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2020.01.06 Demurrer 591
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.01.06
Excerpt: ...oy Chen for Cross-Defendant Monterey Energy Group, Inc. TENTATIVE RULING: Monterey Energy Group, Inc.'s demurrer to the cross-complaint of Annette and Stuart Rubin is overruled. Monterey shall file and serve its answer to the cross-complaint on or before January 13, 2020. BACKGROUND: This action arises from construction work performed by plaintiff McCoy Electric Corporation (“McCoy Electric”) at real property owned by defendants Annette Rubin...
2019.9.27 Petition for Relief from Filing Requirement in Government Code 945.4 311
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.9.27
Excerpt: ...ll statutory references are to the Government Code.) Respondent County of Santa Barbara opposes the petition. Petitioner's son, Alex Braid, died while in custody at the Santa Barbara County Jail on July 5, 2018. On January 29, 2019, petitioner presented an application for leave to file a late claim pursuant to § 911.4. County denied that application on February 16, 2019. Petitioner contends that the cause of action did not accrue until July 3, 2...
2019.9.27 Motion for Approval of Class Action Settlement 838
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.9.27
Excerpt: ...kground information for the settlement, which was set forth in the Minute Order from the initial August 30, 2019 hearing on this matter. As that Minute Order reflects, this Court had a number of concerns regarding the settlement itself, and the provisions it made for notification of the class. The Court requested the parties to provide further information no later than September 20, 2019, that would assist it in evaluating the proposed class sett...
2019.9.27 Motion for Injunction Staying Proceedings 153
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.9.27
Excerpt: ...rimination case (case No. 19CV02931, the Discrimination Case). The plaintiff in the UD Case, The Parsons Group, Inc. (Parsons), is the defendant in the Discrimination Case; the plaintiff in the Discrimination Case, David Rea, is the defendant in the UD Case. The UD Case was filed on April 22, 2019. The UD Case is based upon a thirty-day notice to quit which asserts that Rea has violated the terms of his lease to premises located at 1116 De La Vin...
2019.9.27 Motion to Enforce Settlement 086
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.9.27
Excerpt: ...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., ¶ 2.) At the mediation on May 17, the parties agreed to a settlement. (Miller decl., ¶ 3 & exhibit A.) (Note: The declaration fails to include electronic bookmarks for exhibits as required by Rules of Court, rule 3...
2019.9.25 Motion to File Under Seal 536
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.9.25
Excerpt: ...filed herein on August 8, 2019; in place of Exhibits 3 and 4 will be pages indicating the exhibits are “filed under seal”; Exhibits 3 and 4 will be filed under seal; Plaintiff's Opposition to Defendant's Motion for Judgment on the Pleadings filed on August 8, 2019, shall be filed under seal; and a redacted version of Plaintiff's Opposition to Defendant's Motion for Judgment on the Pleadings, with lines 17-22 on page 6 redacted, shall be place...
2019.9.24 Motion for Summary Judgment, Adjudication 578
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2019.9.24
Excerpt: ...y products to Triple J's, in return for Triple J's payment therefor. As an inducement to plaintiff to enter into the Agreement, defendant Jose Orozco (“Orozco”) signed a written Personal Guaranty, agreeing to personally guarantee all of Triple J's obligations under the Agreement. Plaintiff would not have entered into the Agreement and provided products to Triple J's if Orozco had not provided the Personal Guaranty. Beginning in June 2017, Tri...
2019.9.24 Demurrer 011
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2019.9.24
Excerpt: ...ernative, the mortgage servicer shall promptly establish a single point of contact and provide to the borrower one or more direct means of communication with the single point of contact.” This is plaintiff's third attempt to allege facts that are sufficient to support this cause of action. Defendant demurs. As is relevant to the demurrer, Plaintiff alleges: “Plaintiff also repeatedly demanded a "single-point of contact" be assigned by...
2019.9.24 Demurrer 449
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.9.24
Excerpt: ...first amended complaint, without leave to amend. Background After the Court sustained the demurrer of defendants Jackson and Engberg Medical Corporation, dba Jackson Medical Group, Inc. (“Jackson”), and Nancy Warner, NP (“Warner”), to plaintiff's complaint, plaintiff Laurie Ann Humberd filed her first amended complaint (“FAC”) for negligence, strict liability, and battery. Plaintiff asserts the negligence and strict liability causes o...
