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2021.02.09 Demurrer 962
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.02.09
Excerpt: ... dba L.A. Care Health Plan Email addresses: [email protected]; [email protected];[email protected]; [email protected]; [email protected]; [email protected]; [email protected] ISSUE Demurrer to First Amended Complaint RULING For the reasons set forth herein relating to plaintiff's failure to allege compliance, or excuse from compliance, with the mandatory claim presentation requirements, defendant's demurrer to plaintiff's first amended c...
2021.02.05 Motions for Good Faith Settlement 894
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.02.05
Excerpt: ...Code of Civil Procedure section 877 and 877.6. The Clerk of the Court is ordered to permanently delete the Declaration of Andrew Waugh lodged provisionally under seal with the court on January 21, 2021, from the court's electronic record as provided by California Rules of Court, rule 2.551(b)(6)(2). Background: On November 4, 2019, plaintiffs Jenny Belforte and Todd Belforte, individually and as guardians ad litem for John Doe and James Doe, file...
2021.02.05 Motion to Compel Further Responses 954
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.02.05
Excerpt: ...related material for defendant Greg Smorodinsky pursuant to Evid. Code §§ 1043 and 1045. Defendant Regents of the University of California shall, on or before February 19, 2021, produce to the court, for in camera review pursuant to Evid. Code § 1045(b) and (c), information in the personnel file of Greg Smorodinsky and other records that include all complaints and disciplinary documents from 2015 to present relating to complaints against Smoro...
2021.02.05 Motion to Compel Further Responses 820
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.02.05
Excerpt: ...nt at real property located at 6606-6608 Del Playa, Isla Vista, California (the “Property”). The Property is owned by defendant Ronald L. Wolfe and Associates Incorporated. Plaintiff's tenancy at the Property was pursuant to a written lease. Plaintiff alleges that he was served with a termination notice that did not contain the required information under Civil Code Section 1950.5 relating to abandoned personal property. Plaintiff left persona...
2021.02.05 Motions to Compel Further Responses 429
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.02.05
Excerpt: ... responses to requests for production and to produce documents (set two) and motion to compel both defendants to provide further responses to special interrogatories, which are actually four motions, to February 26, 2021, at 10:00 a.m. On or before February 11, 2021, plaintiff shall pay two additional filing fees to have the motions heard or shall withdraw one of the motions, which is actually two motions. Plaintiff shall file a notice with the c...
2021.02.02 Demurrers 299
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.02.02
Excerpt: ...homas & Engbloom Law Group LLP For Defendant CBIZ, Inc.: Sean P. Nalty, Jenny H. Wang, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected] ISSUE (1) Demurrer of Defendants Michael Corrigan and Corrigan & Company to Second Amended Complaint (2) Demurrer of Defendant CBIZ to Second Amended Complaint RULINGS (1) For the reasons se...
2021.02.02 Demurrer 889
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.02.02
Excerpt: ...nz's 1 st Cause of Action for Defamation in the Cross-Complaint be sustained? Ruling Barnett's demurrer is sustained as set forth below. Barnett's answer to the Cross-Complaint [2 nd Cause of Action] is due February 19, 2021. The CMC set for 8:30 am will be called at the 10 am calendar with the L&M matter. ANALYSIS The Demurrer Filed 10/5/20; sets out two counts: (1) Defamation, and (2) Breach of Contract. The demurrer is to the First Cause of Ac...
2021.02.02 Demurrer 729
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2021.02.02
Excerpt: ...to her supervisor and to an additional supervisor in or around June 2017. Elkhorn did not rehire plaintiff after her second season of employment despite otherwise satisfactory work performance. Her complaint was filed on August 25, 2020, and alleged the following causes of action: (1) sexual harassment in violation of FEHA; and (2) retaliation in violation of FEHA. Defendant filed its demurrer on December 30, 2020, arguing that plaintiff had fail...
2021.02.02 Motion for Evidence and Issue Preclusion Sanctions or to Compel 837
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.02.02
Excerpt: ...w.com; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] ISSUE Motion for Evidence and Issue Preclusion Sanctions or, in the Alternative, to Compel Further Discovery Responses. RULING The motion of defendant Esperer Holdings, Inc. for issue or evidence sanctions or to compel plaintiff 1998 Ampersand Aviation, LLC to provide further discovery responses is denied. BACKGROUND In these con...
2021.02.02 Motion to Compel Compliance, or in Evidentiary Sanctions 992
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.02.02
Excerpt: ...om; [email protected]; [email protected]; [email protected]; [email protected] Issue Pacific Diagnostic's Motion to Compel Compliance or, in the Alternative, Motion for Evidentiary Sanctions; and Request for Monetary Sanctions Ruling The Court denies Pacific Diagnostic's motion to compel compliance or, in the alternative, motion for evidentiary sanctions and request for monetary sanctions. Background This is ...
