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2316 Results

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2022.12.20 Motion for Summary Judgment, Adjudication 972
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2022.12.20
Excerpt: ...y. According to the complaint, on January 27, 2019, Violette, who was apparently close to three years old, “grabbed” an unsecured and top heavy “wooden dresser” located on defendants' property, “which tipped over and onto [Violette] and severed her index and middle fingers on her right hand.” At the time of the incident, the piece of furniture was not “anchored, secured, or safely bolted within industry standards.” According to pl...
2022.12.20 Demurrer, Motion to Strike 628
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2022.12.20
Excerpt: ... as defendants (among others). On March 21, 2022, Brian Doyle filed a cross-complaint against Lawson Williams and Lloyd's of London, Syndicate Nos. 2623 and 623 (Lloyd's), alleging causes of action as a third- party beneficiary against Lloyd's for breach of contract and breach of the covenant of good faith and fair dealing. On May 5, 2022, Lawson Williams filed a cross-complaint against Veracity Insurance Solutions, LLC (dismissed 10/28/22), East...
2022.12.20 Motion for Final Approval of Class Action Settlement 801
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2022.12.20
Excerpt: ...98); (3) failure to provide meal periods (Lab. Code §§ 226.7, 512); (4) failure to authorize and permit rest breaks (Lab. Code §§ 226.7); (5) failure to timely pay final wages at termination (Lab. Code §§ 201-203); (6) failure to provide accurate itemized wage statements (Lab. Code § 226); and (7) Unfair Business Practices (Bus. & Prof. Code §§ 17200, et seq.).) Plaintiff filed a first amended complaint on November 6, 2020 and added a ca...
2022.12.19 Motion to Quash 825
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.12.19
Excerpt: ...ENTATIVE RULING: Defendant's unopposed motion is granted. Service of the summons on defendants as set forth in the proof of publication filed on October 7, 2022, is ordered quashed. Background: As alleged in plaintiff Shawn Mehdi Moattari's complaint filed on September 24, 2021, on October 2, 2019, plaintiff was walking inside a crosswalk on Ocean Road in Isla Vista, California. On that same date, defendant Ting Guo (Ting) was driving a vehicle e...
2022.12.19 Motion to Compel, for Protective Order 319
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.12.19
Excerpt: ...B. McCloskey, Jane Ray, Audrey Hendricks, Luke A. Schamel, Yetter Coleman LLP; Brian E. Klein, Melissa A. Meister, Waymaker LLP For Defendants Plains Pipeline, L.P., Plains All American Pipeline, L.P., Plains GP Holdings, L.P., Plains AAP, L.P., Plains All American GP LLC, and PAA GP LLC (case No. 18CV02504): Henry Weissmann, Daniel B. Levin, Grant A. Davis-Denny, Robyn K. Bacon, Jeremy A. Lawrence, Colin A. Devine, Shannon Galvin Aminirad, Abe D...
2022.12.19 Demurrer 479
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.12.19
Excerpt: ...C: Adam C. Rapaport TENTATIVE RULING: The demurrer of defendants Omar Khashen, PRJKT SB, Inc., Joseph Dies, and Square Escape, LLC, to the first amended complaint of plaintiff PRJKT Concessions Inc., is overruled. Defendants shall file and serve an answer to the first amended complaint no later than January 9, 2023. Background: Plaintiff PRJKT Concessions Inc. (PRJKT Concessions) filed its original complaint on April 18, 2022, setting forth cause...
2022.12.16 Motion for Summary Judgment, Adjudication 522
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.12.16
Excerpt: ...hments referenced therein. The Court, on its own Motion, takes judicial notice of the pleadings filed in this action, including the attachments to Plaintiff's verified Complaint, the Dutra Decl. filed October 6, 2022 in support of Plaintiff's prior Motion to Compel, including its attachments, and this Court's November 10, 2022 Order, pursuant to Cal. Evidence Code § 452(d). Plaintiff's Complaint alleges three causes of action (COA), all for fail...
2022.12.16 Demurrer 164
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.12.16
Excerpt: ...”) against defendants Mayda Hurtado and Jorge Hurtado, Sr. (collectively “the Hurtados”). The complaint lists numerous violations of the lease agreement. On November 3, 2022, the Hurtados filed this demurrer to plaintiff's complaint on the ground that the complaint does not state facts sufficient to constitute a cause of action because the termination notice “fails to advise defendants of their right to defend the action in court” pursu...
