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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 ...
2020.10.23 Motion to Seal, to Enforce 172
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.10.23
Excerpt: ...is action arises out of competing claims over the proceeds of a $100,000 life insurance policy that was purchased by Laurence O. Pilgeram (“Mr. Pilgeram”) to cover the cost of cryogenically preserving his remains. Plaintiff Alcor Life Extension Foundation (“Alcor”) is the company hired by Mr. Pilgeram to preserve his remains. Defendants Kurt J. Pilgeram (“Kurt”) and Karl E. Pilgeram (“Karl”) are the adult sons of Mr. Pilgeram. On ...
2020.10.23 Motion for Leave to File Amended Complaint 261
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.10.23
Excerpt: ...pon the habitability of rental units. Baratto had served as plaintiffs' insurance agent, in acquiring the policy, and the action against it was essentially one for professional negligence. In December, 2019, plaintiffs served a request for the production of documents and things on defendant Baratto. On February 25, 2020, plaintiff filed a motion to compel further responses, setting the hearing for March 20, 2020. That hearing date was vacated by ...
2020.10.23 Motion to Amend, to Compel 820
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.10.23
Excerpt: ... further verified responses to request Nos. 42 and 43, in a form complying with the Code of Civil Procedure, to be served on or before November 9, 2020, together with the production of all responsive documents identified in the response to be produced. If any such documents have already been produced or are in defendant's possession, Beall may identify each such document specifically as having been produced or in defendant's possession. In all ot...
2020.10.20 Motion to Set Aside Summary Judgment 315
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2020.10.20
Excerpt: ...charges. Bail was continued. On July 31, 2019, with defendant present, the court continued the readiness and settlement conference to October 9, 2019. Bail bond was continued. Defendant did not appear on October 9, 2019. The court ordered bond forfeited, issued a warrant, and imposed a $500,000 bond. (Case No. 17CR11845.) Notice of Forfeiture of Bond was mailed on October 10, 2019. (Pen. Code, § 1305, subd. (b)—clerk of the court shall, within...
2020.10.20 Motion for Final Approval of Class Action Settlement 366
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2020.10.20
Excerpt: ...failure to pay all overtime wages (§§ 204, 510, 558, 1194, 1198); failure to provide meal periods (§§ 226.7, 512, 558); failure to authorize and permit rest periods (§§ 226.7, 516, 558); failure to provide accurate, itemized wage statements (§§ 226, et seq.); and failure to indemnify all necessary business expenditures (§ 2802). Plaintiff also alleged a violation of the Business and Profession Code section 17200, and requested civil pena...
2020.10.19 Motion to Vacate Judgment 790
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2020.10.19
Excerpt: ...personally served. On January 31, 2020, plaintiff secured entry of default, and on March 3, 2020, the court entered default judgment (in the amount of $1,721.36, which included $241 in costs). Plaintiff filed the first motion to vacate default judgment on July 8, 2020, with an original hearing for August 18, 2020, and thereafter seeking a dismissal. Plaintiff indicated that it was made aware that defendant debtor had filed a Chapter 7 bankruptcy ...
2020.10.19 Motion to Set Aside Summary Judgment 315
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2020.10.19
Excerpt: ...charges. Bail was continued. On July 31, 2019, with defendant present, the court continued the readiness and settlement conference to October 9, 2019. Bail bond was continued. Defendant did not appear on October 9, 2019. The court ordered bond forfeited, issued a warrant, and imposed a $500,000 bond. (Case No. 17CR11845.) Notice of Forfeiture of Bond was mailed on October 10, 2019. (Pen. Code, § 1305, subd. (b)—clerk of the court shall, within...
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 Motion for Final Approval of Class Action Settlement 366
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2020.10.19
Excerpt: ...failure to pay all overtime wages (§§ 204, 510, 558, 1194, 1198); failure to provide meal periods (§§ 226.7, 512, 558); failure to authorize and permit rest periods (§§ 226.7, 516, 558); failure to provide accurate, itemized wage statements (§§ 226, et seq.); and failure to indemnify all necessary business expenditures (§ 2802). Plaintiff also alleged a violation of the Business and Profession Code section 17200, and requested civil pena...
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 Demurrer 872
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.10.16
Excerpt: ...ed in plaintiffs' complaint: Defendants Plains All American Pipeline, L.P., and Plains Pipeline, L.P. (collectively, Plains) own and operate a 10-mile long, 24-inch wide oil pipeline known as Line 901. (Complaint, ¶¶ 2, 139.) Line 901, with its connecting Line 903 (together, the Pipeline), constitute the only permissible route to transport crude oil produced offshore in Santa Barbara. (Complaint, ¶¶ 111, 138.) On the morning of May 19, 2015, ...
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...
2020.10.16 Demurrer, Motion for Protective Order 909
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.10.16
Excerpt: ...f action for declaratory relief and for trespass. It alleges that plaintiff owns property at 2311 Finney Street in the Summerland area, and that Arthur Lacerte resides at the property. Defendant BMO, LLC (BMO) owns property at 2305 Finney Street, at which its managing member, Robert Mecay, resides. The easterly 18 feet of plaintiff's property is the subject of an easement for ingress, egress, and underground utilities, which benefits defendant's ...