2021.02.02 Motion to Recover Stock Certificates 106
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.02.02
Excerpt: ...ssue Parrish's Motion to Recover Stock Certificates Ruling The motion is DENIED. The Court will not accept Parrish's invitation to exercise its equit a a certificate of sale issue for the Avenatti Certificates; that the Doppio Certificate is declar that the Doppio Certificate be re-issued in Parrish's name with appropriate credit given t o Parrish. Analysis The case was last on calendar on 1/5/21; it was continued to 2/2/21 so that Parrish could ...
2021.02.01 Motion to Quash Service of Summons 676
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.02.01
Excerpt: ...efendant Jeffrey McClendon, D.M.D. Catherine Hall for Defendant Michael Gunson, M.D., D.D.S. TENTATIVE RULING: The motion of defendant Jeffrey McClendon, D.M.D., to quash service of the summons and operative complaint and dismissing him from the case is granted for lack of personal jurisdiction BACKGROUND: This is an action for alleged professional negligence and lack of informed consent. Plaintiff is Janet Kayfetz, a resident of Santa Barbara, C...
2021.02.01 Demurrer 539
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.02.01
Excerpt: ...r based upon the statute of limitations defense is overruled as to the financial elder abuse, quiet title, and unfair business practices causes of action. The general demurrer is sustained, with leave to amend, as to the third cause of action for fraud. Plaintiff may file an amended complaint on or before February 16, 2021. Background: Plaintiff's verified complaint, filed October 27, 2020, alleges causes of action for (1) financial elder abuse, ...
2021.01.29 Motion for Summary Judgment 727
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.01.29
Excerpt: ...age on May 23, 2014, in Isla Vista, California, perpetrated by Elliot Rodger, who killed six people and injured fourteen others before committing suicide. Three of Rodger's victims were killed inside the Capri Apartments located at 6598 Seville Road in Isla Vista. On November 20, 2015, the heirs of the three victims killed inside the Capri Apartments filed a wrongful death action entitled Junan Chen, et al. v. Hi Desert Mobile Home Park, L.P., et...
2021.01.29 Motion for Protective Order 955
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.01.29
Excerpt: ...orsche 911 Carrera S. Cabriolet from defendant Desert European Motorcars, Ltd (“DEM”) in 2013. Defendants Wayne Bernstein, Shad Scheussler, and Larry Py all worked for DEM as salespersons or managers at the time of the sale. Defendant AmTrust Financial Services, Inc. (“AmTrust”) is the parent company of the surety that issued a performance bond to DEM. Plaintiff alleges that DEM conspired with defendant Porsche Cars North America (“PCNA...
2021.01.29 Motion for Leave to File SAC 772
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.01.29
Excerpt: ...ent, Inc. (Serena), the predecessor in interest of plaintiff Casa Blanca Beach Estate Owners' Association (Casa Blanca) offered to dedicate to defendant County of Santa Barbara (County) a lateral access easement five feet in width as shown on the lateral access easement exhibit map dated May 23, 1990. The OTD was a condition of approval of the Casa Blanca Final Development Plan permitting the construction of eight residences and a common area lot...
2021.01.29 Demurrers, Motion to Strike 591
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.01.29
Excerpt: ...Family Trust. B. The court overrules defendant Skylar L. Gauss's demurrer to plaintiffs' second amended complaint. C. The court grants, in part, defendant Skylar L. Gauss's motion to strike portions of plaintiffs' second amended complaint. The court grants the motion to strike from the SAC the words “an exclusive” from ¶77; and the words “had exclusive possession and use of all water flowing to Subject Spring” in ¶111, without leave to ...
2021.01.26 Motion to Compel Further Responses 458
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.01.26
Excerpt: ...rus Khosh-Chasm For Defendant Rucker [“Rucker”]: Darren W. Epps Discovery Referee [“DR”]: R. A. Carrington Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Issue Dungey's motion to compel SBCC to respond further, without objections, to Special Interrogatory No. 33, and for sanctions. Ruling Dun...
2021.01.26 Motion for Summary Judgment 869
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2021.01.26
Excerpt: ...and amends a “Digest of Laws,” including its Constitution, By-Laws, Articles of Incorporation, and Grange Laws and Usage, all of which are binding upon all constituent units and individual members of the Order, including Subordinate Granges. A State Grange is subordinate to the National Grange. Each State Grange adopts and amends its own rules, which may not conflict with the Digest of Law and which are binding upon all members of the State G...