2019.9.24 Demurrer, Motion to Strike 165
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.9.24
Excerpt: ...o amend, as to the uncertainty created by the failure to clearly articulate which capacities in which the causes of action for professional negligence, breach of fiduciary duty, conversion, and accounting are being prosecuted. In all other respects, the demurrer is overruled. The motion to strike is denied in its entirety. To the extent leave to amend has been granted, plaintiff shall file any further amended complaint on or before October 8, 201...
2019.9.24 Demurrer, Motion to Strike 185
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.9.24
Excerpt: ...sts for Admissions ATTORNEYS: For Plaintiff Edmund Prehoden, Jr.: Derek J. Wilson For Defendants, Cross-Complainants, and Cross-Defendants Old Town Hospitality, Inc., dba Sand Bar and erroneously sued as Baja Sharkeez Restaurant Group, and Aron Ashland: Edmund G. Farrell III, Vanessa H. Hubert, Murchison & Cumming, LLP For Defendant Teak Warehouse, Inc.: Danielle Kuck, Wood, Smith, Henning & Berman, LLP RULING: (1) For the reasons set forth herei...
2019.9.24 Motion for Attorney Fees 188
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.9.24
Excerpt: ...s on or before October 1, 2019. Respondent Westmont College shall file and serve its response supplemental papers on or before October 8, 2019. Doe shall file and serve his reply supplemental papers on or before October 15, 2019. Hearing on this matter is continued to October 22, 2019, at 9:30 a.m. Background: Respondent Westmont College (Westmont) is a Christian-based post-secondary private educational institution. Petitioner John Doe, a freshma...
2019.9.24 Motion for Protective Order 571
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.9.24
Excerpt: ...while representing defendant for a period of time in a family law proceeding. The complaint alleged causes of action for breach of written contract and common counts for account stated and for services rendered. After Suleimanagich's demurrer was ordered off calendar for failure to comply with Code of Civil Procedure section 430.41, he answered the complaint in pro per on August 29, 2018. In a July 1, 2019 minute order, the Court allowed plaintif...
2019.9.24 Motion for Summary Adjudication 847
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2019.9.24
Excerpt: ...provide rest periods; 5) waiting time penalties; 6) failure to keep and provide accurate wage statements; 7) failure to reimburse business expenses; 8) unfair business practices; and 9) violation of the California Private Attorney General Act (PAGA).[1] Defendants own and operate a private post-secondary education institution. According to the operative pleading, plaintiff and the proposed class were employed by defendants within 4 years of the f...
2019.9.23 Motion to Strike Costs 178
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.9.23
Excerpt: ...�� Los Angeles) For Defendant Peter Westen: R. Chris Kroes, et al. (McCarthy & Kroes) Tentative Ruling: The court grants, in part, plaintiffs Nicole Nagel and ESY Investments, LLC's motion to strike or tax costs in defendant Peter K. Westen's memorandum of costs. The court orders taxed a total of $10,351.79 in costs, leaving $45,642.95 in allowable costs. Background: After years of litigation, the court entered an order dismissing the entire acti...
2019.9.23 Motion to Set Aside Default 429
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.9.23
Excerpt: ... and orders the general denial filed herein on August 6 is deemed filed as of this date. Background: On May 7, 2019, plaintiffs David G. Bertrand and Dorothy Churchill-Johnson filed their complaint against defendant Jessica Berry for 1) libel, 2) defamation per se, 3) intrusion, 4) intentional infliction of emotional distress, 5) unfair business practices, 6) elder abuse, 7) quantum meruit, and 8) unjust enrichment/restitution. On May 29, the cou...
2019.9.23 Motion to Compel Production of Docs 339
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.9.23
Excerpt: ...ant: Steve R. Belilove (Kaufman, Dolowich & Voluck – Los Angeles Tentative Ruling: The court denies plaintiff Filippini Wealth Management, Inc.'s motion to compel production of documents and request for a monetary sanction. Background: This action arises out of plaintiff Filippini Wealth Management, Inc.'s lease of commercial property from defendant and cross-complainant Max Baril. Defendant Meridian Group Real Estate Management, Inc., manages ...
2019.9.20 Motion for Summary Judgment, Adjudication 198
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.9.20
Excerpt: ...s had knowledge of the alleged joint venture agreement between plaintiff and the Moller defendants and whether they were legally justified in selling the Hotel to the Moller defendants are triable issues of fact. BACKGROUND: This action arises out of an alleged joint venture agreement to acquire, develop, and manage an 11-story, 210-room hotel. Plaintiff Windsor Capital Group, Inc. (“Windsor”) is a real estate investment company. Patrick Nesb...