2022.12.16 Demurrer 792
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.12.16
Excerpt: ...nst defendant Peter Singer (Singer). As alleged in the complaint, Dawn and Singer met in 2002 at an animal rights conference. (Complaint, ¶ 14.) At the time, Singer was widely known as the “Father of the modern animal rights movement” and was also the head of the ethics department at Princeton University. (Id. at ¶¶ 1, 15, 132.) Dawn was accompanied to the conference and the initial meeting with Singer by her partner of three years with wh...
2022.12.16 Motion for Protective Order 462
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.12.16
Excerpt: ...motion to stay proceedings, responses to the outstanding requests for production of documents are due no later than March 10, 2023. Objections are not waived. (3) The motion is denied with respect to a protective order for all other potential discovery which has not yet been served. (4) Sanctions are not awarded in favor of or against any party. Background: This action was commenced on April 15, 2022, by Cynthia Anderson and Sidney Anderson (coll...
2022.12.16 Motion to Bifurcate SACC 161
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.12.16
Excerpt: ...(b); Grappo v. Coventry Financial Corp. (1991) 235 Cal.App.3d 496, 504. The moving parties seek a court order bifurcating and ordering separate trials of the Second Amended Complaint (SAC) and the Second Amended Cross‐Complaint (SACC). Having reviewed the parties' briefing and exercising its discretion, the Court declines to do so, for the reasons stated below. First, this is not a case in which, if bifurcation were ordered, the first trial wou...
2022.12.16 Motion to Compel Arbitration and Stay Action 254
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.12.16
Excerpt: ... not party to an arbitration agreement between purchaser and Dealer, when the Dealer brings a motion to compel arbitration. The Felisilda case does not, however, address the primary issue, which is whether the nonparty automobile manufacturer itself (rather than the Dealer) may bring a motion to compel arbitration. Ford cannot bring this motion. In Felisilda, the auto Dealer moved to compel arbitration. The court granted the motion, including the...
2022.12.16 Motion to Compel Further Responses 309
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.12.16
Excerpt: ...rther Responses to Requests for Production of Document is DENIED AS MOOT and the Request for Sanctions GRANTED. By this Motion, Plaintiff Banc of America Leasing & Capital, LLC (“BALC”) sought to compel the further responses of Defendant and Cross‐ Complainant St Giab Inc. (“SG”) to a set of requests for production propounded by BALC on December 8, 2021. After the Motion was filed, SG served verified amended responses along with a privi...
2022.12.16 Motion to Contest Good Faith Settlement 946
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.12.16
Excerpt: ...ntiffs Charles A. Newman and Elizabeth F. Newman's Second Amended Complaint (SAC) filed on October 10, 2022, the operative pleading, plaintiffs' home located in Montecito, California (the property) was extensively damaged in the 2017‐2018 Thomas Fire and ensuing mud and debris flows. (SAC, ¶¶ 1, 10‐13.) The Thomas Fire and debris flows caused smoke damage to the main house at the property, and destroyed a rental guest house and an office at...
2022.12.16 Motion to Strike 725
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.12.16
Excerpt: ...endant Jacquelin Capra on September 27, 2022. (Note: Court records reflect that the correct spelling of defendant's first name appears to be “Jacqueline”.) The action relates to property located at 318 West Valerio Street, Unit #1, in Santa Barbara, California (the premises). (Complaint, ¶ 3.a.) The complaint alleges that on January 28, 2021, defendant Capra entered into a written agreement with Pini's agent to rent the premises as a month�...
2022.12.13 Motion to Dismiss 188
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2022.12.13
Excerpt: ...“Order, Decision or Award” (hereafter ODA), awarding Rivera 1) $4,046.30 in unlawful deductions; 2) $904.83 in interest; and 3) $60,549 in waiting penalties. The ODA and “Notice of Payment Due” were served by mail on September 19, 2022. As permitted by Labor Code[1] section 98.2, American Pacific filed a “Notice of Appeal” with this court on October 24, 2022. On October 26, 2022, American Pacific filed an undertaking as an appeal bond...
2022.12.12 Motion to Quash Service of Summons and Complaint 968
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.12.12
Excerpt: ...mmons and complaint, filed by Marla J. Heasley, is denied. Ms. Heasley shall file an answer to the complaint by December 19, 2022. Background: This action was commenced on October 11, 2022, by the filing of the complaint for unlawful detainer by plaintiff John Whitehurst against defendant Marla J. Heasley. The complaint alleges non-payment of rent. Plaintiff hired a process server who made three unsuccessful attempts to serve defendant with, amon...