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 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...
2021.01.25 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 Motion for Summary Judgment 344
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.01.25
Excerpt: ...udgment on the pleadings with respect to the non-statutory causes of action against the City is granted, without leave to amend. The motion for summary judgment on the cause of action for dangerous condition of public property is denied. Background: Plaintiff's complaint, filed May 2, 2019, alleges three causes of action against the City of Santa Barbara and Doe defendants, including negligence, willful failure to warn, and dangerous condition of...
2021.01.25 Motion to Lift Stay 586
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.01.25
Excerpt: ...TENTATIVE RULING: Motion of plaintiff Reyes for order lifting the stay of the case is granted. BACKGROUND: This is a whistleblower protection case. Plaintiff Jonathan Lee Reyes is employed by defendant The Regents of the University of California (“Regents”) as a police officer at the University of California at Santa Barbara Police Department (“UCSB-PD”). Plaintiff worked for UCSB-PD from August 2000 to September 2004 and from June 2015 t...
2021.01.25 Motion for Summary Judgment 531
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.01.25
Excerpt: ...ATIVE RULING: The motion for summary judgment by defendant Santa Barbara Cottage Hospital is granted. Judgment shall be entered in favor of defendant and against plaintiffs. BACKGROUND: This is an action for alleged medical negligence and loss of consortium. On January 30, 2015, plaintiff Michael Franklin, then 37 years of age, underwent a microdiscectomy to correct a herniated disc in his low back. The surgery was performed by defendant John Par...
2021.01.22 Motions to Compel Production of Docs and Requests for Admissions 857
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.01.22
Excerpt: ...interrogatories, form interrogatories, requests for production of documents, and requests for admission. The motion is in all other respects denied. The denial of monetary sanctions in each motion is without prejudice to asserting a claim for monetary sanctions in a subsequent motion arising out of the same discovery at issue in these motions, which claim includes attorney fees and costs sought in these motions. Background: On February 14, 2019, ...
2021.01.22 Motion for Consolidation 637
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.01.22
Excerpt: ...nt Royal & Sun Alliance Ins. PLC (Royal & Sun) to cover the mother plants at the facility. It obtained commercial property, business personal property, and business income insurance from defendant National Fire & Marine Ins. Co. (National Fire) As it described the business in the two actions, Start operated a large-scale cannabis nursery which grew mother plants, clones, and teens. Fresh tips from mother plan branches were nurtured for up to 30 d...
2021.01.21 Motions for Good Faith Settlement 894
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.01.21
Excerpt: ...nically) file or lodge provisionally under seal the confidential non-monetary terms of the settlement for the court's review on or before January 29, 2021. Background: On November 4, 2019, plaintiffs Jenny Belforte and Todd Belforte, individually and as guardians ad litem for John Doe and James Doe, filed their original complaint in this action against defendants The Regents of the University of California (Regents), Kesem, Andrew Waugh, Courtney...
2021.01.21 Motion to Compel Further Responses, for Protective Order 866
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.01.21
Excerpt: ...sts for Production ## 4, 6-10, 28, and 29, with employee identification and contact information redacted. The court orders defendant to provide a further response to Request for Production #5, on or before March 15, 2021, with names and contact information for Covered Employees who did not opt out after the procedure set forth in this ruling. Background: Plaintiff Jack Chavez brings this putative wage and hour class action against defendant Anaca...
2021.01.21 Demurrer 683
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.01.21
Excerpt: ...ondominium—4700 Sandyland, Unit 24, in Carpinteria. The lease was for a six-month term and monthly rent was $1,500. The lease provided that, if defendant held over after expiration of the lease term, a month-to-month tenancy would be created at a monthly rent of $3,500 per month. Plaintiff alleges: The tenancy is not subject to the Tenant Protection Act of 2019 (Civil Code § 1946.2) (“TPA”). On October 7, 2020, plaintiff served defendant w...
2021.01.19 Demurrer, Motion to Strike 489
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2021.01.19
Excerpt: ...ubdivision (e), which prevents a homeowner association from prohibiting display of a political campaign sign; as well as violations of the Quail Meadow East Community Guidelines, 13.3 and 13.6 (hereafter, Guidelines); 2) in the second, a claimed violation of the Unruh Act pursuant to Civil Code section 51, et seq.; and 3) in the third, a claimed violation of Fair Employment and Housing Act (FEHA) pursuant to Government Code section 12955.8, by co...