2019.9.20 Demurrer 880
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.9.20
Excerpt: ...gory Lowry, Inc. (collectively “Lowry”), filed their complaint for 1) breach of contract, 2) breach of the covenant of good faith and fair dealing, 3) fraud, 4) negligent misrepresentation, and 5) conversion against defendants Thomas Kaljian and Kaljian Santa Barbara, LLC (collectively “Kaljian”). Lowry alleges: Lowry is a dentist and sole practitioner. [Complaint ¶15] Lowry entered into a lease with Kaljian's predecessor for premises at...
2019.9.20 Demurrer, Motion to Strike 820
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.9.20
Excerpt: ...f the second amended complaint is granted to strike, without leave to amend, paragraph 3 of the prayer (“A Declaration of the respective rights and duties of the parties”), and is in all other respects denied. (3) Defendant Ronald L. Wolfe & Associates, Incorporated, shall file and serve its answer to the second amended complaint on or before October 7, 2019. Background: (1) Allegations of Second Amended Complaint Plaintiff Grant Beall (Beall...
2019.9.20 Motions to Compel Further Responses, Demurrer, Motion to Strike 263
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.9.20
Excerpt: ...nses to form interrogatories, special interrogatories, production demands, and requests for admissions. The Court notes that the demurrer and motion to strike provided adequate notice of hearing. The motions to compel did not. Given that plaintiff's attorney is located in Las Vegas, Nevada, service of any motion by or upon him is subject the provisions of Code of Civil Procedure section 1005(b), wherein the required 16 calendar day notice period ...
2019.9.20 Motion to Strike 869
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.9.20
Excerpt: ... prevailing defendant entitled to an award of attorney fees and costs against plaintiffs to be fixed as provided by law. Background: On July 24, 2019, plaintiffs Jasper Allen and Debra Jackson filed their complaint in this action asserting causes of action for defamation against defendant Jacqueline Hundley Reid. The complaint alleges: Reid is the President of the Santa Barbara Unified School District (SBUSD). (Complaint, p. 2.) Plaintiffs Allen ...
2019.9.20 Motion to Increase Amount of Bond Provided by Judgment Debtor 003
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.9.20
Excerpt: ...n five days of the date of this order. BACKGROUND: For approximately 18 months, plaintiff and judgment creditor Butler America, LLC (“Butler”) provided staffing services to defendant and judgment debtor Aviation Finance Services, LLC (“AFS”). Butler supplied AFS with employment personnel and then invoiced AFS for the employees' salaries and related expenses. Almost immediately, however, the balances on Butler's invoices began to accumulat...
2019.9.20 Motion for Good Faith Settlement 391
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.9.20
Excerpt: ...it made to injured employee Travis Bean (Bean). After serving a notice upon Bean regarding the pendency of the action, Regents filed a notice that it would be dismissing its action against Harper and Tierra. Bean then sought and was permitted to intervene, ultimately filing his Complaint-in Intervention on October 20, 2017. Regents' complaint was then dismissed on December 5, 2017, and Bean has pursued the action seeking additional damages for th...
2019.9.18 Motion to Strike Answer 244
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.9.18
Excerpt: ...previously filed with the court with respect to this motion on defendant Surveillance Security, Inc., on or before September 25, 2019, and shall file proof of service of such documents on or before September 27, 2019. The hearing on the motion shall be ordered off calendar and no appearances are required if, on or before noon on October 21, 2019, Surveillance Security, Inc., files a substitution of attorney identifying an attorney appearing for S...
2019.9.18 Motion to Modify Class Definition 104
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.9.18
Excerpt: ... Isla Vista, California. Defendant owns several rental properties in Santa Barbara County. At the commencement of the tenancy, plaintiff was required to pay a $1,370.00 security deposit to defendant. When plaintiff vacated his unit at the end of the lease term, defendant allegedly failed to return his security deposit within the time period specified by law or provide a written accounting of all monies deducted from the deposit. Plaintiff's first...