2020.10.16 Motion for Final Approval of Class Action 041
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.10.16
Excerpt: ... that he and other hourly employees were not paid for all hours worked and were denied lawful rest breaks and meal periods. On November 13, 2019, plaintiff filed a putative class action complaint for (1) failure to pay minimum and straight time wages, (2) failure to pay overtime compensation, (3) failure to provide meal periods, (4) failure to authorize and permit rest periods, (5) failure to timely pay wages at termination, (6) failure to provid...
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 ...
2020.10.13 Petition for Writ of Mandate 459
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.10.13
Excerpt: ...om; [email protected]; [email protected]; RULING: The petition for writ of mandate of petitioner Santa Barbara Coalition for Responsible Cannabis, Inc. is denied. The Court finds that when respondent County of Santa Barbara added the hoop structure amendment to the LUDC it did not abuse its discretion under CEQA, either by failing to proceed in a manner required by law or by making determinations not supported by substantial evidenc...
2020.10.13 Motion for Attorney Fees 853
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.10.13
Excerpt: ...d attorney's fees in the amount of $131,372.00 against defendant HOA and intervenors the Pinskys. HOA and the Pinskys shall be jointly and severally liable for the fee award. BACKGROUND This action involves a view dispute between neighbors, plaintiffs Melvyn and Barbara Goldsmith (the “Goldsmiths”) and intervenors Milton and Elizabeth Pinsky (the “Pinskys”). The Goldsmiths and Pinskys own adjacent properties located in a common interest d...
2020.10.09 Motion to Vacate 530
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.10.09
Excerpt: ...s which were available during that time, were sufficiently unusual to excuse defendant's failure to timely respond to the complaint. Since she diligently sought to set aside the default after it was entered, and since her failure to timely respond to the complaint resulted from mistake and excusable neglect, the motion will be granted. Defendant is directed to separately file her answer forthwith, but in any event no later than October 19, 2020. ...
2020.10.09 Motion to Compel Arbitration 824
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.10.09
Excerpt: ...led May 8, 2020, alleges causes of action for involuntary dissolution of Prism Cam, LLC (Prism), breach of fiduciary duties, constructive trust, fraud, negligence, conversion, breach of contract, and declaratory judgment. Each cause of action arise from the relationship of the individual parties as set forth in the Operating Agreement for the entity defendant, Prism Cam, LLC. The Operating Agreement, at ¶ 10.2 (entitled “Dispute Resolution”)...
2020.10.09 Motion for Change of Venue 628
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.10.09
Excerpt: ...motion matters are ordered stayed pending transfer of the case. BACKGROUND: Plaintiff Aimie Coleman (“Coleman”) is the successor-in-interest to Garrett R. Casey (“Casey”), a former student at defendant The University of California, Santa Barbara (“Regents”), who died on May 27, 2018, while on a ski trip to Mammoth Lakes with defendant The University of California Santa Barbara Ski and Snowboard Club (“Ski Club”). Casey died from h...
2020.10.06 Motion to Enforce Settlement 318
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2020.10.06
Excerpt: ...ion for: (1) breach of written contract; (2) negligent misrepresentation; (3) intentional misrepresentation; (4) unfair business practices in violation of Business & Professions Code; (5) constructive trust; (6) equitable lien; (7) resulting trust; (8) declaratory relief. On November 15, 2019, plaintiff filed a Notice of Settlement of Entire Case. On November 18, 2019, plaintiff filed a Stipulation and Order for Court to Retain Jurisdiction. Plai...
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...
2020.10.05 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 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...
2020.10.02 Motion to Disqualify Counsel 133
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.10.02
Excerpt: ... firm Nye, Stirling, Hale & Miller, LLP (NSHM). Defendants Betty Dunbar (Dunbar) and Dennis A. Peterson 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. By document filed on March 23, 2020, The NSHM firm associated in the law firm of Snell & Wilmer LLP (SW), as co- counsel for Northern Trust. On March 24, 2020, a First Am...
2020.10.02 Motion for Trial Setting Preference 390
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.10.02
Excerpt: ...ed at 3375 Foothill Road, Unit 711, Carpinteria. (FAC, ¶ 7.) Defendant Nanci Robertson is the owner of real property located at 3375 Foothill Road, Unit 721, Carpinteria, which is the unit directly above Patterson's unit. (FAC, ¶ 9.) Between 2001 and 2018, multiple water leaks from Robertson's unit caused damage and required construction repairs to Patterson's unit. (FAC, ¶¶ 11-14.) On November 19, 2018, Patterson learned from the HOA manager...
2020.10.02 Demurrer 816
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.10.02
Excerpt: ...s). (Complaint, ¶¶ 1, 3, 4.) On July 18, 2019, prior tenants Brianna Anugwum and Doris Jones (now no longer in possession) entered into a written agreement to rent the Premises. (Complaint, ¶¶ 6a, 6b.) Defendant Adam Unmuth is a subtenant, assignee, or guest. (Complaint, ¶ 6c.) Tenants Anugwum and Jones turned the Premises over to Unmuth in mid May 2020. (Complaint, ¶ 6d.) The intent was to add Unmuth to the lease as an assignee, however, U...
2020.09.29 Pretrial Writ of Attachment 115
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2020.09.29
Excerpt: ...t between March 20, 2017 and November 27, 2017, she provided farm labor contractor services to defendants at defendant's request, and defendant presently owes $141,944.26, plus interest, and has not paid. Defendant answered on July 3, 2020. On November 27, 2019, this court ordered the case related to Gudino v. Hernandez, et al., Case No. 19CV03736 (in which there is also a request for a pretrial writ of attachment). Meanwhile, on October 29, 2019...