2021.01.12 Demurrer, Motion to Strike 701
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2021.01.12
Excerpt: ...e Nuns lived on the Ranch, and acted as agents for defendants and generally oversaw its management. V. Torres started living and working on the Lompoc Ranch on January 23, 2015. V. Torres Jr. started working on the Ranch in approximately February 2015 and started living on the Lompoc Ranch in approximately June of 2015. They constructed and repaired buildings and systems, performed maintenance, tended livestock, oversaw agricultural lands, and ge...
2021.01.12 Demurrer, Motion to Amend Complaint 265
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.01.12
Excerpt: ...r L. Rosing, Benjamin C. Wohlfeil, Christopher M. Milas, Klinedinst PC Emails: [email protected]; [email protected];[email protected]; [email protected] RULINGS: (1) For the reasons set forth herein, plaintiffs' motion for leave to file an eighth amended complaint is granted. On or before January 27, 2021, plaintiffs shall file and serve their amended complaint substantially in the form of the proposed eighth amended complain...
2021.01.12 Demurrer, Motion to Strike 225
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2021.01.12
Excerpt: ...), and declaratory relief. In 2000, Lompoc and District entered into an “Annexation Agreement” in which the District would provide water and wastewater services to the residences (at that point undeveloped) that were part of the “Burton Ranch Project” (hereafter, the project). According to the first amended complaint, the project “is now at the point where water and wastewater services are needed[,]” and District does not have “and ...
2021.01.12 Demurrer, Motion to Strike 962
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.01.12
Excerpt: ...ristopher Lee and New Standard Construction, Inc. Emails: [email protected]; [email protected]; [email protected] RULING: The demurrer is overruled as to the negligence, nuisance, and intentional infliction of emotional distress causes of action, and sustained as to the breach of CC&Rs cause of action, and as to the complaint as a whole with respect to Patti Walters as an individual. The Court will allow plaintiff leave to file a First Amended Com...
2021.01.12 Motion for Preliminary Injunction 386
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.01.12
Excerpt: ...ficates, Series 2007-B Emails: [email protected]; [email protected] RULINGS: 1. Plaintiff's motion for preliminary injunction is granted. Defendants are enjoined from foreclosing on plaintiff's residence pending completion of this action or further order of the court. As a condition of the preliminary injunction, plaintiff shall make all back payments due under the contested loan modification agreement, if any, and make all current...
2021.01.12 Motion to Compel Further Responses, for Judgment on the Pleadings, for Reconsideration 458
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.01.12
Excerpt: ...” sometimes “plaintiff”]: Rachel Saur; Kelli D. Burritt For Defendant Santa Barbara Community College District [sometimes “SBCC,” sometimes “defendant”]: Molly E. Thurmond; Cyrus Khosh-Chasm Defendant Rucker: Darren W. Epps Discovery Referee: R. A. Carrington Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; ra@carri...
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....
2021.01.08 Motions to Compel Deposition 373
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.01.08
Excerpt: ...inated because of her alleged disabilities. Plaintiff worked for NuSil Technology for about two years as an Analytical Technician. Plaintiff's complaint alleges eighteen causes of action, including claims for disability discrimination, harassment, retaliation, failure to accommodate, intentional infliction of emotional distress, and constructive wrongful termination. Defendants deny the allegations. The complaint was filed on June 27, 2019. The t...
2021.01.08 Motion to Disqualify Mediator 857
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.01.08
Excerpt: ...ress and defamation. The complaint identifies Channe G. Coles of the Law Office of Channe G. Coles as counsel for plaintiff Foschini. On April 24, 2019, without any response having been filed, Foschini filed his first amended complaint (FAC) alleging the same causes of action. Both the original complaint and the FAC assert claims arising out of allegations of conduct by Foschini towards Ananda communicated in social media and Ananda's conduct tow...
2021.01.08 Motion to Approve Minor Compromises 096
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.01.08
Excerpt: ...hen his vehicle crossed over the center line and collided head-on with the vehicle driven by plaintiff James Lechuga, and in which Jennifer Lechuga and minors Jeffrey and Joey Lechuga were passengers. The Luchuga family members each sustained personal injuries in the collision. The action has now settled for a total payment to the Lechugas of $100,000, consisting of funds both from defendant Cortes Perez and the Estate of Martha Quintana, and fro...
2021.01.08 Demurrer, Motion to Strike 877
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.01.08
Excerpt: ...rve her answer to the complaint on or before January 22, 2021. BACKGROUND: This is a landlord/tenant dispute involving real property located at 1034 Neil Park Avenue, Santa Barbara, California 93103 (the “Property”). Plaintiffs Bruno Lopez and Griselda Lopez are tenants of the Property. Defendant Tricia Rush is the owner and manager of the Property. Plaintiffs took possession of the Property on January 1, 2017 pursuant to a written rental agr...
