
2020.10.05 Motion to Amend Order to Permit Discovery 319
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.10.05
Excerpt: ...ng Discovery into Plaintiff Sierra Saragosa's Sexual History (2) Motion of Defendant HMBL LLC to Compel Deposition of Third Party Witness Suzan Kirkland ATTORNEYS: For Plaintiff Isabel C., by and through Sandra N., her guardian ad litem, and Sierra Saragosa: Timothy C. Hale, Nye, Peabody, Stirling, Hale & Miller, LLP For Defendant Carpinteria Community Church: Thomas E. Beach Sueanne D. Chadbourne, Beach Cowdrey Jenkins, LLP For Defendant HMBL, L...
2020.10.05 Motion for Attorney Fees 976
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.10.05
Excerpt: ... for attorney's fees is granted. Defendant is awarded fees in the amount of $39,327.00. BACKGROUND: Plaintiff Grace Design Associates, Inc. (“GDA”) is a landscape design firm. Defendant Mark T. Coffin (“Coffin”) is an attorney. In September 2010, GDA and Coffin entered into a written contract by which Coffin agreed to provide legal and business services to GDA, including reviewing and revising its existing design and construction contract...
2020.09.28 Motion to Strike 969
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.09.28
Excerpt: ...l, Nussbaum & Polakov For Defendant Daniel Stawiecki: Scott L. MacDonald, Ivette Kincaid, MacDonald & Cody, LLP For Defendant Manifest Building, Inc., dba Ecolawn SB: Darren W. Epps, Epps & Gilroy LLP TENTATIVE RULING: The motion of defendant Daniel Stawiecki to strike portions of plaintiffs' complaint is denied. Defendant Stawiecki shall file and serve his answer to the complaint on or before October 13, 2020. Background: As alleged in plaintiff...
2020.09.28 Motion for Good Faith Settlement 753
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.09.28
Excerpt: ...chis Balcazar: Brian Chase, Scott Ritsema, Bisnar Chase; Hussein A. Chahine, Chahine Law, APC For Defendants Pantoja Truckline, Inc., Fresh Express & Logistics, Inc., Noe Santos Garza, David Ancelmo Patoja Ortiz, Jesus Pantoja, and Rebecca Pantoja: Jerri L. Johnson, Natasha A. Kader, Acker & Whipple For Defendant Ford Motor Company: Daniel S. Rodman, Sara G. Odegaard, Chariese R. Solorio, Snell & Wilmer LLP; Mary Quinn Cooper, Andrew L. Richardso...
2020.09.28 Demurrer 638
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.09.28
Excerpt: ...s overruled in its entirety. Defendants are directed to file their answer to the FAC on or before October 8, 2020. Background: Plaintiff Normal Colavincenzo (Colavincenzo) filed this action on February 4, 2020. His operative First Amended Complaint (FAC), filed June 9, 2020, alleges causes of action for (1) violation of Labor Code section 970, and (2) fraud by false promise. It names as defendants ShelterBox USA, Inc. (ShelterBox), a Florida corp...
2020.09.14 Motion for Preference in Setting Trial 207
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.09.14
Excerpt: ...or defendant John Kenney Construction, Inc. George Knopfler of Hamrick & Evans LLP for defendant Big Red Crane Company, Inc. TENTATIVE RULING: The motion is granted, and this action is set for ta Case Management Conference on January 19, 2021, the date that the case would otherwise be entitled for preferential commencement of trial, with the understanding that it will not go forward on that date, but will be set in accordance with rules governing...
2020.09.14 Demurrer, Motion to Strike 967
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.09.14
Excerpt: ... First Amended Complaint ATTORNEYS: Gary Ho for Plaintiff Sebastian Gupta Nina J. Kim for Defendant Mazda Motor of America, Inc. TENTATIVE RULING: Defendant's demurrer to plaintiff's third and fourth causes of action for breach of implied warranty under the Song-Beverly Consumer Warranty Act and unjust enrichment is sustained without leave to amend. As to plaintiff's remaining claims, defendant's demurrer is overruled. Defendant's motion to strik...
2020.08.31 Motion to Transfer Venue 486
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.08.31
Excerpt: ...urk & Burk For Defendants Richard Acosta, Eric Clarke, Inception Altanova Sponsor LLC, Inception Altanova LLC, and Altanova, LLC aka Raia Altanova LLC: James L. Greeley, Alexander R. Safyan, VGC, LLP For Defendants Michael Steinberg and Zevo Drive Holdings, LLC: Michael V. Mancini, John V. Shenk, Lilit Mkrtchyan, Mancini Shenk LLP TENTATIVE RULING: For the reasons set forth herein, the motion of defendants Richard Acosta, Eric Clarke, Inception A...

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