2020.09.29 Motion to Quash Service of Summons 191
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.09.29
Excerpt: ...o quash service of summons for lack of personal jurisdiction and dismisses plaintiff Jacob O'Donnell's action against Mobility Lifter, LLC. Background On July 1, 2020, plaintiff Jacob O'Donnell filed a complaint against defendants Mobility Lifter, LLC (Mobility), and Health Wise at Home (Health Wise). Plaintiff alleges: Plaintiff had a brother and sister-in-law living in Massachusetts that he wanted to visit. Because his brother's home is not whe...
2020.09.29 Motion for Protective Order 605
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.09.29
Excerpt: ... judgment debtor Dr. R. Gregory Lowry, DDS, Inc., for a protective order is granted. Judgment debtors are not required to produce the individual tax returns of Dr. Gregory Lowry in response to the subpoena here at issue. All parties' requests for awards of monetary sanctions are denied. Background: On June 10, 2013, judgment was entered in this action on the stipulation of the parties. On July 18, 2014, an amended judgment was entered, nunc pro t...
2020.09.29 Motion for Approval of Class Action Settlement 563
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.09.29
Excerpt: ...r.com; [email protected] Ruling: For the reasons set forth herein, the motion of plaintiffs for final approval of the settlement of this class action is granted. Counsel for the plaintiff class shall prepare and lodge with the court a judgment consistent with this order and California Rules of Court, rule 3.769(h). Background This is a putative class action involving gift cards. Plaintiff Karen Powell is a California resident and consumer. Defe...
2020.09.29 Demurrer 925
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2020.09.29
Excerpt: ...2940, et seq.) ; declaratory judgment; wrongful termination in violation of public policy; and numerous wage and hour violations, including unpaid overtime, failure to provide meal and rest periods, failure to pay final wages in timely manner, noncompliant wage statements, and violation of Unfair Competition per Business and Professions Code section 17200, et seq. Plaintiff worked for defendant as an “intake specialist,” starting January 27, ...
2020.09.29 Demurrer 719
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2020.09.29
Excerpt: ...as an easement over defendant's parcel for ingress, egress and driveway purposes. Plaintiff alleges that since the time the easement was created, conditions surrounding its use and scope have changed. There is currently no gate at the entrance of the easement, where the driveway meets Edison Road. Plaintiff has experienced trespassers and prowlers on her property, which she alleges are the result of the ungated driveway easement. Plaintiff seeks ...
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...
2020.09.28 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 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...
2020.09.25 Motion to Vacate 877
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.09.25
Excerpt: ...all be dissolved. Background: On September 12, 2019, the court entered a Judgment on Sister-State Judgment in favor of judgment creditor JP Wilson against judgment debtor Robert Shumake in the amount of $760,213.13. The underlying default judgment was entered in the Oakland C Michigan on February 27, 2019. On October 17, 2019, Shumake filed a motion to vacate sister state judgment, alleging that the judgment had been served by certified m an appe...
2020.09.25 Motion to Compel Further Responses 636
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.09.25
Excerpt: ... denies the motion in all other respects. The court denies the requests for monetary sanctions. 2. The court denies the motion of defendants Maribel Pratt and Student Transportation of America, Inc., to compel further responses to request for production of documents, set one. The court denies the requests for monetary sanctions. 3. The court grants the motion of defendants Maribel Pratt and Student Transportation of America, Inc., to compel furth...
2020.09.22 Motion to Compel Responses 032
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.09.22
Excerpt: ...imothy Delaney [“Defendant”], is represented by Martin P. Cohn Emails: [email protected]; [email protected] Rulings: 1. Defendant shall serve his responses to Form Interrogatories - General [Set No. One (1)] no later than September 25, 2020, at noon; and 2. Defendant shall serve his responses to Special Interrogatories [Set No. One (1)] no later than September 25, 2020, at noon; and 3. Plaintiff's Requests for Admission [Set No....
2020.09.22 Demurrer, Motion to Strike 098
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.09.22
Excerpt: ...an R. Cole, Metzger Law Group For Defendant NuSil Technology LLC (Doe 1): Melissa J. Fassett, Timothy E. Metzinger, Price, Postel & Parma LLP For Defendant Praxair, Inc. (Doe 2): Thomas C. Corless, Sue H. Kim, Wilson, Elser, Moskowitz, Edelman & Dicker LLP RULING: For the reasons set forth herein: (1) The demurrer of defendant NuSil Technology LLC is sustained, with leave to amend, to each of the causes of action of plaintiff Barbara Sanchez's co...
2020.09.18 Motion for Stay 172
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.09.18
Excerpt: ...0, to be heard, and defendant and cross-complainant Karl E. Pilgeram's Motion to Enforce Settlement in this action, which is set for hearing on October 23, 2020, to be heard. BACKGROUND: In 1990, Laurence O. Pilgeram (“Mr. Pilgeram”) contracted with plaintiff Alcor Life Extension Foundation (“Alcor”) to have his remains cryogenically preserved upon his death. To cover the cost of the procedure, Mr. Pilgeram purchased a $100,000 life insur...