2021.01.05 Motion to Recover Stock Certificates 106
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.01.05
Excerpt: ...appellonoel.com; [email protected]; [email protected]; The Court did not find an email address in the file for Avenatti. Rulings: For the reasons set out below the matter is continued to March 2, 2021 so that Parrish can give notice to Lisa Storie-Avenatti. Analysis: The complaint was filed in 2018. The case was last on calendar on 9/1/20; the Court's analysis at that time is helpful to the Court in its analysis today. The underlying...
2021.01.05 Motion to Compel Production of Docs 971
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.01.05
Excerpt: ...CO”] Robert B. Forouzandeh for David Snider, Snider Investments, LLC, Snider Interests, LLC, Morongo Equity Partners II, LLC, Intervenor Complainant Morongo Equity Partners I, LLC Travis C. Logue, Nathan C. Rogers for Morongo Equity Partners I, LLC [“Morango”] Howard D. Hall, Taylor Dalton for Reprop Investments, Inc [Reprop”] James T. Ryan, Jason D. Annigian for Eli Owens [“Owens”], Roger MacFarlane [“MacFarlane”], Gary Walker [�...
2021.01.05 Demurrer 785
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.01.05
Excerpt: ...��PEA” sometimes “PE”] David Davidson attorney for former potential intervenor [“USSIC”] Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Rulings: The demurrer is overruled; the answer to be filed by January 22, 2021. Background [summarized] This original complaint in this case was filed on 4/30/20; time extensions...
2020.12.18 Demurrer, Motion to Strike 067
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.12.18
Excerpt: ...ff Shante Chappell's first amended complaint, with leave to amend, and overrules the demurrer to the second cause of action. 2. The court denies defendants Thomas Miles Phillips and The Phillips Firm's motion to strike portions of plaintiff Shante Chappell's first amended complaint. Background: On November 12, 2019, plaintiff Shante Chappell filed a complaint against defendants Thomas Miles Phillips (Phillips) and The Phillips Firm in the Ventura...
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...
2020.12.18 Motion for Judgment on the Pleadings 955
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.12.18
Excerpt: ...leadings as to Defendant Porsche Cars North America, Inc.'s Five Affirmative Defenses to Plaintiff's Second Amended Verified Complaint as follows: the court grants the motion for judgment on the pleadings as to defendant Porsche Cars North America, Inc.'s first affirmative defense without leave to amend; and the court denies the motion in all other respects. Background: In his second amended verified complaint (SAC), plaintiff Roy E. Stephenson a...
2020.12.18 Motion to Compel Arbitration 197
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.12.18
Excerpt: ...ted in Carpinteria, California. Cate School is a customer of defendant TriNet HRIII-A, Inc. and its affiliated company defendant TriNet Group, Inc. (together, “TriNet”). Panadero worked as a Spanish-language teacher for Cate School from 2003 until she was terminated at the end of the 2018/2019 academic year. On January 10, 2020, Panadero filed her complaint, alleging various Labor Code and Fair Employment and Housing Act (“FEHA”) causes o...
2020.12.18 Motion to Quash 373
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.12.18
Excerpt: ...ourt at this time, and will be resolved, if necessary, in any future motion by plaintiff to compel compliance with the production demand. BACKGROUND: In this action, plaintiff Chelsea Herzog has sued her former employer, defendant NuSil Technology, LLC, and her former supervisor, defendant Michal Wadsworth, claiming that she was harassed, discriminated against, and constructively terminated because of her alleged disabilities. Plaintiff worked fo...
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 ...
2020.12.15 Motion to Compel Further Responses 987
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.12.15
Excerpt: [email protected] Rulings; For the reasons set out in the Court's Conclusions [see below] the Court rules: Motion #1. Plaintiff will provide responses to requests for production Nos. 1-12, 13, 14-26, and 28-34 without objections. Motion #2. Plaintiff will provide further responses to the Special Interrogatories set forth below without objection. Motion #3. Plaintiff will provide further responses to Request for Admission Nos. 1-3 and 7-10 and No. 1...
2020.12.15 Motion to Compel Further Responses 951
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.12.15
Excerpt: ...”] is represented by Robert J. Stoll, Jr., Robert J. Stoll III Emails: [email protected] ; [email protected]; [email protected]; [email protected]; Ruling: For the reasons set forth below in the Court's Conclusions:  Motion #1. Respondent shall provide verified responses, without objection and further verified responses without objection to Form Interrogatory Nos. 2.3, 2.5, 2.6, 4.1, 6.2, 6.3, 6.4, 6.5, 6.7, 7.1, 7.2, 8.8, 10....