2019.9.17 Motion to Compel Production of Docs 422
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.9.17
Excerpt: ...d. Background: Plaintiff filed her original complaint on September 7, 2018, naming as defendants Coldwell Banker Residential Brokerage Company and its agents or employees, Susan Burns, Susan Conger, and Kathleen Marvin. In her operative First Amended Complaint she alleges causes of action for (1) violations of Civil Code sections 1102, (2) fraudulent concealment, (3) breach of fiduciary duty, and (4) financial elder abuse. She alleges that, with ...
2019.9.11 Motion to Strike or Tax Costs 473
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.9.11
Excerpt: ...ember 18, 2018, along with attorneys' fees pursuant to Civil Code section 1717.5 according to proof. Defendant Longaberger answered, in pro per, on February 21, 2019, denying that any funds were owed to plaintiff. Defendant substituted an attorney into the action on his behalf on June 11, 2019. Plaintiff filed a Request For Dismissal, without prejudice, on July 8, 2019. Defendant thereafter filed a Memorandum of Costs, seeking a total of $1,739.9...
2019.9.11 Motion for Protective Order 322
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.9.11
Excerpt: ...ali, Santy Kazali, and Harry Kazali. The original complaint was filed on July 2, 2018. Harry and Santy Kazali, dba Days Inn of Santa Barbara, filed a cross- complaint against Wasito and Soenjoto. The original cross-complaint was filed on November 8, 2018. The litigation of this matter has been contentious. On October 31, 2018, the court set trial for June 5, 2019. On March 27, 2019, the court continued the trial date to its currently scheduled da...
2019.9.10 Motion to Compel Arbitration 000
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.9.10
Excerpt: ...h herein, the motion of defendant Armstrong Associates, Inc., joined by defendant Arlington Theatre Property, LLC, to compel arbitration is granted and plaintiff Alderman & Sons is ordered to arbitrate its claims. This action is ordered stayed pending completion of the arbitration or further order of the court. Background On April 15, 2019, plaintiff Alderman & Sons, Inc., (Alderman) filed its complaint in this action for breach of contract and f...
2019.9.10 Demurrer, Motion to Strike 829
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2019.9.10
Excerpt: ...e area for cannabis cultivation. Defendants Francine Shulman and Emerald Sky Agricultural Acquisition, LLC wanted to buy the property and develop to grow cannabis. In July 2017, plaintiffs entered a Purchase and Sale Agreement (PSA) for $7.5 million dollars. Escrow was to close on January 15, 2018. Shulman wanted to occupy the property prior to close of escrow, so the parties entered into a lease agreement from July 15, 2017 through January 15, 2...
2019.9.10 Motion to Strike Complaint 871
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.9.10
Excerpt: ...rikes the entirety of the complaint of plaintiffs Jasper Allen and Debra Jackson. The Court finds that defendant Caston is the prevailing defendant entitled to an award of attorney fees and costs against plaintiffs to be fixed as provided by law. Background On July 24, 2019, plaintiffs Jasper Allen and Debra Jackson filed their complaint in this action asserting causes of action for defamation against defendant Marianne D'Emidio-Caston (Caston). ...
2019.9.10 Motion to Compel Further Responses 443
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.9.10
Excerpt: ... to compel further responses to special interrogatories and form interrogatories, sets one, and motion to compel further responses to request for production of documents. The Court orders plaintiff Hee S. Yun to provide further responses to form interrogatories ##9.1, 9.2, and 14.1 and special interrogatories ##18, 19, 20, 21, 22, 26, 27, 30, 31, 39, 41, 42, 43, and 44. The Court orders plaintiff Steve Yun to provide further responses to form int...
2019.9.9 Motion for Protective Order 717
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.9.9
Excerpt: ...of the Caroline Henning Trust, and James E. Henning: Charles M. Oxton, Georgia L. Staab, Eric B. Gans For Defendant John Mogens Henning, individually and as personal representative of the Estate of Caroline Jane Winther: James F. Scafide, Tyler Sprague, Scafide Law Firm, PC For Defendant Robert Ramirez: David J. Tappeiner, Fell, Marking, Abkin, Montgomery, Granet & Raney, LLP TENTATIVE RULING: The motion of defendant John Mogens Henning for a pro...
2019.9.9 Motion to Transfer 271
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.9.9
Excerpt: ...ikson (Erikson Law Group – Los Angeles) Tentative Ruling: The court denies th motion of plaintiff Jophe Jones to transfer and consolidate actions. Background: A. The Santa Barbara Action: Plaintiff Jophe Jones and defendant Julia Riva are sisters and the sole officers, directors, and shareholders of defendant Four Jays Music Company (“Four Jays”), a company whose principal business is marketing and collecting royalties from music composed b...