2020.09.18 Motion for Attorney Fees 630
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.09.18
Excerpt: ...tract, in which plaintiff sought $131,104.76 in damages. Defendant prevailed at trial. One of the contracts that was the subject of the action contained a provision entitling the prevailing party in any litigation based upon, arising from, or in any way related to the agreement or its contemplated transactions, to all reasonable fees and costs incurred, including all reasonable attorneys' fees and costs, and all reasonable expert witness fees and...
2020.09.18 Demurrer, Motion to Strike 154
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.09.18
Excerpt: ...BH Holdings, LLC's motion to strike the answer of defendant Medtastic, LLC. The court grants defendant Medtastic, LLC ten days to file an answer by counsel. Background: On January 9, 2020, plaintiff BBH Holding, LLC, filed its complaint for breach of lease and breach of guaranties against Medtastic, LLC; Brian Beynon (also known as Gary Brian Beynon); and Zachary Berger. BBH is the lessor of a commercial building at 1030 Cindy Lane, Unit A, in Ca...
2020.09.15 Petition for Writ of Mandate, Motion to Augment Record 707
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2020.09.15
Excerpt: ... augment the record. On August 24, 2020, the court allowed additional briefing. Petitioner's additional brief was filed September 4, 2020 and County's was filed September 9, 2020. Whether the present petition is for traditional mandamus (Code Civ. Proc., § 1085) or for administrative mandamus (Code Civ. Proc., § 1094.5), the court's review of a governmental agency's actions or decisions is generally limited to the administrative record. Public ...
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...
2020.09.11 Demurrer 525
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.09.11
Excerpt: ...s complaint: Butler America, Inc., is the predecessor in interest to plaintiff Butler America, LLC (collectively, Butler or Buyer). (Complaint, ¶ 1.) On September 21, 2013, Butler purchased Kenton Group.com, LLC, (Kenton or Company) and Double Eagle Design (Double Eagle) (collectively, the Kenton Group Acquisition) pursuant to an Equity Purchase Agreement (EPA). (Complaint, ¶ 8 & exhibit 1 [the EPA].) Butler had retained its attorney, defendant...
2020.09.11 Motion to Compel Responses 986
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.09.11
Excerpt: ...s granted as set forth herein. Plaintiff is awarded monetary sanctions in the total sum of $3,500.00. 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. Plaintiff was employed by defendant from 2003 to December 2018 doing cleaning, dishwashing, stocking, and food preparation. Plain...
2020.09.11 Motion for Peremptory Writ of Mandate 865
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.09.11
Excerpt: ... Court has reviewed the Administrative Record lodged by petitioner, and refers to the record for the full factual background of this proceeding.] Born in 1978, Uhrig underwent two kidney transplant procedures as a child, the first in 1985, and the second in 1996. Uhrig began work as a custody deputy in September 2006. He worked for the Santa Barbara County Sheriff's Department as a custody deputy at the county jail from 2006 through 2017. He sust...
2020.09.09 Motion to Tax Costs, to Strike, for Attorney Fees, for Relief from Untimely Filing 322
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2020.09.09
Excerpt: ...filing of their motion to strike and/or tax costs and grants their motion to strike and/or tax defendants Adi Kazali, Santy Kazali, and Harry Kazali's memorandum of costs. 3. The court denies defendants Adi Kazali, Santy Kazali, and Harry Kazali's motion for attorney's fees under CCP § 128.5. The court orders defendants Adi Kazali, Santy Kazali, and Harry Kazali to pay plaintiffs' attorney, Brendan Patrick Maloney, expenses and attorney's fees t...
2020.09.08 Motion to Set Aside Acknowledgment of Satisfaction of Judgment 362
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.09.08
Excerpt: ... on December 29, 2017. Background On January 11, 2012, the court entered a Judgment by Stipulation in the amount of $9,538.42 in favor of plaintiff Citibank (South Dakota), N.A., against defendant Fernando B. Arroyo. On December 29, 2017, plaintiff filed an Acknowledgement of Satisfaction of Judgment, which had Case Number 1372356 in the caption and referenced a judgment entered on January 31, 2011, not January 11, 2012. (Case No. 1372356 involve...
2020.09.08 Motion for Judgment on Verified Petition for Judicial Review, Alternative Writ of Mandate 394
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.09.08
Excerpt: ...mblisslegal.com; [email protected] RULING: For the reasons set forth herein, the petition of petitioner Jeremy Paul Santizo for issuance of a writ of mandate is denied. Background On February 19, 2020, A.J. Kretzmar, Driving Safety Officer for the California Department of Motor Vehicles, issued a Notification of Findings and Decision (Decision) following an administrative hearing held on February 13, 2020, regarding the revocation of the ...
2020.09.08 Motion for Attorney's Fees 349
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.09.08
Excerpt: ... plaintiffs Joel Sullivan, Shawn Sullivan, and Above All Aviation, Inc., are jointly and severally liable. Background On October 31, 2018, plaintiffs Joel Sullivan, Shawn Sullivan, and Above All Aviation, Inc. (Above All), filed a complaint for libel against Doe defendants. Above All is a flight school, private plane scenic tour company, aircraft maintenance facility, and charter flight operator operating at the Santa Barbara Airport. On or about...
2020.09.04 Petition for Writ of Administrative Mandamus 934
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.09.04
Excerpt: ...ve Mandamus and Judicial Review of Administrative Hearing. Respondent is Steve Gordon, Director of the California Department of Motor Vehicles. (The court will refer to respondent as “DMV.”) The petition seeks review of DMV's suspension of Munoz's driving privileges. On June 5, Munoz filed an ex parte application for a stay of the suspension of her driving privileges. Munoz notified DMV of the application by phone and transmitted a copy of th...