2022.12.12 Motion to Compel Arbitration 517
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.12.12
Excerpt: ...ousineau, Richard Lloyd, Cappello & Noel LLP For Defendants and Cross-Complainants Jeddediah Delmar Hazard and Mark Valdez Russell and Cross-Complainant Cal Green Medical, LLC: Joshua E. Lynn, Elizabeth A. O'Brien, Lynn & O'Brien, LLP TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiffs Santa Barbara Erudite Ventures and Cal Green Medical, LLC, to compel arbitration is denied. Background: (1) Underlying Dispute The followi...
2022.12.12 Motion for Summary Judgment 380
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.12.12
Excerpt: ...ine Mistretta: Self Represented TENTATIVE RULING: Plaintiff's motion is granted. Plaintiff shall submit a corrected judgment that conforms to the court's ruling and serve notice of this ruling on defendant at all known addresses. Background: Plaintiff American Express National Bank (American Express) filed its complaint in this matter on April 11, 2022, alleging one cause of action against defendant Catherine Mistretta (Mistretta) for common coun...
2022.12.12 Motion for Summary Judgment 359
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.12.12
Excerpt: ...eon Technologies Corporation: Vince M. Verde, Mark F. Lowell, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. For Defendant Craig Lemp: Catherine J. Swysen, Sanger Swysen & Dunkle TENTATIVE RULING: For the reasons set forth herein, the motion of defendants Raytheon Company and Raytheon Technologies Corporation for summary judgment or alternatively for summary adjudication is denied in its entirety. Background: On March 13, 2020, plaintiff Marcus G...
2022.12.12 Motion for Attorney Fees 591
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.12.12
Excerpt: ...Los Canoas Co. dba Construction Plumbing: Daniel E. Engel TENTATIVE RULING: For the reasons set forth below, the Motion of McCoy Electric Corporation's for Attorney Fees is granted. The court awards attorney fees in favor of McCoy Electric Company and against Annette Rubin and A. Stuart Rubin, jointly and severally, in the amount of $63,780.00. Background: This action arises out of a remodeling project at residential property located at 4347 Mari...
2022.12.12 Demurrer 320
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.12.12
Excerpt: ... and Cascade Funding Mortgage Trust-HB8 Melissa Robbins Coutts / Crystal R. Davieau of McCarthy & Holthus, LLP for defendant Quality Loan Service Corporation TENTATIVE RULING: The demurrer is sustained, with leave to amend, on the ground that Mr. Eggli has no standing to directly assert claims possessed by Christine Nyun-Han. Plaintiff Nyun-Han is granted leave to file a First Amended Complaint on or before February 6, 2023. Any such First Amende...
2022.12.09 Motion for Summary Judgment 133
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.12.09
Excerpt: ...ts Betty Dunbar (Dunbar) and Dennis A. Peterson (Peterson) (collectively, defendants or cross‐complainants) were served with the unlawful detainer complaint in early January 2019. They vacated the premises shortly thereafter, without having appeared in the unlawful detainer action. On March 24, 2020, Northern Trust filed a First Amended Complaint (FAC) seeking approximately $1 million in damages for breach of the lease. Dunbar and Peterson file...
2022.12.09 Motion for Consolidation 608
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.12.09
Excerpt: ...n Defendants' motor vehicles at the request of Defendant.” (Breach of Contract Complaint, First Cause of Action.) 2. 22CV01026 This action was originally filed on March 15, 2022, and a first amended complaint (FAC) was filed on July 25, 2022, by plaintiff Peter Kurrels (“Kurrels”) against Lund alleging breach of warranty of habitability, breach of warranty of quiet enjoyment, and negligence. Essentially, Kurrels alleges that he was a paying...
2022.12.09 Motion for Attorney Fees 591
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.12.09
Excerpt: ...es and costs, no later than December 22, 2022. Defendants Skylar Gauss and Aaron Gauss may file and serve an opposing brief no later than January 9, 2023. Saticoy may file and serve a reply brief no later than January 13, 2023 Background: This action was originally filed on March 25, 2019, by plaintiff Saticoy Development Company, LLC. (“Saticoy”) against Skylar L. Gauss, Skylar L. Gauss, as Trustee of the La Cumbre Ranch Living Trust dated J...
