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2020.03.16 Motion for Prejudgment Possession 001
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.03.16
Excerpt: ...Grassini Qualified Personal Residence Trust, udt date July 18, 2000, as to an undivided one half interest, and Kathleen S. Grassini: Trustee or any Successor Trustee of the Kathleen S. Grassini Qualified Personal Residence Trust, udt date July 18, 2000, as to an undivided one half interest: Todd A. Amspoker, Price, Postel & Parma LLP RULING: To address the issues set forth herein, the motion of plaintiff County of Santa Barbara for an order for p...
2020.03.16 Motion for Leave to File Amended Complaint 958
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.03.16
Excerpt: ...g, Guru Thapar, and Forward Beverly Hills, Inc. dba Keller Williams RULING: The motion is granted. Mr. Aguila is directed to separately file his Second Amended Cross-Complaint by April 26. Because PRFM and Mortgage Co. of Santa Barbara, Inc. have settled the action with Aguila, subject to the court's determination that the settlement was entered into in good faith, they need not respond to the complaint at this time. Should the motion be granted,...
2020.03.13 Motion for Sanctions 263
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.03.13
Excerpt: ...before March 30, 2020, plaintiff Taryn Intravartolo shall serve further responses, personally verified by Intravartolo and in a form complying with the Code of Civil Procedure without objection except as to privilege, to defendants' form interrogatories, set one, No. 17.1, as that interrogatory relates to plaintiff's responses to defendants' requests for admission, set one, Nos. 4, 5, 6, 8, 9, 10, 11, and 14, and shall serve further responses, pe...
2020.03.13 Demurrer, Motion to Strike 555
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.03.13
Excerpt: ...rs stricken the prayer for attorney fees at page 17, line 19, of plaintiffs' complaint. The court denies the motion in all other respects. Background: This action arises out of a lease between plaintiff High Sierra Grill Santa Barbara, Inc. (“HSG”) and defendant City of Santa Barbara, and HSG's attempts to assign the lease to plaintiff Flightline Restaurant, LLC (“FRL”). Plaintiffs Flightline; HSG; and HSG's principals, Manuel Perales, Ma...
2020.03.11 Motion to Vacate Judgment 554
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2020.03.11
Excerpt: ...Butler in Flightline Restaurant, LLC, for the unsatisfied amount of the judgment herein. Counsel for judgment creditor shall prepare an order. Background: On December 18, 2017, defendant Warren Butler, dba Butler Event Center, executed a Confession of Judgment Statement confessing judgment in favor of plaintiff Kellogg Square, LLC. Also on December 18, 2017, defendant's counsel, Reed H. Olmstead, executed an Attorney's Declaration in Support of C...
2020.03.11 Motion to Change Venue 204
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2020.03.11
Excerpt: ...ean A. Chung, the first ending in number 2002 and the second ending in number 4006. Defendant used the credit cards to purchase goods and services totaling $16,526.03 on card 2002 and $16,185.24 on card 4006 ($32,711.27 total for both cards). No part of these sums has been paid, although demand for payment in the form of monthly billing statements has been sent to defendant. On June 18, 2019, plaintiff filed its complaint alleging causes of actio...
2020.03.11 Demurrers 891
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2020.03.11
Excerpt: ...ch 23, 2020. 2. The court sustains defendant Royal Sun & Alliance Insurance PLC's demurrer to the seventh cause of action in plaintiff Start, Inc.'s first amended complaint with leave to amend. The court overrules the demurrer to the third cause of action. If plaintiff Start, Inc. chooses to amend the negligent misrepresentation cause of action, it shall file a second amended complaint on or before March 23, 2020. If plaintiff does not amend the ...
2020.03.10 Motion for Summary Judgment 511
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.03.10
Excerpt: ...o be held on March 18 and 19. Trial Briefs, in limine motions, witness lists, exhibit lists all due Friday March 13. Background The case was on calendar on 2/25/20; at that time the Court said in its extensive tentative ruling that: “Plaintiff's Contentions: The motion for trial preference was filed 1/23/20; the Court summarizes here; the case is a Commercial Unlawful Detainer action. Plaintiff requests that the case be set for trial for a date...
2020.03.10 Motion for Approval of Class Action Settlement 982
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.03.10
Excerpt: ...ide a due diligence declaration; (2) Deadline for Class Counsel to file for Final Approval; and (3) The hearing date for Final Approval. Analysis This is Plaintiffs Roberto Ramirez' and Richard Hockison's unopposed motion, on behalf of themselves and the putative class, for the following orders: (1) Preliminarily Approving Settlement of Plaintiffs' Class Claims; (2) Provisionally Certifying the Settlement Class; (3) Approving the Class Notice and...
2020.03.10 Demurrer 217
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2020.03.10
Excerpt: ...y the statute of limitations because the amendment substituting Emilee Follett was filed more than two years after the date the incident occurred. An action for injury caused by the wrongful act of another must be pled within two years from the date of the incident. (Code Civ. Proc., § 335.1.) Code of Civil Procedure section 474 permits a plaintiff to amend complaints by adding parties as Doe defendants “[w]hen the plaintiff is ignorant of the...
2020.03.06 Motion to Compel Deposition 727
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.03.06
Excerpt: ...f the documents sought by Federal have been produced at least 14 days prior to the deposition date (if they have not already been produced). The hearing on Western's motion for summary judgment on its first amended complaint, currently scheduled for March 20, 2020, will be continued to May 1, 2020. Supplemental opposition and reply papers may be filed by the parties, related solely to information obtained from or discussed in the PMQ deposition, ...
2020.03.06 Motion for Summary Judgment 566
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.03.06
Excerpt: ...CRC 3.1351(b). Background: This is an action for unlawful detainer following a foreclosure sale. In its complaint, plaintiff Strategic Emerging Economics, Inc. (“SEE”), alleges: SEE is the owner of real property located at 4630 Via Vistosa in Santa Barbara, having acquired the property at a trustee's sale on November 27, 2019. Defendants David Shor and Judi Shor (collectively “Shor” or “defendants”) are the former owners of the Proper...
2020.03.06 Motion for Summary Adjudication 513
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.03.06
Excerpt: ...not completely dispose of the ninth affirmative defense. BACKGROUND: This action arises out of a neighbor dispute. As alleged in the complaint, plaintiffs James Roberts and Danielle Roberts own and reside at 365 Oak View Lane, Santa Barbara. Defendants James Foster and Sandra Russell own and reside at 375 Oak View Lane, Santa Barbara. Both the Roberts property and the Foster/Russell property are governed by the recorded Covenants, Conditions, and...