2020.09.04 Demurrer, Motion to Strike 722
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.09.04
Excerpt: ... alleges causes of action for violation of residents' rights under Health & Safety Code section 1430(b), elder neglect, and wrongful death. Brought by surviving child Yolanda Salgado-Tovar, the complaint names as nominal defendants Mr. Salgado's surviving spouse and other living children. The complaint alleges that 89-year-old Mr. Salgado was admitted to a skilled nursing facility operated by California Convalescent hospital of Santa Barbara, Inc...
2020.09.04 Demurrer 016
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.09.04
Excerpt: ... answer to the first amended complaint on or before September 21, 2020. Background: As alleged in plaintiffs' first amended complaint (FAC): In the summer of 2016, plaintiffs Barranca Enterprises, Inc. (Barranca), and MLG Leasing, Inc. (MLG), were approached by defendant Gregory R. Reitz, who made a proposal to develop the plaintiffs' properties located on the corners of Garden Street and Anapamu Street in Santa Barbara. (FAC, ¶ 11.) Reitz toute...
2020.09.01 Motion to Transfer and Consolidate 971
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.09.01
Excerpt: ...al.) Ruling: The Court grants the motion of defendant David Snider; defendant and cross-complainant Snider Investments, LLC; and cross-complainant Morongo Equity Partners I, LLC, to transfer and consolidate Riverside Superior Court case Eco Property Group, LLC, an behalf of Morongo Equity Partners I, LLC v. Snider Investments, LLC, et al., Case No. PSC2002900. Background These disputes arise out of the formation of Southern California Cultivation...
2020.09.01 Motion for Summary Judgment, Adjudication 258
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.09.01
Excerpt: ... of proof. Background This is a wrongful death action, brought by plaintiff Ana Cecilia Martinez, the mother of decedent Miguel Angel Martinez (decedent). The complaint, filed March 12, 2018, alleges a single cause of action for wrongful death against defendants Antonio Jaimez, Ciervo Farming Co. LLC, Goleta Farms LLC, Oxnard Coastal Investments LLC, RDC Farming LLC, and Does 1-100. The four named LLC defendants were dismissed by plaintiff on Oct...
2020.09.01 Demurrer 035
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.09.01
Excerpt: ...laintiff Michael Herrera is sustained, with leave to amend, as to the second (elder abuse), third (negligent infliction of emotional distress), fourth (intentional infliction of emotional distress), fifth (breach of fiduciary duty), seventh (negligence), and eighth (accounting) causes of action, and is in all other respects overruled. Plaintiff shall file and serve his second amended complaint on or before September 16, 2020. Background As allege...
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...
2020.08.31 Motion to Stay Action 717
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.08.31
Excerpt: ...rk Gilbert, M.D.: James M. Burgess, Melissa M. Mikail, Sheppard, Mullin, Richter & Hampton LLP TENTATIVE RULING: For the reasons set forth herein, this action is stayed pending the disposition of Change Healthcare Practice Management Solutions, Inc., et al., v. Schoengold, et al., Ventura County Superior Court case No. 56-2020-00541602-CU-BT-WA. Background: On April 17, 2020, plaintiffs Alan Schoengold, M.D., Prof. Corp. dba SeaView IPA (Medical ...
2020.08.28 Motion to Compel, for Admissions 517
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.08.28
Excerpt: ...ntiff Beach Front Construction Company shall serve verified further responses, in a form complying with the Code of Civil Procedure, on or before September 14, 2020. (2) For the reasons set forth herein, the motion of defendant Homer T. Hayward Lumber Co. to compel further responses of plaintiff Uptown Center, LLC, to special interrogatories, set two, Nos. 47 through 60, is granted. Plaintiff Uptown Center, LLC, shall serve verified further respo...
2020.08.28 Demurrers, Motion for Contempt 591
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.08.28
Excerpt: ...tion of Skylar L. Gauss, individually, for contempt as to attorney Robert Forouzandeh is denied. Background: On March 25, 2019, plaintiff Saticoy Development Company, LLC (Saticoy) filed its original verified complaint in this action asserting four causes of action: (1) quiet title; (2) declaratory relief; (3) injunctive relief; and (4) conversion of personal property. On May 14, 2019, defendant Skylar L. Gauss, a self-represented defendant, in h...
2020.08.28 Demurrer 295
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.08.28
Excerpt: ...to amend. Background: On October 15, 2019, plaintiff California State Lands Commission (the “Commission”) filed its complaint for breach of contract, trespass, and declaratory relief against defendants Signal Hill Service, Inc.; and Pacific Operators, Inc., dba Pacific Operators Offshore, Inc. On December 13, 2019, the court sustained defendants' demurrer to the Commission's complaint for failure to join the federal government as an indispens...
2020.08.25 Motion to Intervene, for Preliminary Approval of Class Action Settlement 532
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.08.25
Excerpt: ...aye Scholer LLP Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected];[email protected]; RULINGS: (1) For the reasons set forth herein, the motion of Jules Vanden Berge to intervene in this action is granted. Intervenor Vanden Berge shall file and serve her complaint in intervention on or before August 31, 2020. (2) For the reasons set for...