2022.12.05 Motion for Summary Judgment 598
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.12.05
Excerpt: ...Defendants Jock M. Sewall and J.M. Sewall & Associates: Louis R. Chao, Brian K. Stewart, Collins + Collins LLP TENTATIVE RULING: Defendant's motion is denied. Background: Plaintiffs Thadias B. King (Mr. King) and Terri S. King's (Mrs. King) (collectively, the Kings) complaint filed on February 11, 2021, alleges two causes of action for professional negligence and negligent misrepresentation against defendants J.M. Sewall & Associates (JMSA) and J...
2022.12.05 Motion for Judgment on the Pleadings 388
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.12.05
Excerpt: ...A. Barry Cappello, Wendy D. Welkom, Kenneth J. Melrose, Cappello & Noel LLP For Plaintiffs Hollister Ranch Owners' Association and The Hollister Ranch Cooperative: Beth A. Collins, Marcus S. Bird, Brownstein Hyatt Farber Schreck, LLP For Defendants California Coastal Commission and State Coastal Conservancy: Rob Bonta, Jamee Jordan Patterson, Mitchell Rische, Leena Sheet, Office of the California Attorney General For Defendant Intervenor Gaviota ...
2022.12.02 Motion to Strike 020
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.12.02
Excerpt: ...n paragraphs 37, at page 9, lines 1 to 2 (“Cross-Defendants' false accusations regarding Cross-Complainant have inhibited and impaired Cross-Complainant's use of his backyard.”), 44, at page 9, line 27, to page 10, line 2 (“Cross-Complainant contends that Cross-Defendants intentionally or recklessly defamed his character and reputation and did so with malice.”), 45, lines 5 to 7 (“Cross-Complainant desires a judicial determination of th...
2022.12.02 Motion to Compel Further Responses 360
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.12.02
Excerpt: ... on July 20, 2020, by plaintiffs Epifanio Armenta, Alex Garcia, Jose Albarran Hernandez, Josue Gamino, Manuel Hernandez, and Diego Rodriguez Garcia. Plaintiffs filed a first amended complaint (FAC) on September 10, 2020. On November 20, 2021, defendants' demurrer to the FAC was sustained with leave to amend. On December 3, 2020, plaintiffs filed the operative second amended complaint (SAC). The SAC names as defendants R.J. Carroll & Sons, Inc. (R...
2022.12.02 Motion to Compel Further Responses 044
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.12.02
Excerpt: ... further responses, without objection and in a form complying with the Code of Civil Procedure, on or before December 23, 2022. (2) Michael D'Alise shall provide a true and correct copy of the criminal protective order, referenced in his response to form interrogatory-general No. 2.5, to plaintiffs' counsel, on or before December 23, 2022. (3) Michael D'Alise shall provide proper, code compliant, verifications to his amended responses to request ...
2022.12.02 Motion to Allow Service by Publication 483
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.12.02
Excerpt: ...Mutual Automobile Insurance Company's (State Farm) complaint filed on February 3, 2021, alleges one cause of action for subrogation against defendant Diamond Finish Auto Body, Inc. (Diamond Finish). As alleged in the complaint, on May 15, 2018, Diamond Finish was hired to repair State Farm's insured's vehicle. In performing the repairs, Diamond Finish only replaced the negative terminal on the insured's electric car even though both terminals nee...
2022.12.02 Motion for Final Approval of Class Action Settlement 986
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.12.02
Excerpt: ...atters remaining for the court at this time. Background: On November 8, 2019, plaintiff Jorge Delgado, individually and on behalf of others similarly situated, filed a complaint against defendant SBBC Brewhouse, LLC, (Brewhouse) asserting causes of action for unpaid minimum and overtime wages, missed meal and rest breaks, violations of Labor Code sections 226 and 203, for unfair business practices under Business and Professions Code section 17200...
2022.12.02 Demurrer 597
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.12.02
Excerpt: ...n its Minute Order dated May 20, 2022, the court, noting that Corporations Code section 17711.06, subdivision (a), required the filing of a “complaint”, ordered the hearing on the petition off calendar as premature. On May 23, 2022, Welsh filed his complaint in this matter against defendants Fiore Management, LLC (Fiore) and Adrian Z. Sedlin (Sedlin), stating that two causes of action for breach of contract and violation of Corporations Code ...
2022.12.02 Motion to Transfer Case 626
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.12.02
Excerpt: ...eged in plaintiff Dennis Tegard's complaint filed on April 9, 2020, plaintiff began working as a security guard for defendant The Westmont College Foundation (Westmont) at Westmont's Santa Barbara campus in November 2017. (Complaint, ¶¶ 1, 6, 13.) Defendants William Boyd and Christopher Maes were plaintiff's supervisors at Westmont. (Id. at ¶¶ 3, 4.) (Note: The court will, where appropriate, refer to Westmont, Boyd, and Maes, collectively, as...