2020.03.03 Motion for Publication of Summons 334
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.03.03
Excerpt: ...fs are Misael Espinoza and Luis Espinoza. Defendant is Alan Raymond Ewing. Plaintiff previously moved for an order authorizing service of defendant by publication. That motion was denied on January 7, 2020, based upon the failure of the motion to (a) include a memorandum of points and (b) the failure to include an affidavit demonstrating to the satisfaction of the Court that a cause of action exists against the party upon whom service is to be ma...
2020.03.03 OSC Re Preliminary Injunction Restraining Order 257
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.03.03
Excerpt: ... the reasons set forth herein, the motion of plaintiff Beacon Pointe Wealth Advisors, LLC, for issuance of a preliminary injunction is denied. The temporary restraining order and order to show cause re issuance of preliminary injunction filed by the Court on January 30, 2020, is dissolved and discharged. Background This is an order to show cause re issuance of a preliminary injunction after issuance of a temporary restraining order. The Court has...
2020.03.03 Motion to Strike and Tax Costs 351
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.03.03
Excerpt: ... of Santa Barbara [“City”] RULING: The motion is granted as to $615 in filing and motion fees; in all other respects the motion is denied. As a result, costs will be allowed in the total amount of $8,616.68. Background After plaintiff prevailed at trial, he filed a Memorandum of Costs seeking a total of $9,231.68 in costs. City now seeks to tax $7,947.15 of the claimed costs. Specifically, City challenges the $1500 claim for filing and motion...
2020.03.03 Motion to Strike Costs, to Tax Costs 710
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.03.03
Excerpt: ... Nykeemah McClendon, Law Office of Marvin P. Velastegui RULING: (1) For the reasons set forth herein, the motion of plaintiff Michele Siegan to strike the memorandum of costs of defendant Taylor Rae Person is granted and the memorandum of costs of defendant Person is ordered stricken. (2) For the reasons set forth herein, the motion of defendant Taylor Rae Person to strike or to tax costs of plaintiff Michele Siegan is granted in part. The motion...
2020.03.02 Motions to Compel 591
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.03.02
Excerpt: ...laintiff McCoy Electric Corporation: Barton C. Merrill For Defendants, Cross-Complainants, and Cross-Defendants A. Stuart Rubin and Annette Rubin: Patrick C. McGarrigle, Michael J. Kenney, McGarrigle, Kenney & Zampiello For Cross-Defendant and Cross-Complainant The Las Canoas Co. dba Construction Plumbing: Daniel E. Engel TENTATIVE RULING: (1) The motion of cross-defendant Construction Plumbing to compel further responses to inspection demands is...
2020.02.28 Motion to Seal Docs, for Summary Judgment, Adjudication 351
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.02.28
Excerpt: ...gment and Defendant's Reply. On or before March 2, 2020, the parties shall filed unredacted copies of all documents filed conditionally under seal. 2. The court, on its own motion, strikes the Sur Reply that plaintiff Erik A. Hennings filed on January 31, 2020, and the declaration of Daniel Kalinowski in support thereof filed on January 31, 2020. The court denies defendants' request for a sanction under CCP § 128.5. 3. The court grants, in part,...
2020.02.28 Motion to Enforce Settlement 348
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.02.28
Excerpt: ...ugh that defendants should have corrected or warned of it. The parties reached a settlement of the action at the Mandatory Settlement Conference held on December 7, 2018. The parties agreed that, in exchange for a payment of $80,000 to plaintiff, she would dismiss her lawsuit as to all defendants with prejudice. Each side would bear its own costs. The parties stated that counsel would prepare a release that would memorialize the terms of the sett...
2020.02.28 Motion to Compel 432
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.02.28
Excerpt: ...ion arises from injuries allegedly suffered by plaintiff in a trip and fall incident which occurred on January 29, 2017, when plaintiff fell after stepping into a deep rut on the parkway adjacent to the sidewalk which abutted defendant's property. Plaintiff served a set of nine requests for admissions upon defendant on October 24, 2019, seeking defendant's admissions that, among other things, he owned the adjacent real property, was a licensed re...
2020.02.28 Demurrer 637
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.02.28
Excerpt: ...perated a commercial cannabis nursery located at 1628 Cravens Lane, Carpinteria. (Second Amended Complaint [SAC], ¶¶ 1, 8.) The nursery sector of the legal cannabis market does not produce cannabis flower/buds for market, but focuses on the earliest stages of plant development, including plant breeding and the productions of vegetative mother plants (up to nine months), clones (up to one month), and teens (up to three months). (SAC, ¶ 9.) In o...
2020.02.26 Motion to Transfer Action and Consolidate, Bifurcate Trial 243
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2020.02.26
Excerpt: ...the proceedings in this action are ordered stayed for thirty days. The motion for order bifurcating trial of the issue of liability from the issue of damages is denied. BACKGROUND: Plaintiff Courtney Crosby brings this action for personal injuries sustained in a helicopter crash that occurred on May 5, 2017, in Santa Barbara, California. Plaintiff was a passenger in the helicopter and was taking a tour of Santa Barbara when the pilot began experi...
2020.02.26 Motion to Set Aside Default 591
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2020.02.26
Excerpt: ...e address Aaron Valdis Gauss provides. The court denies plaintiff Saticoy Development Co., LLC's request for a penalty. Aaron Valdis Gauss shall file his verified answer to the complaint on or before March 9, 2020. Background: On August 1, 2019, the court entered the default of Aaron Valdis Gauss (“Gauss”). Pursuant to a court order, plaintiff served Gauss on June 25, 2019, by email addressed to [email protected]. Gauss lives in Taiwan. M...
2020.02.25 Demurrer 839
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.02.25
Excerpt: ...nt for violations of the Elder and Dependent Adult Civil Protection Act (W&I Code §§ 15600, et seq.) and breach of fiduciary duty against defendant Rena Felicia Smith, individually and as trustee of the Thomas Blatt Living Trust dated August 19, 2015 (the “Trust”). Plaintiff alleges: Plaintiff is the son of decedent Thomas “Toivi” Blatt and is a residual beneficiary of the Trust. [Complaint ¶5] Defendant is decedent's daughter. [¶8] P...