2020.08.25 Motion for Summary Judgment, Adjudication 271
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.08.25
Excerpt: ...r Rocha and Sons Transport, LLC Gerald B. Velasco of Stratman, Schwartz & Williams-Abrego for RC Tractor Parts RULING: With respect to plaintiffs' complaint, the motion to summarily adjudicate the first through sixth causes of action in Rocha's favor is granted; in all other respects, the motion is denied. With respect to the cross- complaint filed by RC Tractor Parts, the motion is denied. Background This action, filed on December 21, 2018, aris...
2020.08.25 Motion for Summary Judgment 449
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.08.25
Excerpt: ...mary judgment, the motion is denied. The Court finds that there are triable issues of fact as to whether defendants complied with the standard of care and/or whether defendants' conduct caused or contributed to any damages alleged by plaintiff. BACKGROUND In this action, plaintiff Laurie Ann Humberd has sued defendants Jackson and Engberg Medical Corporation dba Jackson Medical Group, Inc. (“Jackson Medical”) and Nancy Warner, NP (“Warner�...
2020.08.25 Motion for Preliminary Injunction 793
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.08.25
Excerpt: ... Floral Company Carpinteria, Inc.: Steven M. Selna, Robert W. Selna, Selna Partners LLP RULING: For the reasons set forth herein, the motion of plaintiffs Joseph Magazino, Sunshine Organics, LLC, Sunshine Organics Greens, Inc., for issuance of a preliminary injunction is denied. Background On October 15, 2015, plaintiff Sunshine Organics Greens, Inc. (Sunshine Greens) entered into a written agreement (Lease) with defendant Westland Floral Company...
2020.08.25 Motion for Attorney's Fees 136
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2020.08.25
Excerpt: ...rthern Division, issued an order indicating that “there is no stay in this case prohibiting the enforcement of a final judgment against Salvatore Espresso Systems, Inc.” The bankruptcy court also lifted any stay involving the individual debtors Salvatore Cisaria and Wendy Stephen, meaning the motion on calendar today can go forward against them as well, although enforcement of any judgment must be made/advanced through the bankruptcy proceedi...
2020.08.25 Demurrer 377
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.08.25
Excerpt: ...o plaintiff Romo Feather, Inc.'s first amended complaint. Background In its First Amended Complaint (FAC), plaintiff Romo Feather, Inc. (Romo), alleges: Romo owns property at 670 Romero Canyon Road in Montecito. [FAC ¶1] Defendants Fay Servicing, LLC (Fay); U.S. Bank, N.A., as legal title Trustee for Truman 2016 SC6 Title Trust (Truman), and Attorney Lender Services, Inc. (Attorney) are engaged in efforts to foreclose on the property commencing ...
2020.08.24 Motion for Attorney Fees 057
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.08.24
Excerpt: ...dants Frederick A. Aspenleiter and Aspen Custom Interior Woodworking, Inc. TENTATIVE RULING: The Court will grant the motion in part, and award Aspen the amount of $28,890 in attorneys' fees, and will deny the motion in pary, denying any greater amount of fees, and denying the request for further imposition of the 2% per month penalty. Background: This action concerns a contract for the installation of custom cabinetry. In October 2014, plaintiff...
2020.08.24 Motion for Summary Judgment 138
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.08.24
Excerpt: ... is granted. Judgment shall be entered in favor of plaintiff and against defendant William Scott Griffiths the sum of $438,741.96, plus attorney's fees and costs, which shall be determined by separate motion. BACKGROUND: This is an action for breach of a written guaranty agreement. On December 23, 2016, Santa Barbara Community Bank entered into a loan transaction with borrower Ultimate Brands, Inc. (“Ultimate Brands”) for the principal sum of...
2020.08.24 Motion to Sever Complaint for Recovery 591
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.08.24
Excerpt: ...orporation Richard H. Glucksman for Cross-Defendant and Cross-Complainant McCoy Electronic Corporation Patrick C. McGarrigle for Defendants and Cross-Complainants Annette Rubin and Stuart Rubin TENTATIVE RULING: The motion of Plaintiff McCoy Electric Corporation for an order severing its complaint for fees from the cross-complaint for construction defects filed by defendants Annette Rubin and Stuart Rubin is denied. BACKGROUND: This action arises...
2020.08.21 Motion to Compel Further Responses 324
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.08.21
Excerpt: ...ard I. Wideman and Kristin Novak filed their verified complaint in this action against defendant William Charles Conway, M.D., alleging causes of action for professional negligence arising out of post- surgical treatment of Wideman following surgery performed by Dr. Conway on Wideman. Motion: Plaintiffs move for further responses from defendant Conway, without objection, to Form Interrogatories (FI) ##2.6, 2.7, 3.7, 12.0, 12.3, 12.4, 15.1, 16.2(b...
2020.08.18 Motion to Quash Subpoena 165
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.08.18
Excerpt: ...ued by Plaintiff Joi Stephens to Jacquelyn Quinn Attorneys: For Plaintiff: John B. Richards For Defendant: Heather L. Rosing, et al. (Klinedinst PC – San Diego) Emails: [email protected]; [email protected]; Benjamin C. Wohlfeil ; Michael McNally [email protected] Ruling: Defendants' three motions to quash deposition subpoenas are moot as the subpoenas were withdrawn after the motion was filed. The Court orders...
