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2023.07.28 Motion for Order of Possession 059
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.07.28
Excerpt: ...ction. By this action, the City seeks to obtain the full fee interest of real property located at 2733 and 2735 De La Vina Street (the Property) in connection with the De La Vina Street Bridge Replacement Project (Project). (See Yanez decl., dated Mar. 28, 2023, ¶¶ 2-3.) The Project consists of the removal and replacement of the 100-year-old De La Vina Street bridge with a new bridge that meets current seismic, safety, and design standards. (Ya...
2023.07.28 Motion for Leave 458
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.07.28
Excerpt: ... will order this matter transferred to North County to be reset for hearing upon transfer unless plaintiff shows good cause for why this matter should not be transferred. Any papers responding to the court's ruling herein shall be filed and served on or before August 4, 2023. Background: Plaintiff David Noriega's complaint filed on June 29, 2022, alleges two causes of action for premises liability and negligence against defendants Floriano's Mexi...
2023.07.28 Motion for Order of Possession 058
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.07.28
Excerpt: ...seeks to obtain the full fee interest of real property located at 2726 and 2728 De La Vina Street (the Property) in connection with the De La Vina Street Bridge Replacement Project (Project). (See Yanez decl., dated Mar. 28, 2023, ¶¶ 2-3.) The Project consists of the removal and replacement of the 100-year-old De La Vina Street bridge with a new bridge that meets current seismic, safety, and design standards. (Yanez decl., ¶ 3.) The Project al...
2023.07.26 Motion for Approval of Settlement Under PAGA 778
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.07.26
Excerpt: ...rney's general act is denied without prejudice. Background Plaintiff Josefina Arzate filed her original class action complaint on February 25, 2022, against Coastal Blooms Nursery, LLC (“CBN”). After the filing of the original complaint CBN submitted an arbitration agreement signed by Plaintiff. On April 29, 2022, Arzate filed her first amended complaint (“FAC”), which is the operative complaint, adding a PAGA cause of action. The FAC all...
2023.07.26 Demurrer, Motion to Strike 753
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.07.26
Excerpt: ...Inc., Chad Sanchez, and David Esquer: Mark A. Love and Julie V. Oneto RULING For the reasons set forth below, Defendants Insulate SB, Inc., Chad Sanchez, and David Esquer's demurer to portions of Plaintiff's first amended complaint is overruled. Defendants Insulate SB, Inc., Chad Sanchez, and David Esquer's motion to strike portions of Plaintiff's first amended complaint is denied. Insulate SB, Inc., Chad Sanchez, and David Esquer shall file and ...
2023.07.24 Motion for Summary Judgment 217
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.07.24
Excerpt: ...mmary judgment is granted. The court has reviewed the proposed judgment submitted by Wells Fargo. Wells Fargo shall modify the proposed judgment to remove the costs. Costs are appropriately claimed by way of a memorandum of costs pursuant to California Rules of Court, rule 3.1700. Background: This action commenced on October 26, 2022, by the filing of the complaint by plaintiff Wells Fargo Bank, N.A. (“Wells Fargo”) against defendant Emma C. ...
2023.07.21 Motion to Vacate Dismissal and Enter Judgment 042
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.07.21
Excerpt: ...e a supplemental brief in accordance with this ruling that provides legal authority for the order requested in the present motion. Plaintiff shall give notice of this ruling to defendant at all known addresses. Background: On October 12, 2021, plaintiff Capital One Bank (USA), N.A. (Capital One) filed a complaint alleging one cause of action titled “Common Counts” against defendant Jennifer Lock (Lock). As alleged in the complaint, Lock becam...
2023.07.21 Motion to Transfer 681
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.07.21
Excerpt: ...gement Services, LLC (Partners) filed its complaint in this matter on February 17, 2023, alleging three causes of action against defendant Noble House Home Furnishings LLC (Noble House) for (1) breach of contract, (2) nonpayment on an open book account, and (3) nonpayment on an account stated. As alleged in the complaint, Partners provides temporary labor to businesses. Noble House is in the business of distributing home furnishings. On September...
2023.07.21 Motion to Compel Further Responses 266
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.07.21
Excerpt: ...er responses, including responsive documents, without objections other than those based on privilege, no later than August 11, 2023. 3. The motion to compel further responses to requests Nos. 6, 7, 8, 9, and 10 is denied, without prejudice as set forth below. 4. To the extent that defendant withholds documents based on privilege, defendant shall serve a privilege log identifying each responsive document withheld on the ground of privilege togethe...