2022.11.30 Demurrer 773
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.11.30
Excerpt: ...e reasons set forth herein, the demurrer is sustained with leave to amend. Plaintiff shall file and serve his first amended complaint on or before December 30, 2022. Background Plaintiff David Matthew Kilrain filed his complaint on May 9, 2022, naming himself and Carrera Kilrain as plaintiffs and Dr. Steven Goss, DVM as the sole defendant. Following attempts to meet and confer regarding deficiencies in the complaint, Dr. Goss filed the present de...
2022.11.28 Motion to Vacate 958
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.11.28
Excerpt: ...Background: This case has a long and complex history. The current motion arises as a result of events which occurred in a much later related case, Aguila v. Pico Rivera First Mortgage Investors, LP, et al. (Santa Barbara Superior Court Case No. 22CV00464). In that case, the Settlement Agreement from which the stipulated judgment which defendant Aguila now seeks to vacate arose, played a central role. In its tentative ruling granting the Code of C...
2022.11.28 Motion to Compel Further Responses 109
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.11.28
Excerpt: ...genia Anaya Cortez: Clayton Lee and Tae Kim; Wilshire Law Firm For Defendant Daniel Baruch Bollag: Patrick J. Gibbs and Mark P. LaScola; Ford, Walker, Haggerty & Behar TENTATIVE RULING: For the reasons set forth herein, the motion to compel further responses to special interrogatories (set three) and request for sanctions is granted. Plaintiff shall serve verified responses to special interrogatories Nos. 37 and 38, without objections, on or befo...
2022.11.28 Motion for Protective Order, Demurrers, to Change Venue, to Quash 268
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.11.28
Excerpt: ...mpany and Fidelity National Financial, Inc. for order deeming Randy Quaid and Evgenia Quaid vexatious litigants, precluding them from filing further litigation in pro per, and requiring them to furnish security (3) Demurrer by Turicchi cross‐defendants to the Quaids' First Amended Cross‐Complaint (4) Demurrer by Fidelity National Financial, Inc. and Lawyers Title Company cross‐defendants to the Quaids' First Amended Cross‐Complaint (5) Mo...
2022.11.18 Motion for Judgment on the Pleadings 800
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.11.18
Excerpt: ...nt filed on December 26, 2019, on November 26, 2014, plaintiff entered into a written agreement with David Stephen Sorensen aka D. Stephen Sorensen aka Steve Sorensen (Mr. Sorensen), Mr. Sorensen and Shannon Sorensen (Ms. Sorensen) as Trustees of the Sorensen Trust dated July 29, 1991 (the Sorensen Trust), Esperer Holdings, LLC (Esperer LLC), Esperer Holdings Inc. dba Esperer Holdings LLC (Esperer Inc.), Robin Hill, LLC (Robin Hill), and SSST Hol...
2022.11.18 Motion to Expunge 198
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.11.18
Excerpt: ...ned upon the filing of an undertaking) only, the motion is denied without prejudice to the later bringing of a procedurally appropriate motion under section 405.33. The requests of all parties for an award of attorney fees and costs are denied. Background: As alleged in the operative pleading, the first amended complaint (FAC), of plaintiff Gabrielino‐Tongva Tribe (Tribe): On November 6, 2006, the Tribe filed a complaint against defendant Jonat...
2022.11.18 Motion to Compel Further Responses 077
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.11.18
Excerpt: ...ds. Herbl may redact any particularly sensitive information such as account numbers, tax identification numbers, or social security numbers that appear on the documents. 2. The motion is denied as to request No. 3. 3. The motion is denied as to requests No. 7 and No. 8. 4. The motion is granted as to requests No. 9 and No. 10. 5. The motion is denied as to requests No. 15 through 18. 6. To the extent that Herbl asserts an objection on the grounds...
2022.11.16 Motion to Transfer and Coordinate Case 700
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.11.16
Excerpt: ...n J. Boustani, Barnes & Thornburgh LLP No appearance for any other party in the related case RULING (1) For the reasons specified herein, the court finds that the transfer to this court of Orr, et al., v. Rosenthal, et al., Ventura County Superior Court case No. 56‐2022‐00569270‐CU‐BT‐VTA (the Derivative Action), now pending in the Ventura County Superior Court, will promote the ends of justice. The motion of Daniel Rosenthal, Steven Sc...