2019.9.6 Motion for Leave to Conduct 2nd Physical Exam 765
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.9.6
Excerpt: ...o Cases including ex parte matters will be called at 9 a.m. Please check in with the courtroom clerk by 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you wish to submit on the court's tentative decision, please send an email to the court at: [email protected]. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order ...
2019.9.6 Motion to Strike Complaint 869
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.9.6
Excerpt: ...evailing defendant entitled to an award of attorney fees and costs against plaintiffs to be fixed as provided by law. Background: On July 24, 2019, plaintiffs Jasper Allen and Debra Jackson filed their complaint in this action asserting causes of action for defamation against defendant Jacqueline Hundley Reid. The complaint alleges: Reid is the President of the Santa Barbara Unified School District (SBUSD). (Complaint, p. 2.) Plaintiffs Allen and...
2019.9.4 Motion for Change of Venue 686
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.9.4
Excerpt: ...ndants and against counsel for plaintiffs, attorneys A. Barry Cappello, Leila J. Noel, Lawrence J. Conlan, Cappello & Noel LLP, in the amount of $3,500.00. Costs and fees shall be paid as provided in Code of Civil Procedure section 399. Background: On April 2, 2019, plaintiffs William Parrish and E. Timothy Fitzgibbons filed their complaint in this action asserting five causes of action: (1) professional negligence; (2) breach of fiduciary duty; ...
2019.9.4 Motion to Bifurcate Issue 639
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.9.4
Excerpt: ...nt alleges that Child made certain representations to her that indicated inappropriate sexual contact between plaintiff and Child. On May 23, 2016, defendant videotaped Child describing the contact and thereafter provided the videotape to two marriage and family therapists. The therapists created reports of the alleged sexual abuse and transmitted the reports to Child Welfare Services. Plaintiff was thereafter arrested, but the Santa Barbara Dist...
2019.9.4 Motion to Compel Compliance with Order for Terminating and Other Sanctions 244
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.9.4
Excerpt: ...erve notice of this ruling on counsel for defendant (the moving parties in motion to be relieved as counsel), including in the notice the court's identification of the fact that the order relieving such counsel is by its terms not yet effective based on the lack of filing proof of service of the order on defendant. Proof of service of the notice of this ruling shall be filed with the court no later than September 9, 2019. Background: On October 2...
2019.9.4 OSC Re Compliance with Investigative Subpoena 481
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.9.4
Excerpt: ...NFS) for possible illegal conduct, including the unauthorized practice of law, operation of an unregistered lawyer referral service, violation of the Legal Document Assistant statute, and false advertising. On May 3, 2018, the State Bar sent a Cease and Desist letter to Eric Campbell, a co-owner and manager of NFS, expressing its opinion that NFS has engaged in the unauthorized practice of law and should immediately cease and desist from doing so...
2019.9.4 Demurrer 163
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.9.4
Excerpt: ...pects overruled. Background: On December 17, 2018, plaintiff People of the State of California (People) filed their original complaint in this action asserting causes of action for (1) violation of Health and Safety Code section 25189.2, (2) Health and Safety Code section 25299, subdivision (a), (3) Health and Safety Code section 25515, and, (4) violation of Business and Professions Code section 17200 et seq. (UCL). The complaint seeks permanent ...
2019.9.3 Motion to Waive Requirements for Posting Bond 488
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2019.9.3
Excerpt: ...60.69 from Solvang Brewing Co. and Stephen M. Renfrow. Notice of Appeal[1] was timely filed with this court on July 3, 2019. (Lab. Code, § 98.2.) On July 5, 2019, Solvang Brewery filed a motion for an order waiving the requirement of a bond. Opposition was filed on August 7, 2019 and reply on August 13, 2019. As a condition to filing an appeal, an employer seeking de novo judicial review of a Labor Commissioner's order “shall first post an...
2019.8.30 Motion for Summary Judgment 174
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.8.30
Excerpt: ...ctions of up to $1,500 shall not be imposed for violation of California Rules of Court, rules 3.1350(f)(2), (f)(3) and 3.1113(k) by counsel's failure to file an opposition separate statement with required contents in the proper format and filing papers with the required citations. Plaintiff's counsel shall file his response to this order to show cause on or before September 11, 2019. Background: Plaintiff Charles Franzen, a minor, filed his compl...