2020.12.15 Motion to Compel Further Responses 032
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.12.15
Excerpt: ...9 WP filed a request for an order compelling Delaney to forthwith serve further responses to Form Interrogatories – General [Set No. One (1)] and included Interrogatory 17.1 regarding Delaney's Responses to Requests for Admission [Set No. One (1)] served concurrently with WP's Form Interrogatories; served on February 10, 2020; lengthy time- consuming communications and issues arose; despite numerous communications between attorney Cohn and atto...
2020.12.15 Motion to Compel Arbitration 020
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.12.15
Excerpt: ...mh.com; [email protected]; [email protected]; reisz@mmrs- law.com; [email protected] Rulings: For the reasons set out below in the Court's Conclusions the Court grants Lavin's Motion to Compel Arbitration and will stay the litigation pending arbitration between Varr and Lavin. Analysis This litigation arises out of the lawsuit filed in 9/2020 by Varr; involves her purchase of residential real property located at 133 East Alamar Ave., Santa ...
2020.12.15 Anti-SLAPP Motions, Demurrer 397
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2020.12.15
Excerpt: ...n of privacy and unlawful eavesdropping in violation of Penal Code section 632 (Nohr defendants only); invasion of privacy – public disclosure of private facts (all defendants); intentional infliction of emotion distress (all defendants); and negligent infliction of emotional distress (all defendants). A) The Verified First Amended Complaint According to the first amended complaint, plaintiff, the Nohr defendants, and Bardessono are neighbors; ...
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 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 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 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...
2020.12.11 Motion to Invalidate Opt-Out Forms and Curative Notice 986
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.12.11
Excerpt: ...mer employees the notice described in this ruling. Background: This is a putative class action wage and hour lawsuit brought by plaintiff Jorge Delgado, individually and on behalf of others similarly situated, against his former employer, defendant SBBC Brewhouse, LLC. Defendant employed plaintiff from 2003 to December 2018 doing cleaning, dishwashing, stocking, and food preparation. Plaintiff alleges that he was paid overtime wages only when he ...
2020.12.11 Demurrer, Motion to Strike 342
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.12.11
Excerpt: ... sustained with respect to the cause of action for intentional infliction of emotional distress. The demurrer with respect to all claims, as they are currently alleged against individual defendant Ty Warner, are sustained. The special demurrer for uncertainty is overruled. Plaintiff has not opposed the motion to strike, as it relates to the request for attorneys' fees, and the motion is therefore granted as to such fees. With respect to the motio...
2020.12.08 Motion to Strike (SLAPP) 096
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2020.12.08
Excerpt: ...rnie's death, defendants Edgar Vea and Sonia Vea[1] and Alexander Lazo[2] developed an interest in having a closer relationship with Sophie, apparently with the objective of becoming beneficiaries of her estate. To that end:  Defendants allegedly made statements to the SMPD, prompting a welfare investigation on June 8, 2020, claiming Maribel attempted to force Ernie and Sophie to transfer title vehicles and/or real estate and further that Sonn...
2020.12.08 Motion to Compel Responses, for Sanctions 715
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.12.08
Excerpt: ...a further response to Special Interrogatories (Set One) propounded by Defendants Gunson, Arnett and Heinze. 3. Kimberly is further ordered to serve a further response to the Request for Production of Damages (Set One) propounded by Defendant Gunson, and is ordered to produce signed authorizations for the out-of-state medical providers. 4. All further responses and documents are ordered to be produced by December 18, 2020. 5. The request for sanct...
2020.12.08 Motion to Compel Further Responses 614
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.12.08
Excerpt: ...dant Bond: Gary D. Fields Defendant Grassini: Clayton T. Graham Emails: [email protected]; [email protected]; [email protected]; [email protected]; Rulings: l. The Motion to Compel Further Responses to Form Interrogatories, Set One is GRANTED. Plaintiff is ordered to provide further responses as requested in defendant's motion as to Form Interrogatories 8.4 and 12.1. Plaintiff is to provide further responses no lat...
2020.12.08 Demurrer 165
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.12.08
Excerpt: ...nalysis The Plaintiffs 7AC was filed 10/6/20 and is framed in 9 counts: 1. Elder Abuse (Financial) 2. Elder Abuse (Physical/Emotional) 3. Legal Malpractice 4. Breach of Fiduciary Duty 5. Conversion 6. Accounting 7. Intentional Misrepresentation 8. Concealment 9. Intentional Interference With Expected Inheritance Demurrer On 11/9 Defendants filed a demurrer to the 7AC contending that: Counts (1)-(6) and (9) are time-barred and are uncertain as to ...