2022.11.14 Motion to Set Aside Dismissal 806
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.11.14
Excerpt: ... J. Boone, Carolyn S. Elliott, Kaden D. Byron, Nathalia A. Aguirre, Patenaude & Felix, A.P.C. For Defendant Christophe Rudder a/k/a Christopher S. Rudder: Self Represented For Defendant Kimberly A. Breed: No Appearance TENTATIVE RULING: Plaintiff's motion is granted, in part. The dismissal entered on July 31, 2018, shall be vacated and judgment in the amount of $9,033.86 shall be entered against defendant Christophe Rudder a/k/a Christopher S. Ru...
2022.11.14 Motion for Attorney Fees 591
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.11.14
Excerpt: ...ss Complainant The Los Canoas Co. dba Construction Plumbing: Daniel E. Engel TENTATIVE RULING: For the reasons set forth below, the Motion of The Los Canoas Co. dba Construction Plumbing for Attorney Fees is granted. The court awards attorney fees in favor of The Los Canoas Co. dba Construction Plumbing and against Annette Rubin and A. Stuart Rubin, jointly and severally, in the amount of $574,799.75. Background: This action arises out of a remod...
2022.11.14 Demurrers 616
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.11.14
Excerpt: ...ork, Inc. (3) Motion of Plaintiff to allow for discovery of evidence of the financial condition of defendants Mikki Reilly and Fitness Transform. ATTORNEYS: For Plaintiff Anne Fristoe, M.D.: Kevin Gerry, The Law Offices of Kevin Gerry For Defendants Mikki Reilly and Fitness Transform: Matthew Olufs, Law Offfice of Matthew Olufs For Defendant Financial Credit Network, Inc.: Gabe P. Wright, Trevor S. Locko, Hahn Loeser & Parks LLP TENTATIVE RULING:...
2022.11.07 Petition to Compel Arbitration 215
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.11.07
Excerpt: ...h, Smoak & Stewart, P.C. TENTATIVE RULING: Defendant's petition to compel arbitration is granted, in part. This matter shall be stayed in accordance with this ruling. Background: On January 19, 2022, plaintiff Cesar “Tito” Arriaza (Arriaza) filed a complaint alleging a single cause of action against defendant Birnam Wood Golf Club (Birnam Wood) under Labor Code section 2698, et seq. (the Private Attorneys General Act or PAGA). Arriaza contend...
2022.11.07 Motion to Consolidate Cases, to Compel Production of Docs 319
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.11.07
Excerpt: ...thy S. McConn, Tracy N. LeRoy, Wynn B. McCloskey, Jane Ray, Audrey Hendricks, Luke A. Schamel, Yetter Coleman LLP; Brian E. Klein, Melissa A. Meister, Waymaker LLP For Plaintiff California State Lands Commission (case No. 18CV02504): Rob Bonta, Brian D. Wesley, Matthew C. Heyn, Michael T. Zarro, Robert R. Willis, Office of the California Attorney General For Plaintiff Aspen American Insurance Company (case No. 18CV02504): David C. Veis, Laura Nas...
2022.11.07 Motion for Preliminary Injunction 320
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.11.07
Excerpt: ...Jarlath M. Curran II / Douglas C. Stastny of Severson & Werson for defendants PHH Mortgage Inc, and Cascade Funding Mortgage Trust ‐HB8 TENTATIVE RULING: The motion for preliminary injunction is denied. Background: On August 29, 2022, Paul Eggli (Eggli) filed the current action, allegedly as fiduciary for plaintiff Christine Nyun‐Han (Nyun‐Han), alleging four separate causes of action for trespass on the case against various defendants, inc...
2022.11.07 Demurrer 355
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.11.07
Excerpt: ... The demurrer of Benjamin Storck, to the cross‐complaint of Gina Hurley, is overruled. Benjamin Storck shall file an answer to the cross‐ complaint no later than November 22, 2022. Background: This action was commenced on June 22, 2022, by the filing of the complaint for constructive eviction and conversion by plaintiff Benjamin Storck against defendant Gina Hurley. The complaint alleges that plaintiff paid to defendant the amount of $16,500....
2022.11.04 Motions to Compel Further Responses 505
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.11.04
Excerpt: ...es and to production demand Nos. 1‐8 shall be made without the objections asserted by AECOM in its prior responses, given their complete failure to justify any of the objections in opposition to the motions. Responses shall be provided to production demand Nos. 9‐40 without any objections, which were waived by AECOM's failure to provide any timely responses to these requests. Sanctions of $7,500 will be awarded to RECON for each motion (for a...

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