2020.02.25 Demurrer 553
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.02.25
Excerpt: ...ntiffs Robert Foote and Kathleen Foote (collectively “Foote”) allege: Defendant Roy Schrader borrowed $135,000 from plaintiffs as evidenced by a written note dated August 1, 2012. [Complaint ¶7] The note provides for $500 monthly payments through November 1, 2012, then $1,000 monthly payments through February 1, 2014, at which time the entire principal balance and accrued interest at 4% per annum would be due and payable. [¶9] Schrader made...
2020.02.25 Motion for Trial Preference 509
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.02.25
Excerpt: ...onday March 16, 17 [1/2 day–afternoon], 18, 19, 20, 21 and Monday March 23. Counsel are invited to meet and confer on how long the case will take and if it will be a bench trial or a jury trial and inform the Court at the hearing on 2/25 the dates and length of trial; will it be a bench trial or a jury trial? All trial documents including hearing briefs, witness lists, exhibit lists, in limine motions, due March 3, 2020 (courtesy copied to the ...
2020.02.25 Motion to Determine Prevailing Party and Award Expert Fees 177
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.02.25
Excerpt: ... were the prevailing party and are entitled to an award of expert witness fees is denied under either theory. 2. There has been a Cost Memorandum submitted seeking “expert fees (per 998) of $1,852.50” on 12/27/19; counsel are invited to comment on when “an order” related to an award of costs will be submitted in light of this decision. Background Judgment was entered on 12/17/19 after a 3-day bench trial. On 12/27 Brinkman filed a Memoran...
2020.02.25 Petition to Compel Arbitration 406
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.02.25
Excerpt: ...d A. Carman, Etehad Law APC RULING: For the reasons set forth herein, the motion of petitioner Reetz, Fox & Bartlett LLP to compel arbitration is granted in part to compel arbitration of issues arising from legal services provided by petitioner to or on behalf of: (1) respondent Alberto Rodriguez in connection with or in aid of the “Kellogg Avenue Project improper precondemnation activities by City of Goleta,” at any time, as to Rodriguez; (2...
2020.02.24 Motion to Compel Requests for Admissions, for Sanctions 277
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.02.24
Excerpt: ...ponses to requests for inspection of documents, to compel production, and for sanctions of $5,439 Plaintiff's motion to compel further responses to requests for admissions and for sanctions of $5,243.50 ATTORNEYS: Mark L. Eisenhut / Samuel G. Brooks of Call & Jensen for plaintiff Anthony J. Barron / Conor C. McNamara of Nixon Peabody LLP for defendant TENTATIVE RULINGS: All three motions are granted, in the manner articulated below. Further suppl...
2020.02.24 Demurrer 640
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.02.24
Excerpt: ...-complaint for breach of contract and elder abuse is sustained with leave to amend. Cross-complainant shall have to and including March 4, 2020 to file an amended pleading. BACKGROUND: Plaintiff Andre Neumann (“Andre”) is the son of defendant Gisela Neumann (“Gisela”) and together they are co-owners of a single family residence located at 6175 Manzanillo Drive, Goleta, California 93117 (the “Property”). The Property is encumbered by a...
2020.02.21 Motion to Enforce Settlement 086
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.02.21
Excerpt: ...ants shall prepare and lodge a judgment consistent with this ruling. Background: On January 8, 2018, plaintiffs Joe Granada, Jaime Flores Polanco, Alejandro Saavedra, Estaban Mora, Ismael Rodrigues, and Eduardo Isqueda filed their original complaint in this action against defendants Regents of the University of California (Regents) and Stephen Klock. On March 8 and May 17, 2019, the parties went to a mediation represented by counsel. (Miller decl...
2020.02.21 Motion for Summary Judgment, Adjudication 566
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.02.21
Excerpt: ...e complaint, plaintiff Strategic Emerging Economics, Inc. is the owner of real property located at 4630 Via Vistosa, Santa Barbara, California 93110 (the “Property”), having acquired the Property at a trustee's sale on November 27, 2019. Defendants David Shor and Judi Shor are the former owners of the Property. Following the foreclosure sale, defendants were allegedly served with a three-day notice to quit the premises, but they have failed a...
2020.02.21 Demurrer, Motion to Strike 456
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.02.21
Excerpt: ...our is denied in its entirety. (3) Defendants Bruce Tamao Hayashi and Janice Hayashi shall file and serve their answer to the first amended complaint on or before March 9, 2020. Background: As alleged in the first amended complaint (FAC) of plaintiff Allison Armour: Plaintiff Armour and defendants Bruce Tamao Hayashi and Janice Hayashi (collectively, the Hayashis) are neighbors owning adjoining parcels of real property. (FAC, ¶ 1.) Armour's prop...
2020.02.21 Demurrer 177
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.02.21
Excerpt: ...'s demurrer to the complaint with leave to amend. On December 6, 2019, Allied filed a first amended complaint (FAC) asserting a single cause of action for trade libel. Allied alleges: On October 7, 2015, Allied entered into an Agreement for Cardiovascular Perfusion Services with Santa Barbara Cottage Hospital, under which Allied would furnish perfusion personnel and perform perfusion services for Cottage as an independent contractor for a five-ye...
2020.02.19 Motion for Summary Judgment 060
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2020.02.19
Excerpt: ...idden high voltage cables. He filed his complaint on July 12, 2017, against original defendants Apeel Technology, Inc., dba Apeel Sciences, Inc. (erroneously sued as Apeel Services, Inc.); Southern California Edison; and Allergan Inc. (“Allergan”). The causes of action in the complaint are: 1) premises liability, 2) general negligence, 3) products liability (strict liability, negligence, and breach of implied and express warranties); and 4) n...
2020.02.19 Motion for Attorney Fees, to Tax Costs 938
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2020.02.19
Excerpt: ...s in the amount of $225,000. Plaintiffs' request for expert witness fees pursuant to Code of Civil Procedure Section 998 is denied. Defendant's motion for attorney's fees and Section 998 expert witness fees is denied. BACKGROUND: This is an action for personal injuries resulting from mold contamination at residential property located at 512 E. Victoria Street, Santa Barbara, California 93101. Plaintiff Linea Polk and her daughter, plaintiff Shann...
2020.02.19 Demurrer 675
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2020.02.19
Excerpt: ... allege that defendant Toby Landon Claude was driving a vehicle owned and entrusted by defendant EAN Holdings, Inc., and that he operated the vehicle in the course of his employment by defendant Hot Line Construction, Inc. Demurrer: Defendant EAN demurs to the complaint on the ground that plaintiffs only make conclusory allegations without facts supporting the conclusory allegations. EAN also contends the action is barred by the federal Graves Am...