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 ...
2020.12.04 Motion for Attorney Fees 104
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.12.04
Excerpt: ...Associates (St. George) for judgment pursuant to Code of Civil Procedure section 631.8. On February 6, 2020, the court filed its statement of decision. On February 20, 2020, the court filed its judgment. The judgment includes: “Defendant is the prevailing party in this matter and is entitled to recover its attorney's fees pursuant to Cal. Code of Civil Procedure § 1717, and its costs from Plaintiff[] subject to a noticed motion.” (Judgment, ...
2020.12.04 Motion for Determination of Good Faith Settlement 138
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.12.04
Excerpt: ... Vanessa Bley, wife of plaintiff Max Gleason, and in which the couple's two minor children (Lucienne, age 2, and Desmond, age 4 months) were passengers, was apparently struck head-on by a vehicle operated by defendant John Dungan and owned by both John Dungan and defendant Michael Dungan, and allegedly entrusted by Michael Dungan. A felony criminal complaint is currently pending against defendant John Dungan arising from the accident. At the time...
2020.12.04 Motion for Leave to File FAC 866
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.12.04
Excerpt: ...ing by replacing references to “aggrieved employees” with “all other similarly situated employees,” (4) strike the seventh cause of action for penalties under Labor Code § 558 and all related allegations, and (5) add applicable references to IWC Order No. 4- 2001 and No. 16-001. Defense counsel originally declined to stipulate to the amendment until he received a date for plaintiff's deposition. After plaintiff determined that additional...
2020.12.04 Motion to Strike 757
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.12.04
Excerpt: ...ff alleges that defendant was negligent and that he was driving under the influence at the time of the collision. On August 27, 2020, plaintiff filed his complaint, alleging a single cause of action for motor vehicle liability. Plaintiff seeks general damages, special damages, and punitive damages. Defendant moves to strike the punitive damages claim. ANALYSIS: Request for Judicial Notice Defendant requests that the court take judicial notice of ...
2020.12.04 Motion to Vacate Renewal of Judgment 751
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.12.04
Excerpt: ...lifornia, Inc., the original lender and creditor. Defendant Susan M. Schwartz is the borrower and debtor. Plaintiff alleges that defendant breached the loan agreement by failing to pay the sum of $11,579.05 when due and owing. On November 24, 2009, plaintiff filed its complaint against defendant for breach of contract and common counts. On December 30, 2009, defendant was served by substituted service. Defendant failed to file a response to the c...
2020.12.01 Motion for Summary Judgment 194
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.12.01
Excerpt: ... is DENIED. Background On August 23, 2018, Novacoast filed this action against Symantec and DigiCert. Defendants filed an answer in 10/2018; a trial date was set at the request of Novacoast; the parties stipulated to continue it because of issues that presented in discovery; Novacoast added eight new causes of action; On August 2, 2019, Novacoast filed its first amended complaint (“FAC”). After a Demurrer was sustained Novacoast filed its sec...
2020.12.01 Demurrers, Motion to Strike 736
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.12.01
Excerpt: ...n ATTORNEYS: For Petitioner Santa Barbara Coalition for Responsible Cannabis, Inc.: Marc Chytilo, Ana Citrin, Law Office of Marc Chytilo, APC; Courtney E. Taylor; Robert A. Curtis, Foley Bezek Behle & Curtis, LLP For Respondents County of Santa Barbara and Santa Barbara County Board of Supervisors: Michael C. Ghizzoni, Lina Somait, Office of Santa Barbara County Counsel For Real Parties in Interest Busy Bee's Organics and Sara Rotman: Amy M. Stei...
2020.12.01 Demurrer, Motion to Strike 589
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.12.01
Excerpt: ...cino) Email addresses: [email protected]; [email protected]; [email protected]; [email protected] Rulings: 1. The Court overrules County of Santa Barbara's demurrer to plaintiff Ana Esquivel's first amended complaint. 2. The Court overrules Isla Vista Recreation and Park District's demurrer to plaintiff Ana Esquivel's first amended complaint. 3. The Court denies Isla Vista Recreation and Park District's motion to str...
2020.12.01 Demurrer 971
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.12.01
Excerpt: ...Cross- Complainants”]; Jason D. Annigian and James T. Ryan Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Ruling: 1. The MEPI demurrer to the First Cause of Action for Breach of Contract that Cross-Complainants Newby, Owens, MacFarlane and Walker allege in their Cross-Complaint is OVERRULED. Their answer shall be filed by December 15, 2020. 2. This case is also on the CMC calendar a...