2020.08.18 Motion to Quash Employment Records Subpoenas 675
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.08.18
Excerpt: ...h the deposition subpoena issued to Quest Diagnostics and modifies the subpoena to request documents as follows: all documents that reflect Damian Garcia's compensation and benefits from commencement of his employment to present; all documents that refer, relate, or pertain to any discipline of Damian Garcia impacting his compensation and benefits; and all documents that refer, relate, or pertain to any request for accommodation of plaintiff for ...
2020.08.18 Motion for Return of Claimants' Seized Cash 590
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.08.18
Excerpt: ...co.santa-barbara.ca.us; [email protected]; [email protected]; RULING: The motion by claimants Arroyo Verde Farms, Inc. and Eagle Bay Enterprises, Inc. dba ProCan Labs for return of seized currency in the amount of $620,998.00 is denied. BACKGROUND On January 22, 2020, the Santa Barbara County Sheriff's Department pursuant to a search warrant seized $620,998.00 in U.S. currency and 1,800 pounds (323 jars) of cannabis oil from real p...
2020.08.18 Demurrer 589
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.08.18
Excerpt: ....com RULING: The demurrer is sustained, with leave to amend on or before September 1, 2020, or such other later date as the Court might set at the hearing on this demurrer. Background This wrongful death action, filed October 18, 2019, alleges a single cause of action for dangerous condition of public property against defendants Isla Vista Recreation and Park District, and the County of Santa Barbara. The complaint alleges that on October 20, 201...
2020.08.17 Petition to Confirm Contractual Arbitration Award 561
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.08.17
Excerpt: ...he March 11, 2020 arbitration award. The court will enter the proposed order of judgment submitted to the court on July 22, 2020. In item 2 of the proposed order of judgment, the court will add the amount of $1,627.30. Discussion: Petitioner RHC Construction, Inc., seeks confirmation of a contractual arbitration award against respondent Edward Paquette, dba Doors Are Us. The parties had entered into a Construction Contract and agreed to arbitrati...
2020.08.17 Motion for Approval of PAGA Penalty Allocation 036
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.08.17
Excerpt: ...ndants TENTATIVE RULING: The motion is granted. Background: This is an action for violations of the Private Attorneys General Act (PAGA). After identifying potential Labor Code claims against defendants, plaintiff sent a statutory notice to the California Labor and Workforce Development Agency (LWDA) declaring her intent to proceed with enumerated Labor Code claims on behalf of herself and other aggrieved employees. An amended notice was set two ...
2020.08.14 Motion to Compel Depositions, for Leave to File Amended Complaint, for Trial Preference 261
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.08.14
Excerpt: ...t, plaintiffs Astrid G. Nelson Megel and Clifford Nelson's motion to set/compel depositions of defendants' employees Dwayne Bird, Marjorie Kelbacher, and Robert Gillis. The depositions shall take place at times agreed by the parties. The depositions shall be taken remotely, if the parties agree, otherwise, the deposition of Dwayne Bird will take place in South Carolina; the deposition of Marjorie Kelbacher will take place within 75 miles of her r...
2020.08.14 Motion to Compel Deposition 373
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.08.14
Excerpt: ... denied. BACKGROUND: This is an action for various employment-related and whistleblower claims by plaintiff against her former employer and former supervisor. Plaintiff alleges that she is disabled and that she was subject to discrimination, harassment, and wrongful termination because of her disability and gender. Defendants deny the allegations. There are two motions currently before the court. In the first motion, defendants seek an order comp...
2020.08.14 Motion to Compel Arbitration, Stay Litigation 238
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.08.14
Excerpt: ...ackground: This is a purported class action for wages and Labor Code violations. In a complaint filed on March 4, 2020, against defendant Parks Management Company, plaintiffs Tayler Hannes and Paul Voigt asserted causes of action for 1) failure to pay wages and/or overtime; 2) meal break violations (Labor Code § 226.7); 3) rest break violations (Labor Code § 226.7); 4) waiting time penalties (Labor Code § 203); 5) unreimbursed mileage (Labor C...
2020.08.12 Motion to Tax Costs 322
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2020.08.12
Excerpt: ...d and operated by three named defendants, Adi Kazali, Santy Kazali, and Harry Kazali. On November 8, 2018, Harry and Santy Kazali, dba Days Inn of Santa Barbara, filed a cross-complaint against Wasito and Soenjoto (served on August 28, 2018) and, on December 21, 2018, filed a first amended cross- complaint (FACC) for breach of contract, breach of the implied covenant of good faith and fair dealing, unjust enrichment, and negligent misrepresentati...
2020.08.11 Motion to Compel Compliance with Records Subpoena 385
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.08.11
Excerpt: ...ion to Compel Compliance with Records Subpoena and Request for Sanctions ATTORNEYS: Samantha M. Baldwin for Plaintiff Suzannah Taylor Jessica Saldo for Defendants Mission Plumbing and Jerry Garcia Joel B. Douglas for Nonparty Santa Barbara Behavioral Health, Inc. Emails: [email protected]; [email protected]@statefarm.com; [email protected] RULING: Defendants' motion to compel nonparty medical provider to comply wit...