2023.07.21 Motion for Summary Judgment 299
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.07.21
Excerpt: ...Management Services, LLC (Partners), published and disseminated a letter dated December 4, 2020 (the letter or subject letter), directly to BaronHR West's clients and business partners, and to a professional network in the staffing industry. (Complaint, ¶¶ 7, 22 & Exh. A.) In the letter, Partners made statements against BaronHR and its principal shareholder that were false and misleading, including that BaronHR was affiliated with “Checkmate ...
2023.07.21 Motion for Summary Judgment 019
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.07.21
Excerpt: ... (MTD) in 2006. (Plaintiff's Response Separate Statement [PSS], undisputed fact 1.) Olivera worked continuously for MTD from 2006 until March 2020. (PSS, undisputed fact 2.) During his employment with MTD, Olivera was represented by the International Brotherhood of Teamsters, Local 186 (Union). (PSS, undisputed fact 3.) Olivera's employment with MTD was covered by a collective bargaining agreement between MTD and the Union (CBA). (PSS, undisputed...
2023.07.21 Motion for Injunctive Order 591
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.07.21
Excerpt: ...ological father. Pursuant to a domestic violence restraining order issued by the Santa Clara County Superior Court, Case No. 1-08-CP- 016402, In the Matter of Theresa Colosi, Petitioner, and Christian Guier, Respondent, defendant was not allowed to have any unsupervised contact with John Doe. Starting in May 2019, defendant Cynthia Hann (Hann) was designated and hired to supervise Colosi's scheduled visitations with John Doe. On December 8, 2019,...
2023.07.19 Motion to Set Aside Default, Judgment 108
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.07.19
Excerpt: ...o Defendant entered on March 20, 2023, vacated. Service of the summons on Defendant as set forth in the proof of service filed on February 23, 2023, is ordered quashed. Any response to Plaintiff's complaint or challenge to service must be filed and served on or before August 16, 2023. No request for entry of default, if appropriate, as against Defendant may be filed prior to August 17, 2023. Background This action arises out of an alleged theft o...
2023.07.19 Motion to Vacate Summary Judgment, Reinstate and Exonerate Bail Bond 591
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.07.19
Excerpt: ...inal case 20CR07068, American Surety Company (ASC), through its bail agent Santa Barbara Bail Bonds, issued bail bond No. AS25-319743, in the amount of $25,000.00, on behalf of criminal Defendant Craig Glardon. On August 20, 2021, Glardon failed to appear at hearing and the Court ordered forfeiture of the bail. Notice of the forfeiture was mailed to ASC and Santa Barbara Bail Bonds on August 31, 2021. After being granted an extension, ASC filed a...
2023.07.19 Motion to Strike, to Compel Responses, for Sanctions 119
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.07.19
Excerpt: ...Brown & Schwartz, Lisa J. Brown, Law Offices of Lisa J. Brown For Defendants Shoreline Farms, LLC and Aviana Kjos: Lora D. Hemphill, Hager & Dowling RULING (1) For all reasons discussed herein, the motion of Defendant Dr. Steven Goss, D.V.M., to strike portions of Plaintiff's first amended complaint is ordered off-calendar. (2) Defendant's Motion to Compel Responses to Special Interrogatories (Set One) is granted. Plaintiff shall serve complete, ...
2023.07.18 Motion for Mistrial, to Disqualify Expert 925
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2023.07.18
Excerpt: ...ation and were privy to attorney-client communications and attorney work product, which was subsequently shared with plaintiff's counsel. On April 24, 2023, the court denied the motion, indicating it was going to ratify its tentative “without prejudice until it's too late.” (Rough transcript of April 24, 2023 Hearing, p. 3, ll. 13-26.) The tentative adopted by the court concluded that Union Oil failed to carry its burden to identify the natur...
2023.07.17 Motion to Compel Further Responses, for Monetary Sanctions 160
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.07.17
Excerpt: ...es of Christian Younger: R. Chris Kroes, Linda Elias-Wheelock, Law Offices of McCarthy & Kroes TENTATIVE RULING: The court continues the hearing on the motion of defendants Christian Younger and the Law Offices of Christian Younger to compel plaintiff to further respond to defendants' request for production of documents to August 21, 2023. On or before August 14, 2023, the parties shall submit a joint status report, or individual status reports, ...