2020.02.18 Demurrer 454
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.02.18
Excerpt: ...NG: Defendant Association's demurrer to plaintiffs' FAC is overruled. Defendant shall file and serve its answer to the FAC on or before February 28, 2020. BACKGROUND: This action concerns a private unit development called Shadow Hills in Santa Barbara, California. There are 18 single- family homes within the development. Plaintiffs Larry W. Lawson and Nancy Duong (the “Lawsons”) are the owners of real property located at 4433 Shadow Hills Bou...
2020.02.18 Motion for Summary Judgment, Adjudication 212
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.02.18
Excerpt: ... J. Gamberdella's motion for summary judgment or, in the alternative, summary adjudication. Background Plaintiff CARP Property, LLC (“CARP”), commenced this action on August 9, 2019. In its complaint, plaintiff alleges: On March 15, 2016, Rafi Tarakjian, sole manager, CEO, and sole member of CARP, entered into a Residential Income Property Purchase Agreement to purchase property at 4647 Carpinteria Avenue in Carpinteria from Efrain Corona, tr...
2020.02.14 Motion for Summary Judgment, Adjudication 566
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.02.14
Excerpt: ...llowing a foreclosure sale. Plaintiff Strategic Emerging Economics, Inc. is the owner of real property located at 4630 Via Vistosa, Santa Barbara, California 93110 (the “Property”), having acquired the Property at a trustee's sale on November 27, 2019. Defendants David Shor and Judi Shor are the former owners of the Property. Following the foreclosure sale, defendants were served with a three-day notice to quit the premises, but they have fai...
2020.02.14 Motion for Summary Judgment, Adjudication 106
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.02.14
Excerpt: ...nd: As set forth in the evidence submitted in support of this motion: On January 9, 2019, plaintiff Deutsche Bank National Trust Company, as Trustee for the WAMU Mortgage Pass-Through Certificates, Series 2004-AR-2 (Bank) purchased real property located at 374 Cinderella Lane, Santa Barbara (Premises) at a duly noticed Trustee's sale. (Request for Judicial Notice [RJN], exhibit A.) Bank perfected its title to the Premises by recording the Trustee...
2020.02.14 Motion for Preference in Trial Setting 324
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.02.14
Excerpt: ... 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. (Complaint, ¶ GN-1.) On October 9, 2019, Dr. Conway filed his answer to the complaint. On October 25, 2019, Dr. Conway filed his amended answer to the complaint. On December 31, 2019, Dr. C...
2020.02.14 Motion for Attorney Fees 622
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.02.14
Excerpt: ...e filing of two separate actions, and with the litigation of the second action through the filing of a second amended complaint, the conduct of discovery, a number of law and motion hearings (demurrer, three motions to quash deposition subpoenas filed by plaintiff, and defendant's motion for summary judgment), and through trial. Defendant prevailed at trial, and was awarded continued possession of the premises under the terms of the lease. Plaint...
2020.02.14 Demurrer 181
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.02.14
Excerpt: ...iding for month-to-month occupancy, and under which defendant agreed to pay monthly rent of $1,175.00. The agreement was entered into with plaintiff's predecessor in interest. Defendant was served with a 60-day notice to quit on October 22, 2019, by posting a copy on the premises and mailing a copy to defendant, because no person of suitable age or discretion could be found there. The notice included an election of forfeiture. The 60-day period e...
2020.02.10 Motion for Reconsideration 332
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.02.10
Excerpt: ...Dismissal with Prejudice and Motion for Sanctions against Defendant's Attorney for Purposely Violating California Rules of Court, Rule 3.1308, subdivision (a)(1). ATTORNEYS: Angelina R. Lane for Plaintiff Jane Doe Daniella T. Felix for Defendant Peter Searle Clark TENTATIVE RULING: Plaintiff's motion for reconsideration of the court's order dismissing her second and fifth causes of action with prejudice is denied. Plaintiff's motion for sanctions...
2020.02.10 Motion for Leave to File Amended Complaint 958
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.02.10
Excerpt: ...-Defendants Mortgage Co. of Santa Barbara and Carl Lindros: Eric A. Woosley For Defendant and Cross-Complainant Henry Aguila: Self-represented For Cross-Defendant Forward Beverly Hills, Inc., dba Keller Williams Realty and dba Keller Williams Commercial: Andrew L. Leff, Spile, Leff & Goor, LLP For Specially-Appearing Cross-Defendants Wolf Baschung, Guru Thapar, and Forward Beverly Hills, Inc.: Rinat Klier-Erlich, Michael Zaiderman, Manning & Kass...
2020.02.10 Demurrer 210
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.02.10
Excerpt: ...Cross-Complainant Tami Kerrigan: Jana S. Johnston, Daniella R. Scioscia-Regencia, Mullen & Henzell LLP TENTATIVE RULING: The demurrer of cross-defendant Allen Cohen to the cross-complaint of Tami Kerrigan is overruled in its entirety. Cohen shall file and serve his answer to the cross-complaint on or before February 25, 2020. Background: As alleged in the cross-complaint: Cross-complainant Tami Kerrigan and cross-defendant Allen Cohen's late wife...
2020.02.07 Motion to Vacate and Set Aside Default, Judgment 766
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.02.07
Excerpt: ...rly M. Jones (“Jones”) and defendant 1664 EVR, LLC (“1664 EVR”), a California limited liability company, entered into a written lease agreement for Jones and her children to occupy a single family residence owned by 1664 EVR, located at 1664 East Valley Road, Santa Barbara, California (the “Subject House”). The rent was $32,000.00 per month and the security deposit was $45,000.00. Jones and her children occupied the Subject House for ...
2020.02.07 Motion to Quash or Dismiss Amended Complaint 336
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.02.07
Excerpt: ...at plaintiff cannot cure the defect because it cannot sue the United States in this court. Background: On August 30, 2019, Qui Tam plaintiff Save the Valley, LLC (“STV”), filed its first amended complaint (“FAC”) on behalf of the Attorney General of the State of California, against defendants Chumash Casino Resort Enterprises (“CCRE”), Chumash Casino Resort (“CCR”), and seven individuals in their official capacities as representat...
2020.02.05 Motion for Preliminary Approval of Class Action Settlement 761
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2020.02.05
Excerpt: ...ncierge-style valet service for customers to find, pay, and tip for parking and for businesses and their valet companies to better manage parking. This putative class action is a wage and hour case which was filed by plaintiffs Trevor Kennedy and Karim Ebeid in Santa Barbara Superior Court on June 22, 2017. Its operative complaint alleges causes of action for (1) willful misclassification of employees as independent contractors, (2) unpaid overti...