2019.8.30 Application for Leave to File Complaint in Intervention 703
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.8.30
Excerpt: ... William Kinsella and Snejana Kinsella filed their complaint against defendants Joel Bautista Garcia and Great Oaks Operations, LLC. Garcia was driving a vehicle owned by his employer, Great Oaks. Motion: Hallesche Krankenversicherung, A.G. (“HKV”), a travel insurance carrier headquartered in Stuttgart Germany, moves for leave to file a complaint in intervention. Plaintiffs oppose the motion. Plaintiffs are residents of Germany who were vacat...
2019.8.30 Motion for Protective Order 351
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.8.30
Excerpt: ...uments for deposition as set forth herein. Unless the parties agree (on the record or in writing) or the court orders otherwise, the deposition shall take place on September 4, 2019, at the time and location set forth in the deposition notice. To the extent that declarations are provided as permitted herein in lieu of testimony or production of documents, such declarations shall be served on counsel for plaintiff at or prior to the commencement o...
2019.8.30 Motion for Summary Judgment 066
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.8.30
Excerpt: ...otice to perform a covenant of her written lease; to wit: compliance with Santa Barbara Municipal Code § 22.04.010, subdivision (K), and incorporated International Property Maintenance Code § 404.5, by exceeding the maximum allowed occupancy of the rental unit. The bedroom of the rental unit is 109 square feet, limiting the occupancy of the rental unit to two persons. The rental unit is now occupied by six persons. Defendant answered the compla...
2019.8.30 Motion for Summary Judgment 112
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.8.30
Excerpt: ...ankle. Examination and MRI studies showed end-stage degeneration of the ankle. On October 11, 2016, defendant replaced plaintiff's right ankle with an artificial ankle through a procedure known as STAR (“Scandinavian Total Ankle Replacement”) arthroplasty. The procedure initially appeared to be successful, but within a few months plaintiff began to experience pain, swelling, and decreased range of motion in her ankle. After approximately eigh...
2019.8.30 Preliminary Approval of Class Action 838
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.8.30
Excerpt: ...d this action on February 13, 2019, alleging (1) violation of Civil Code section 1749.5, (2) violation of Consumer Legal Remedies Act, (3) violation of Business & Professions Code sections 17200, et seq. [Unfair Competition Law]; (4) violation of Business & Professions Code sections 17500, et seq. [False Advertising Law], (5) Money had and received, and (6) declaratory relief. All of the causes of action arise from plaintiff's visit to a Californ...
2019.8.27 Demurrer 279
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.8.27
Excerpt: ...onal infliction of emotional distress cause of action is sustained, with leave to amend on or before September 10, 2019. BACKGROUND Second Amended Complaint: Plaintiff filed her original complaint on April 30, 2019, and her first amended complaint on June 7, 2019, prior to defendant's appearance in the case. Plaintiff's second amended complaint (SAC) was filed July 3, 2019, pursuant to the stipulation of the parties. The SAC alleges causes of act...
2019.8.27 Demurrer 652
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.8.27
Excerpt: ...nd for failure to plead an actionable claim. The Court finds that defendant's use of the term “artisan” in its snack cracker products is not deceptive or misleading to the average consumer as a matter of law. The Case Management Conference is ordered off calendar as unnecessary under the circumstances. BACKGROUND: This is a putative class action lawsuit. Plaintiff Jennifer O'Neil, individually and on behalf of all other purchases of Blue Diam...
2019.8.27 Motion for Peremptory Writ of Mandate to Enforce California Public Relations 579
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.8.27
Excerpt: ...ymour For Respondent/Defendant: Timothy E. Metzinger, et al. (Price, Postel & Parma) Ruling: The Court grants petitioner/plaintiff Painted Cave Ad Hoc Committee's motion for a preliminary injunction to enforce the Brown Act and motion for peremptory writ of mandate to enforce the California Public Records Act. Counsel for petitioner/plaintiff shall prepare orders consistent with the ruling below. Petition and Complaint On March 22, 2019, petition...
2019.8.27 Motion for Relief from Default 704
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2019.8.27
Excerpt: ...lack of ADA-compliant parking. The complaint was served on Western & Main Street Drive In Liquor on October 5, 2018 by substituted service and on Taian Muneef on October 12, 2018 by substituted service. (See Proofs of Service filed on November 5, 2018 [Western & Main Street Drive In Liquor] and November 28, 2018 [Taian Muneef].) Neither defendant filed an answer or other responsive pleading. On January 21, 2019, default was entered as requested a...