2020.08.11 Motion for Good Faith Settlement 477
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.08.11
Excerpt: ...he court grants defendant Carolyn Maguire's motion for determination of good faith settlement with plaintiff Wyatt Dennett. Claims against defendant Carolyn Maguire for contribution or indemnity are barred as provided in CCP §§ 877 and 877.6(c). Background On August 22, 2019, plaintiff Wyatt Dennett brought this action for personal injuries he suffered on October 27, 2018, when he dropped to the ground from a deck on the premises at 830 Chelham...
2020.08.11 Demurrer 589
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.08.11
Excerpt: ... the reasons explained herein, the demurrer is sustained, with leave to amend on or before September 1, 2020. Background This wrongful death action, filed October 18, 2019, alleges a single cause of action for dangerous condition of public property against defendants Isla Vista Recreation and Park District, and the County of Santa Barbara. The complaint alleges that on October 20, 2018, plaintiff's decedent, Alessandro Esquivel, a student at UCSB...
2020.08.10 Demurrer, Motion to Strike 141
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.08.10
Excerpt: ... Iaian Filippini: Adam M. Zolonz, Jeffrey A. Zolonz, Stephen Parnell, Law Offices of Adam Zolonz For Defendant Tesla, Inc.: Soheyl Tahsildoost, Theta Law Firm, LLP TENTATIVE RULING: (1) For the reasons set forth herein, the demurrer of defendant Tesla, Inc., is sustained, with leave to amend, as to the first, third, and fourth causes of action of the complaint of plaintiffs Alexandro Filippini and Iaian Filippini. Plaintiffs shall file and serve ...
2020.08.07 Motions to Stay 026
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.08.07
Excerpt: ...the disposition of an appeal in a potentially related action now before the Court of Appeal. (1) City of Torrance Action On March 22, 2019, the City of Torrance (Torrance), which is not a party to this action, filed a complaint in Los Angeles County Superio r in City of Torrance v. Southern California Edison Company, Los Angeles County Superior Court case No. 19STCV10249 (City of Torra n failure to comply with the Torrance Municipal Code. (SCE Re...
2020.08.07 Motion to Compel Deposition of PMK, to Quash 375
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.08.07
Excerpt: ...ichal Wadsworth to appear and testify at deposition is granted. Plaintiff's motion to compel site inspection of defendant's premises is denied. The requests for monetary sanctions by both sides are denied. BACKGROUND: Plaintiff Chelsea Herzog is a former employee of defendant NuSil Technology, LLC (“NuSil”). Plaintiff worked for defendant as an analytical technician from April 2016 until December 2018. Defendant Michal Wadsworth (“Wadsworth...
2020.08.07 Motion to Compel Arbitration 373
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.08.07
Excerpt: ...ld the vineyard, both the business operations and the land, to defendant Randeep Singh Grewal (“Grewal”), the owner of defendant Ca' Del Grevino, LLC dba Grevino Estate Vineyards (“Vineyards”), located at 2510 E. Clark Avenue, Santa Maria, California 93455. As part of the purchase agreement, Grewal agreed to employ Addamo as the President and General Manager of Vineyards with an annual salary of $200,000. In addition, Addamo was to be pai...
2020.08.07 Demurrer, Motion for Sanctions 559
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.08.07
Excerpt: ...he court denies plaintiff Chris White's request for expenses and attorney fees. Background: This action arises out of a residential lease agreement. On October 1, 2016, plaintiff Chris White (“White”) entered into a month-to-month lease of real property located at 726 W. Pedregosa Street in Santa Barbara. (Although the third amended complaint still lists William Levi and Rachel Levi as plaintiffs, they were dismissed from the case with prejud...
2020.08.05 Motion for Preliminary Approval of Class Action Settlement 823
Location: Santa Barbara
Judge: Staffel, Timothy
Hearing Date: 2020.08.05
Excerpt: ...ement, at or before the final approval hearing. Discuss with counsel the nature of the $5,000 class enhancement amount, which involves a multiplier of 7.8125 over the average payout of $640. While this is not extreme under existing case law, ask plaintiff what facts exist to justify that amount. Discuss what the PAGA statutory scheme requires from a trial court when determining the reasonableness of the PAGA settlement amount. Direct plaintiff's ...
2020.08.05 Demurrer 081
Location: Santa Barbara
Judge: Staffel, Timothy
Hearing Date: 2020.08.05
Excerpt: ...hearing on this Motion will be conducted on Tuesday, August 11, 2020 at 9:00 a.m. in Dept. 19. If any party wishes to contest the tentative ruling, NO LATER than 4:00 PM on Tuesday, August 4, 2020, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. Any requested hearing will most likely be conducted using the Blue Jeans Network, password # 5102676935. If a ...
2020.08.04 Motion to Approve Settlement 910
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2020.08.04
Excerpt: ...d Farmer. Further, Farmer requests that the Court retain jurisdiction to enforce this settlement pursuant to Code of Procedure section 664.6. This motion is made pursuant to Code of Civil Procedure section 664.6 and on the grounds that: the parties' claims have been addressed in the Settlement, which is fair and equitable for the parties, as well as for the potential beneficiaries of the Carrari Family Trust.” (Emphasis added.) Both the notice ...
2020.08.04 Demurrer 608
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.08.04
Excerpt: ...al, Inc.: Randall F. Koenig, Bryan C. Oberle, Koenig Jacobsen LLP For Cross-Defendant Cini-Little International, Inc.: Sharon Sanner Muir, Nicole G. Thal, Collins Collins Muir + Steward LLP (For other parties see list) Emails: [email protected];[email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; steve...

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