2020.02.05 Motion for Attorney Fees 115
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2020.02.05
Excerpt: ...erwise denied. The court confirms an award of ordinary costs pursuant to Doe's memorandum of costs in the amount of $693.41. Background: On July 14, 2017, petitioner John Doe filed his petition for writ of administrative mandate in this action to require respondent Regents of the University of California (Regents) to set aside findings and sanctions issued against Doe. On July 3, 2019, the court held a hearing on the petition. On July 8, 2019, th...
2020.02.05 Request for Evidence and Issue Sanctions 837
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2020.02.05
Excerpt: ...26, 2019 Third Set of Requests for Admission; and Form Interrogatory #17.1 from its June 26, 2019 Second Set of Form Interrogatories. The court will discuss the trial date with the parties at the hearing on this motion. Background: In these consolidated cases, plaintiff 1998 Ampersand Aviation, LLC, formerly known as Ampersand Aviation, LLC, sues defendants Esperer Holdings, Inc. (“Esperer”), and Federal Express Corporation (“FedEx”) for ...
2020.02.05 Motion to Compel Mediation and Arbitration and to Stay Case 794
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2020.02.05
Excerpt: ...g the outcome of the arbitration. The court denies defendants' request for attorney fees. Background: On September 9, 2019, plaintiff Woody Boyce Builders filed its complaint for damages against defendants Mark Kidon and Darlene Kidon. Pursuant to a written contract dated January 28, 2018, plaintiff provided materials, equipment, and services for work on defendants' property at 113 San Clemente in Santa Barbara. Plaintiff alleges it is owed $49,6...
2020.02.05 Motion to Vacate Summary Judgment and Extend 180 Day Period on Bail Bond 912
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2020.02.05
Excerpt: .... 18CR10610 (the “criminal case”), American Surety Company (“Surety”) filed Bail Bond # AS150101501 in the amount of $100,000. The docket and records of the criminal case reveal the following activity: On January 24, 2019, the court entered a bail bond forfeiture when the defendant did not appear. On January 25, pursuant to Penal Code § 1305(b)(1), the clerk mailed a Notice of Forfeiture of Surety Bond to Surety and the bail agent, Santa...
2020.02.04 Motion to Amend Admission 578
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2020.02.04
Excerpt: ...for payment. Defendant Jose Orozco (“Orozco”) personally guaranteed all of Triple J's obligations under the Agreement. Beginning in June 2017, Triple J failed to pay plaintiff's invoices. Seven invoices remain unpaid, in the total amount of $29,169.68. Plaintiff filed its complaint on November 9, 2018, alleging breach of contract and three common counts against Triple J's. Plaintiff also alleged a cause of action for breach of personal guaran...
2020.02.03 Petition to Compel Arbitration or Stay Case 946
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.02.03
Excerpt: ... al. – Los Angeles) Tentative Ruling: The court denies defendant Santa Barbara Cottage Hospital's petition to compel arbitration and stay all civil court proceedings. Background: On December 4, 2018, plaintiff Onkar Singh filed his complaint against defendants Allied Health Resources, Inc., Santa Barbara Cottage Hospital, and Kevin Saiki. On November 13, 2019, Singh filed his first amended complaint (FAC) against Cottage and Doe defendants (the...
2020.02.03 Motion to Enforce Arbitration Agreement 247
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.02.03
Excerpt: ...itzki TENTATIVE RULING: The motion of defendant Dorota Lositzki to compel arbitration of the claims alleged in plaintiffs' second amended complaint is granted. All proceedings in this court are ordered stayed pending completion of the arbitration. Defendant's request for attorney's fees is denied. BACKGROUND: Plaintiff Montecito Care & More, Inc. (“MCM”) is a California corporation that provides assisted living facilities and personal care fo...
2020.02.03 Demurrer, Motion to Strike Punitive Damages 334
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.02.03
Excerpt: ...efendant City of Lompoc: Matthew K. Tom (Aleshire & Wynder – El Segundo) For State of Cal. Defendants: Gary Ostrick, Deputy Attorney General Tentative Ruling: 1. The court Sustains defendant City of Lompoc's demurrer to the first amended complaint of plaintiffs Brett Jerome Bronstad; Sarah Bronstad; Jessica G. Garcia, an individual and successor in interest to decedent Michael Garcia; and Michael H. Garcia, an individual and successor in intere...
2020.02.03 Demurrer 976
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.02.03
Excerpt: ...es, Linda Elias-Wheelock, Law Offices of McCarthy & Kroes TENTATIVE RULING: For the reasons set forth herein, the demurrer of defendant Mark T. Coffin to the first amended complaint, and to all causes of action therein, is sustained with leave to amend. Plaintiff Grace Design Associates, Inc., shall file and serve its second amended complaint, if it elects to do so, on or before February 19, 2020. Background: Defendant Mark T. Coffin (Coffin) is ...
2020.01.31 OSC Re Preliminary Injunction 826
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.01.31
Excerpt: ...t for attorney fees and costs. Background: This is a neighborhood dispute arising out of applications for construction of an accessory dwelling unit (ADU) on each of two properties owned by defendants. Plaintiff Arriba Way Citizens United (AWCU) seeks a preliminary injunction to prevent construction of the ADUs pending disposition of the merits of this action. Defendant Gregory M. Patronyk is the trustee of the Gregg Patronyk Revocable Trust date...
2020.01.31 Motion to Tax Costs 514
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.01.31
Excerpt: ...826.13, its costs for lodging and meals (unrelated to depositions) in the amount of $4,307.70, and its vehicle rental costs in the amount of $1,837.27. In all other respects, Armstrong's motion to strike or, in the alternative, to tax Harrison's revised cost memorandum is denied. BACKGROUND: This action arises out of a residential construction project that included a large wooden deck on property located at 1196 E. Mountain Drive, Santa Barbara, ...
2020.01.28 Motion for Determination of Attorney Fees 696
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2020.01.28
Excerpt: ... $99,000.00 to plaintiff and the following: “Ford will additionally pay Plaintiff's attorneys' fees, expenses and costs in the amount of $5,000.00 or, should the $5,000.00 be refused, Ford is willing to allow the Court to determine, based on a noticed motion filed pursuant to Civil Code section 1794(d), the amount of attorneys' fees, expenses and costs reasonably incurred by Plaintiff s counsel in the commencement and prosecution of this action...