2019.8.27 Motion to Approve Minor's Compromise 715
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.8.27
Excerpt: ...ette C. Brouses, Shannon Popovich, Michael A. Eger, Daniels, Fine, Israel, Schonbuch & Lebovits, LLP For Defendants Amy Boyle and Century 21 Butler Realty: Daniel S. Cho, Joshua W. Miller, Nicolson Law Group, PC RULING: Subject to confirmation at the hearing on this matter of the petitioner's intent as to payment of settlement proceeds as discussed herein, the petition to approve the compromise of minor plaintiff Chloe Doherty is granted. Backgro...
2019.8.26 Motion for Leave to File Complaint 591
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.8.26
Excerpt: ...nts and cross-complainants A. Stuart Rubin and Annette Rubin. Richard H. Glucksman / Brian D. Kahn / Jeffrey N. Stewart of Chapman Glucksman Dean Roeb & Barger for cross-defendant and cross-complainant McCoy Electric Corporation and cross- defendant Richard Ray McCoy TENTATIVE RULING: As discussed below, the motion will be granted. Background: This action arises from construction work performed by plaintiff McCoy Electric Corporation at property ...
2019.8.26 Motion to Enforce Settlement, for OSC Re Contempt 128
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.8.26
Excerpt: ... MSLTD, LLC, Lee McPherson, and Christopher Beary Jeffrey P. Walsworth for Defendants and Cross-Complainants Fiore Management, LLC and Adrian Z. Sedlin James A. Anton for Intervenor HCB Financial Corporation TENTATIVE RULING: Plaintiffs' motion for order enforcing the settlement agreement by entering a “partial judgment” against defendants is denied based on the one judgment rule. Plaintiffs' motion for Order to Show Cause re Contempt is deni...
2019.8.21 Motion to Compel Further Responses 322
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.8.21
Excerpt: ...Interrogatories ##18 and 25. The court orders defendant Adi Kazali to provide telephone numbers for all individuals identified in response to Form Interrogatory #201.6 and Special Interrogatories ##18, 25, and 26. The court orders defendant Santy Kazali to provide telephone numbers for all individuals identified in response to Form Interrogatory #201.6 and Special Interrogatory #18. To the extent defendants do not have personal knowledge sufficie...
2019.8.21 Motion for Judgment on the Pleadings 536
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.8.21
Excerpt: ... On February 12, 2018, plaintiff was demoted by defendant Santa Barbara Unified School District (“District”) from his position as principal of SMHS to classroom social studies teacher. Plaintiff alleges that his demotion was in retaliation for the way he responded to a student threat incident. On May 21, 2018, plaintiff filed his complaint asserting causes of action for (1) writ of mandate, (2) violation of his constitutional right to due pro...
2019.8.20 Motion for Summary Judgment 892
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2019.8.20
Excerpt: ...ed complaint, and causes of action advanced in (essentially) the first amended cross-complaint. As to the 2005 Easement Grant motion, the court grants summary adjudication to the Second, Sixth, Eighth, Tenth, Eleventh and Twelfth causes of action involving Sine Qua Non, Inc., and Molly Aida, Inc. only, advanced in the first amended cross-complaint. The court denies the summary adjudication motion as to two causes of action for quiet title and dec...
2019.8.20 Motion to Strike 185
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.8.20
Excerpt: ... denied. BACKGROUND: This is an action for personal injuries allegedly sustained by plaintiff when the chair he was sitting in at the Sandbar Restaurant, 514 State Street, Santa Barbara, California, broke, causing him to fall and hit his head. Defendants Old Town Hospitality, Inc. and Aron Ashland are the owners of the Sandbar Restaurant. Defendant Teak Warehouse, Inc. is the manufacturer of the chair that failed. Plaintiff alleges that there had...
2019.8.19 Motion to Strike or Tax Costs 178
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.8.19
Excerpt: ...ed as Counsel 2. Motion to Strike/Tax Memorandum of Costs Filed by Derek Westen and Westen Family Group, LLC 3. Motion to Strike/Tax Memorandum of Costs Filed by Peter K. Westen 4. Motion to Strike/Tax Memorandum of Costs Filed by Tracy A. Westen and Linda Lawson Attorneys: For Plaintiffs: Paul J. Laurin, et al. (Barnes & Thornburg – Los Angeles); Jeffrey B. Valle, et al (Valle Makoff, LLP – Los Angeles) For Defendants Tracy Westen and Linda ...