2023.07.17 Motion to Compel Compliance with Discovery Obligations 319
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.07.17
Excerpt: ...B. McCloskey, Audrey Hendricks, Luke A. Schamel, Yetter Coleman LLP; Brian E. Klein, Theresa L. Huggins, Emily Steirwalt, Waymaker LLP For Defendants Plains Pipeline, L.P., Plains All American Pipeline, L.P., Plains GP Holdings, L.P., Plains AAP, L.P., Plains All American GP LLC, and PAA GP LLC: Henry Weissmann, Daniel B. Levin, Grant A. Davis-Denny, Robyn K. Bacon, Jeremy A. Lawrence, Colin A. Devine, Allison M. Day, Shannon Aminirad, Abraham Dy...
2023.07.17 Motion for Preliminary Approval of Class Action and PAGA Settlement 389
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.07.17
Excerpt: ...ion and PAGA Settlement ATTORNEYS: For Plaintiff Josefina Quiroz and all others similarly situated: Mehrdad Bokhour and Michelle Eshaghian For Plaintiffs Christian P. Adame Prado and Maria Torres: Kashif Haque and Joseph M. Szilagyi For Defendant Natural Pack, Inc.: Nicholas Kanter TENTATIVE RULING: The motion for leave to intervene is denied as moot. The motion for preliminary approval of class action and PAGA settlement is granted as follows: T...
2023.07.14 Motion to Compel Production, for Sanctions 501
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.07.14
Excerpt: ... in this action on October 20, 2020. On October 30, without any response having been filed by any party, Stiglmier filed his first amended complaint (FAC). The FAC asserted eight causes of action: (1) false arrest; (2) false imprisonment; (3) negligence; (4) battery; (5) intentional infliction of emotional distress; (6) violation of statutory duty to properly train officers; (7) violation of statutory duty to properly supervise officers in the fi...
2023.07.14 Motion to Compel Enforcement of Settlement Agreement 421
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.07.14
Excerpt: ...ff, is $335,000.00. (3) Plaintiff's counsel shall attempt to reduce the child-support lien and Medi-Cal lien and provide those amounts to defense counsel. Defense counsel shall issue separate checks to satisfy the liens. Plaintiff is responsible for any and all other liens that may exist. (4) There is a waiver of the provisions of Civil Code section 1542. (5) Defendants shall prepare a formal judgment, on these terms, and submit it to the court, ...
2023.07.14 Motion for Injunctive Order 591
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.07.14
Excerpt: ...ological father. Pursuant to a domestic violence restraining order issued by the Santa Clara County Superior Court, Case No. 1-08-CP- 016402, In the Matter of Theresa Colosi, Petitioner, and Christian Guier, Respondent, defendant was not allowed to have any unsupervised contact with John Doe. Starting in May 2019, defendant Cynthia Hann (Hann) was designated and hired to supervise Colosi's scheduled visitations with John Doe. On December 8, 2019,...
2023.07.12 Motion to Bifurcate Individual Case for Damages from Class Action for Declaratory and Injunctive Relief 820
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.07.12
Excerpt: ...is action was commenced on August 3, 2018, with the filing of Plaintiff's original complaint. The operative pleading is Plaintiff's Fourth Amended Complaint (4AC), filed February 4, 2022. It alleges that Plaintiff Grant Beall (Beall) was a tenant of 6606-6608 Del Playa, HSE, in Isla Vista, owned by Defendant Ronald L. Wolfe and Associates, Incorporated, a California Corporation dba Wolfe & Associates, Property Services (Wolfe). It is styled as a ...
2023.07.12 Motion for Terminating Sanctions, Monetary Sanctions, or to Compel Compliance with Court Order for Deposition 421
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.07.12
Excerpt: ...st All Defendants, Or, In the Alternative, to Compel Compliance with the Court's June 21, 2023 Order Requiring Defendants to Appear for Deposition and Produce Documents. Ruling Time is of the essence; the trial date is July 26, 2023. 1. Plaintiffs' Motion for Terminating Sanctions and Monetary Sanctions [$5,312] Against All Defendants is denied. 2. Plaintiffs' Alternative Motion to Compel Compliance with the Court's June 21, 2023 Order Requiring ...
2023.07.12 Motion for Summary Judgment 350
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.07.12
Excerpt: ...nd Frank Alfino, jointly and severally, in the amount of $109,088.53. Plaintiff shall present to the Court a judgment for entry consistent with this order. There is a pending discovery motion to deem matters admitted that is set for hearing on July 26. This is mooted by the grant of summary judgment against these parties and that date is vacated. Similarly, trial is now moot and the trial date is vacated. Background On January 26, 2022, Plaintiff...

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