2020.01.27 Application for TRO, OSC Re Preliminary Injunction 247
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.01.27
Excerpt: ..., and Malgorzata Laszuk: Matthew M. Clarke, Jason P. Koch, Kelley Clarke, PC For Defendant Dorota Lositzki: Beatriz Pimentel Flores TENTATIVE RULING: The application of plaintiffs Montecito Care & More, Inc., Radoslaw Laszuk, and Malgorzata Laszuk for issuance of a temporary restraining order and for issuance of an order to show cause re issuance of a preliminary injunction is denied without prejudice to the filing of a noticed motion for prelimi...
2020.01.27 Motion to Sever Trial 871
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.01.27
Excerpt: ... C. Ghizzoni, Michael M. Youngdahl, Christopher E. Dawood, Office of the County Counsel TENTATIVE RULING: The motion of defendants County of Santa Barbara, Patricia Dark, and Joseph J. Lockhart to sever trial is denied. Background: On September 4, 2015, plaintiff Stacy McCrory filed her original complaint in this action against defendants County of Santa Barbara (County) and Patricia Dark asserting causes of action for: (1) defamation; (2) neglig...
2020.01.27 Demurrer, Motion to Compel Further Responses 911
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.01.27
Excerpt: ...ette Rubin to Cross-Complaint of Construction Plumbing (2) Motion of Cross-Defendant Construction Plumbing ATTORNEYS: For Plaintiff McCoy Electric Corporation: Barton C. Merrill For Defendants, Cross-Complainants, and Cross-Defendants A. Stuart Rubin and Annette Rubin: Patrick C. McGarrigle, Michael J. Kenney, McGarrigle, Kenney & Zampiello For Cross-Defendant and Cross-Complainant The Las Canoas Co. dba Construction Plumbing: Daniel E. Engel TEN...
2020.01.27 Motion to Tax Costs 590
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.01.27
Excerpt: ...istant City Attorney, for Respondents City of Santa Barbara and Brian D'Amour Janet K. McGinnis for Real Parties in Interest Herbert Barthels and Herbert E. Barthels Trust TENTATIVE RULING: The motion of petitioners to tax real party in interest's costs in the amount of $48.00 and $15.00 (items 15 and 16 on the memorandum of costs) is granted. In all other respects, petitioners' motion to strike or tax costs is denied. BACKGROUND: On March 28, 20...
2020.01.24 Motion to Compel Further Answers 261
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.01.24
Excerpt: ... and all responsive documents, shall be provided on or before February 14, 2020. The requests for monetary sanctions by both sides are denied. Plaintiffs' motion to compel attendance, testimony, and production at depositions is denied. The parties shall meet and confer and proceed with the depositions of the custodian of records, the PMK witnesses, and Eric Shuman as proposed by defense counsel on December 16, 2019. The depositions shall be compl...
2020.01.22 Motion to Vacate Entry of Sister State Judgment 083
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2020.01.22
Excerpt: ...ns, one in Portage County, Ohio, and one in Summit County, Ohio. (Ault decl., ¶ 4.) In the performance of its business, Ault LLC uses medical imaging machines such as the iDR Direct Radiography Devices (iDR) manufactured by defendant iCRco, Inc. (iCRco). (Ault decl., ¶ 5.) In 2013, iCRco was contacted by a company in Ohio called Lupica Medical Systems (Lupica). (Neushul decl., ¶ 5.) Lupica was in the business of selling x-ray machines and want...
2020.01.22 Motion to Set Aside Dismissal 060
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2020.01.22
Excerpt: ... when he entered the area. Plaintiff was hospitalized in an induced coma following his injuries, and was not discharged until August 3, 2017. Plaintiff's complaint was filed on July 12, 2017. On November 14, 2017, plaintiff added Beyond Heating and Air, Inc. (BHA) as a Doe defendant, under the apparent belief that BHA had access to the utility area at the time plaintiff was injured. On January 2, 2018, BHA answered the complaint and served initia...
2020.01.22 Motion for Judgment on the Pleadings 330
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2020.01.22
Excerpt: ...22.04 in charges incurred by defendant on a credit account she had with plaintiff. The complaint was filed on June 26, 2019, alleging common counts causes of action. Defendant filed a General Denial on July 26, 2019. On July 30, 2019, plaintiff served Requests for Admissions on defendant, seeking to have her admit or deny all of the material elements of plaintiff's complaint. When defendant failed to timely respond to the request, plaintiff allow...
2020.01.22 Demurrer 894
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2020.01.22
Excerpt: ...dd Belforte allege that their two minor children, John Doe and James Doe, were sexually harassed and subject to sexual assault and battery while attending Camp Kesem at the University of California, Santa Barbara (“UCSB”) in July 2018. The wrongful and inappropriate conduct was allegedly perpetrated by another camper, age 16. Kesem is a national organization that operates summer camps for children who have a parent with cancer and has chapter...
2020.01.21 Motion to Enforce Settlement Agreement 406
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.01.21
Excerpt: ...d settlement agreement is ordered vacated. The parties are ordered to appear for a Case Management Conference on February 4, 2020, at 8:30 a.m., in this department, at which time the Court will set a new settlement conference date and trial date. BACKGROUND Plaintiff Smartvest Group, LLC (“Smartvest”) filed its original complaint against defendants D. Stephen Sorensen (“Sorensen”) and Pogo Services, Inc. (“Pogo”) on February 21, 2017,...
2020.01.21 Motion to Contest Good Faith Settlement 821
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2020.01.21
Excerpt: ...n near the accident, causing the collision. Plaintiff filed a complaint for negligence on May 23, 2019 against Nohemi Duran Vega, Jordana Marketing, and Maria Gonzalez. Defendants Jordana Marketing, Inc. and Maria Gonzales filed a cross-complaint on August 14, 2019, against Nohemi Duran Vega. On August 23, 2019, plaintiff dismissed Nohemi Duran Vega from her complaint. Nohemi Duran Vega subsequently filed an application for determination of good ...
2020.01.21 Motion for Summary Judgment 174
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.01.21
Excerpt: .... Popovich, N. Asir Fiola, Celeena B. Pompeo, Selman Breitman LLP For Defendants The Towbes Group, Inc., Trader Joe's Company, Dr. Earl M. Hill Family Limited Partnership, Cal-Real Properties, L.P., and Michael Towbes Construction and Development, Inc.: Anthony J. Ellrod, Natalya Vasyuk, Mannin & Kass Ellrod, Ramirez, Trester LLP RULING: (1) For the reasons set forth herein, the motion of defendant General Paving Management for summary judgment i...