2020.12.01 Demurrer 210
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2020.12.01
Excerpt: ...e Dangermond Preserve located in Lompoc. She alleges that there were very traditional gender roles on the preserve's ranches; that Preserve Director Michael Bell demonstrated resistance to allowing a woman perform a leadership role; that the rules she promulgated were disregarded; and that her attempts to address County and Coastal Commission compliance issues were circumvented. Upon successfully advocating for a meeting with County officials reg...
2020.12.01 Demurrer 195
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2020.12.01
Excerpt: ...including, but not limited to, defective plumbing, cabinets and countertops, concrete finishes, doors that are not level and do not function properly, excessive stucco cracking and poor drywall finishes. On April 12, 2019, Shea Homes was cited and fined by the California Contractor's State License Board for poor workmanship in the construction of the Home. On January 10, 2020, plaintiffs filed a complaint alleging the following causes of action: ...
2020.11.20 Demurrer 360
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.11.20
Excerpt: ...el Hernandez, and Diego Rodriguez Garcia. The operative First Amended Complaint (FAC) filed by plaintiffs on September 10, 2020, seeks both individual damages and PAGA penalties (brought only by defendants Armenta, Garcia, and Hernandez), alleging causes of action for (1) failure to pay wages, (2) failure to provide compliant meal, rest, and recovery periods, (3) untimely payment of wages, (4) failure to keep accurate records of hours worked, (5)...
2020.11.17 Petition to Compel Arbitration 801
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2020.11.17
Excerpt: ... §§ 1194 and 1198); (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, 20...
2020.11.17 Demurrer 758
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2020.11.17
Excerpt: ...g Commission), and County of Santa Barbara Central Board of Architectural Review (Architectural Review Board) (collectively, the County), with real parties in interest Straus, Wind, LLC, and Baywa R.E. Wind, LLC. The first cause of action is styled as a writ of mandate, while the second cause of action is labelled as an administrative writ of mandate. Real parties in interest are currently in the process of seeking County approval of a commercial...
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...
2020.11.16 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 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...
2020.11.13 Motion for Terminating Sanctions 313
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.11.13
Excerpt: ...is Armstrong and Associates, LLC (LAA). Plaintiff/cross-defendant Robert S. Shumake Living Trust 1994 (Shumake) and defendants Jason Q. Wilson Trust Dated October 18, 2007; G Boys, LLC; Michael DeSalvo; and 2017 Lonestar Properties, Inc., are members of LAA. LAA holds a lease and purchase agreement for improved real property in Carpinteria. LAA's business is to cultivate medicinal and adult-use cannabis. On January 17, 2019, Shumake filed its com...
2020.11.13 Demurrer 472
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.11.13
Excerpt: .... Plaintiff alleges: Defendant had entered into a written lease for premises at 315 W. Carrillo Street, #105, in Santa Barbara. The lease agreement, including its addenda, was prepared in accordance with the requirements of federal law, and related implementing regulations as determined by the federal Department of Housing and Urban Development (HUD). [Complaint ¶¶5, 6] Emergency orders of the Governor, County of Santa Barbara Health Officer, S...
2020.11.13 Demurrer 348
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.11.13
Excerpt: ...ate Attorney General, filed his complaint against defendants Channel Auto Services LP (erroneously named by its fictitious name “Price Management”; hereinafter Channel); Coast Village, Inc. (CVC); and Mesa 76 LP (Mesa). The causes of action are: 1) missed meal breaks; 2) missed rest breaks; 3) failure to pay reporting time wages; 4) violation of Labor Code § 226; 5) violation of Labor Code § 203; 6) violation of Labor Code § 1102.5; 7) wro...
2020.11.10 Motion for Leave for Neuropsychological Exam 386
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.11.10
Excerpt: ...nd Jerry Garcia's motion for a neuropsychological examination of plaintiff Suzannah Taylor, subject to conditions and the protective order set forth in this ruling. Counsel for defendants shall prepare an order. The examination shall take place on November 16, 2020, at 9:00 a.m., or such other time as agreed by the parties. Background This is an action for personal injuries arising out of a motor vehicle accident. According to the allegations, on...
2020.11.10 Demurrer, Motion to Strike 212
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.11.10
Excerpt: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Ruling: The Demurrer and Motion to Strike are DENIED. Cross-Defendant to file his answer to the Cross- Complaint by November 25, 2020. Analysis Plaintiff CARP Property, LLC [“CARP”], commenced this action on August 9, 2019. In its complaint, plaintiff alleges that on March 15, 2016, Rafi Tarakjian [“Tarakjian”], sol...
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...

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