2020.01.17 Demurrer 329 (2)
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.01.17
Excerpt: ...pril 29, 2016, pursuant to a written lease agreement, plaintiff leased premises to defendant located at 4436 La Tierra Lane, Carpinteria, California 93013. The lease payment was $3,600.00 per month, due on the first of the month. The initial lease term was twelve months, but the tenancy was later converted to month-to-month. In April 2018, defendant allegedly breached the rental agreement by failing to pay the required rent. On September 20, 2019...
2020.01.17 Motion for Attorney Fees 599
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.01.17
Excerpt: ...Vincent originally filed this action on July 19, 2016, in the San Francisco Superior Court. It was transferred to this Court in December 2016. In his first amended complaint, Vincent alleges that defendants The State of California, California Highway Patrol (“CHP”), and CHP Captain Mark D'Arelli terminated his 8-year employment in November, 2014, after he took an emergency medical leave of absence to locate and care for his disabled sister in...
2020.01.15 Motion to Compel Further Responses 119
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2020.01.15
Excerpt: ...motion, or at such other time as the Court may specify at the hearing on this motion. Background: On October 18, 2018, plaintiff Cortland T. Day, individually and as personal representative of the estate of Jana Whelan, his spouse, filed a complaint for dangerous condition of public property and negligence against defendants City of Carpinteria, Southern California Edison Company (SCE), Southern California Gas Company (SCG), and Lyles Utility Con...
2020.01.15 Motion to Vacate Dismissal and Enter Judgment 426
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2020.01.15
Excerpt: ...n August 2018, through execution of a Stipulation for Conditional Entry of Judgment. Under the stipulation, defendant agreed to make monthly payments (beginning at $200/month, and increasing over time to $500/month) toward the principal amount due of $19,750, plus the $468.95 in court costs incurred by plaintiff in bringing the action, for a total of $20,218.95. Payments were to begin in August, 2018, and the total amount would be paid off by Aug...
2020.01.14 Writ of Attachment 588
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.01.14
Excerpt: ...o supply mobile application platform owners as potential sources for defendant VERVE's internet advertising clients. The agreement was formed when plaintiff accepted and signed VERVE's open insertion order in Santa Barbara, California on December 4, 2018. A copy of the written agreement was attached to the complaint as Exhibit A. The agreement provides that it is governed by the AAA/IAB Standard Terms and Conditions for Internet Advertising for M...
2020.01.14 Motion to Compel Arbitration 485
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2020.01.14
Excerpt: ...”) entered into a contract with defendants on February 21, 2015, for legal services related to this real estate matter. On June 9, 2015, Association filed a complaint, which was assigned to Department 1, Judge Staffel (15CV02091). On September 5, 2015, Law Firm and defendants entered into another agreement to include litigation services. On August 17, 2017, Law Firm substituted out as counsel in Case No. 15CV02091. On August 22, 2019, Law Firm ...
2020.01.14 Motion for Summary Judgment 802
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.01.14
Excerpt: ...ogether with costs. BACKGROUND This is a medical malpractice action. On September 21, 2016, plaintiff Daniel Lipsius-Davis underwent total right knee replacement surgery at defendant Goleta Valley Cottage Hospital. The surgery was performed by defendant Graham Hurvitz, M.D. Defendant Emanuel Zusmer, M.D., provided anesthesia care to plaintiff during and after the surgery. Within 24 hours of the procedure, plaintiff began experiencing severe abdom...
2020.01.14 Motion for Judgment on the Pleadings 875
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.01.14
Excerpt: ... the pleadings on plaintiff's second cause of action for violation of Government Code Section 11135 is granted without leave to amend. Defendants' motion for judgment on the pleadings on plaintiff's third cause of action for violation of Education Code Sections 201 and 220 is granted with leave to amend. Any amended pleading shall be filed on or before January 24, 2020. Defendants' motion for judgment on the pleadings on plaintiff's fifth cause o...
2020.01.13 Motion to Strike or Tax Costs 381
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.01.13
Excerpt: ...er, and Olivia Schoer Family Trust: Rafael Gonzalez, Nathan E. Klouda, Mullen & Henzell L.L.P. For Defendant and Cross-Complainant Cholice J. Parker, individually and as trustee of the Parker Family Trust/ Survivor's Trust: Robert B. Locke TENTATIVE RULING: The motion of defendant and cross-complainant Cholice J. Parker, individually and as trustee of the Parker Family Trust/ Survivor's Trust, to strike or to tax costs is denied. The court affirm...
2020.01.13 Motion to Quash Service of Summons or to Stay or Dismiss Action for Inconvenient Forum 581
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.01.13
Excerpt: ...t Forum (2) Application of Plaintiffs for Preliminary Injunction ATTORNEYS: For Plaintiffs Alan Parsons and Appertaining LLC: Jeffrey D. Goldman, Rod S. Berman, Remi T. Salter, Jeffer Mangels Butler & Mitchell For Defendants John Regna and World Entertainment Associates of America, Inc.: Sean E. Macias, Macias Counsel, Inc. TENTATIVE RULING: (1) The motion of defendants John Regna and World Entertainment Associates of America, Inc., to quash serv...
2020.01.13 Motion to Establish Sequence of Discovery 591
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.01.13
Excerpt: ...ndants A. Stuart Rubin and Annette Rubin: Patrick C. McGarrigle, Michael J. Kenney, McGarrigle, Kenney & Zampiello For Cross-Defendant The Las Canoas Co. dba Construction Plumbing: Daniel E. Engel TENTATIVE RULING: The motion of cross-defendant The Las Canoas Co. dba Construction Plumbing for an order establishing the sequence of discovery is denied. Background: This action arises from construction work performed by plaintiff McCoy Electric Corpo...
2020.01.13 Motion for Protective Order, for Sanctions 646
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.01.13
Excerpt: ...efendant Stalwart Clean and Sober, Inc. TENTATIVE RULING: The motion is granted in part and denied in part, as articulated below. No sanctions are awarded. Background: This is an action for the wrongful death of John Charles Strumpfler (decedent), brought by his parents, John Strumpfler and Tracy Morris (plaintiffs). Decedent was a parolee with a severe heroin addiction, who died from a heroin overdose on March 24, 2017, while residing at a sober...
2020.01.10 Demurrer, Motion to Strike 062
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.01.10
Excerpt: ...verruled in its entirety. Cross-defendant shall file and serve its answer to the cross-complaint on or before January 27, 2020. (2) For the reasons set forth herein, the motion of cross-defendant Daniel Casey dba Deco Drywall & Plaster to strike portions of the cross-complaint of cross-complainants DD Ford Construction, L.P., and DDF Management, LLC, is denied in its entirety. Background: On June 11, 2019, plaintiff J. Michael Property Investors,...
2020.01.10 Application for Pro Hac Vice, Motion to Compel Arbitrations and Stay Litigation 505
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.01.10
Excerpt: ...State Bar of Texas, for admission pro hac vice to appear as counsel in this action are granted. (1) Motion to Compel Arbitration Background: As alleged in the operative complaint of plaintiff Remedial Construction Services, L.P. (RECON), this dispute arises from the demolition, remediation, and restoration of the Gaviota Terminal (the Project). (First Amended Complaint [FAC], ¶ 1.) Prior to RECON's involvement in the Project, defendants AECOM, I...
2020.01.10 Motion to Expunge Lien to Allow Sale of House 362
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.01.10
Excerpt: ...se of residential property located at 780 Ladera Lane, Santa Barbara, California 93108 (the “Property”). The loan was acknowledged by a promissory note, dated January 5, 2008, which provides that the $500,000.00 amount shall be paid back with interest at the rate of 6% annually, but if Michel cannot afford to make payments on the note, then the money shall be paid back, with interest, when the Property is sold. The note further provides that ...
2020.01.10 Motion for Summary Judgment, Adjudication 147
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.01.10
Excerpt: ...ance Company's 24th Affirmative Defense. The court orders Twin City Fire Insurance Company's 32nd Affirmative Defense stricken from the answer. Background: This is an insurance coverage action that plaintiff Somera Capital Management, LLC, commenced against defendants Twin City Fire Insurance Company and The Swett & Crawford Group, Inc. (There is no proof of service indicating service on defendant Swett & Crawford, which apparently merged into CR...
2020.01.10 Motion to Strike 253
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.01.10
Excerpt: ...t page 11, line 3, without leave to amend. The court orders stricken from the first amended cross-complaint ¶36; ¶46; prayer #5 at page 10, line 28; and prayer number 9 at page 11, line 6, with leave to amend. Background: On April 29, 2019, plaintiff 1240 E. Valley Rd., LLC (“1240”), commenced this action against defendants Andy Goldman and Jan Goldman, trustees of the Goldman Family Trust (“Goldman”). The parties own adjacent propertie...
2020.01.08 Motion to Vacate Summary Judgment and Extend 180 Day Period on Bail Bond 912
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2020.01.08
Excerpt: ...0 (the “criminal case”), American Surety Company (“Surety”) filed Bail Bond # AS150101501 in the amount of $100,000. The docket and records of the criminal case reveal the following activity: On January 24, 2019, the court entered a bail bond forfeiture when the defendant did not appear. On January 25, pursuant to Penal Code § 1305(b)(1), the clerk mailed a Notice of Forfeiture of Surety Bond to Surety and the bail agent, Santa Barbara B...
2020.01.08 Demurrer 965
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2020.01.08
Excerpt: ...endants Lawrence Farwell; EAN Holdings, LLC (“EAN”); and Enterprise Rent-a-Car of Los Angles, LLC (“Enterprise”), operated the motor vehicle, employed the persons who operated it; owned the motor vehicle that was operated with their permission; entrusted the motor vehicle; were agents and employees of the other defendants and acted within the scope of the agency; and negligently and carelessly serviced, repaired, maintained and/or inspect...
2020.01.07 Petition to Confirm Arbitration 260
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.01.07
Excerpt: ...r AMSS, LLC, in conformity with the arbitration award, including an award of attorney fees and costs in the amount of $122,611.37, plus prejudgment interest in the amount of $3,573.52. Petition: This dispute concerns a residential condominium located at 4729 Sandyland Cove, Carpinteria, California. Petitioner AMSS, LLC (“AMSS”) is the current owner of the condominium, which was previously owned by DLG Family Limited Partnership. In 2013, resp...
2020.01.07 Motion to Strike 177
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.01.07
Excerpt: ...heir entirety. The Court denies the motion in all other respects. Plaintiff City of Carpinteria shall file a first amended complaint without the stricken portions on or before January 17, 2020. Defendant Dario Pini shall file his answer to the first amended complaint on or before January 27, 2020. Complaint: On August 7, 2019, plaintiff City of Carpinteria filed its complaint for breach of contract, breach of the covenant of good faith and fair d...
2020.01.07 Motion to Determine Prevailing Party, for Attorney Fees 909
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.01.07
Excerpt: ...rd of attorney's fees in the sum of $5,909.75 and costs in the sum of $873.15 is granted. HVMC was the prevailing party in the underlying arbitration. BACKGROUND: On September 13, 2019, Hope Village Maintenance Corporation (“HVMC”) filed its petition to confirm arbitration award. HVMC is a homeowners' association and is responsible for managing and operating a 40-unit residential common interest development in Santa Barbara known as Hope Vill...
2020.01.07 Motion for Publication of Summons 334
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.01.07
Excerpt: ...ra County on May 24, 2018. Plaintiffs are Misael Espinoza and Luis Espinoza. Defendant is Alan Raymond Ewing. Motion: Plaintiffs move for an order approving and directing service of summons on defendant by publication in a newspaper of general circulation. In the motion, plaintiffs say the motion is based on their counsel's declaration, the declaration of a private investigator, and points and authorities. However, no memorandum of points and aut...
2020.01.06 Motion to Strike Costs 349
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.01.06
Excerpt: ... Plaintiff's motion to strike costs is denied. Defendants are awarded costs in the sum of $473.80. BACKGROUND: This is an unlawful detainer action. On July 25, 2017, defendants Jeff Thompson and Valerie Barlow entered into a written rental agreement for a studio apartment owned by plaintiff Lorene Cleary, located at 126 Loureyro Road, Studio L, Santa Barbara, California 93108. The term of the rental agreement was month-to-month, with the rent of ...
2020.01.06 Motion to Strike Causes of Action 332
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.01.06
Excerpt: ...led on his special motion to strike plaintiff's second and fifth causes of action for violation of Civil Code Section 1708.85 and civil extortion had plaintiff not voluntarily dismissed the two claims while the special motion to strike was pending and awards defendant his reasonable attorney's fees and costs related to the motion. Such fees and costs shall be determined by a separately noticed motion or as part of defendant's cost memorandum at t...

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