2019.8.19 Motion to Compel Further Responses, for Sanctions 139
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.8.19
Excerpt: ...urther Responses to Request for Production of Documents, Set One, and Request for Sanctions; Motion to Compel Defendant 2Ultimatebrands, Inc. to Provide Further Responses to Request for Production of Documents, Set One, and Request for Sanctions ATTORNEYS: Ryan D. Zick for Plaintiff 660 BVD, LLC John A. Delis for Defendants Ultimate Brands, Inc., Ultimate Franchises, Inc., and 2Ultimatebrands, Inc. TENTATIVE RULING: Plaintiff's two motions to com...
2019.8.16 Motion to Compel Arbitration 583
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.8.16
Excerpt: ...trate an underinsured motorist claim. Ostwald sued the motorist—Garcia—and the parties agreed to judicial arbitration. Ostwald obtained an award in excess of Garcia's liability insurance policy limits. Ostwald sought payment from State Farm in the amount of the difference between the award and Garcia's insurance policy limits plus an amount representing lost earnings that Ostwald says she did not litigate in the judicial arbitration. State Fa...
2019.8.14 Motion to Compel Further Responses 921
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.8.14
Excerpt: ...ss, both common law and statutory breach of the implied warranty of habitability, private nuisance, breach of contract, and retaliatory eviction. It arises from plaintiffs' lease and inhabitance of a residence which proved to be contaminated by toxic mold, the failure to contain the contamination during work performed to mitigate the problem, and the personal injuries and damages incurred by the plaintiffs as a result of their exposure to the con...
2019.8.13 Motion for Consolidation 636
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2019.8.13
Excerpt: ...h, presenting to Dr. Ginkel's office and to the emergency room a number of times between September 2015 and July 2016. In July 2016, plaintiff's single chamber ICD was replaced with a biventricular ICD, after which plaintiff's condition improved dramatically. Case No. 17CV00636 [Retained Sponge Lawsuit] On February 10, 2017, plaintiffs Gregory and Lori Hood filed a complaint against Marian Regional Medical Center, Central Coast Cardiothoracic Sur...
2019.8.13 Motion for Attorney Fees, to Strike Costs 959
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.8.13
Excerpt: ...erre Calonne, Tom R. Shapiro, Office of the City Attorney of Santa Barbara; Michael G. Colantuono, Ryan Thomas Dunn, Aleks R. Giragosian, Colantuono, Highsmith & Whatley, PC RULING: (1) For the reasons set forth herein, the motion of defendant City of Santa Barbara for an award of attorney fees pursuant to Code of Civil Procedure section 2033.420 is denied. (2) As set forth herein, the motion of plaintiffs Rolland Jacks and Rove Enterprises, Inc....
2019.8.9 Demurrer 948
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.8.9
Excerpt: ... property located at 1471 Las Positas Place, Santa Barbara (the Property). (Complaint, ¶ 10.) In 2007, plaintiffs entered into a loan secured by a deed of trust (DOT) on the Property. (Complaint, ¶ 15; Defendants' Request for Judicial Notice [DRJN], exhibit 1.) As set forth in the DOT, recorded October 11, 2007, the lender is Countrywide Bank, FSB. (DRJN, exhibit 1.) On July 14, 2011, there was an Assignment of Deed of Trust recorded, assigning...
2019.8.9 Motion for Good Faith Settlement 391
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.8.9
Excerpt: ... date of the incident or, if that employee is not available, the deposition of any other Univar employee who would have knowledge about the nature of the couplings with respect to the acid and chlorine tanks on the premises, and who could testify as to the possibility that the wrong distribution hoses could have been connected to the wrong tanks on the date in question. Harper and Tierra may file any supplemental opposition on this issue on or be...
2019.8.9 Motion for Leave to File Complaint 966
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.8.9
Excerpt: ...pany, Earl M. Hill Family Limited Partnership, and The Towbes Group. Defendant Golomb settled out of the action in late 2017, and the court granted a good faith determination with respect to the settlement. The remaining parties unsuccessfully attempted to mediate the action in early 2018. A conflict arose after the mediation between the remaining defendants, which caused new attorneys to substitute in for Trader Joe's, and for the Limited Partne...
2019.8.9 Motion to Compel Further Responses, for Sanctions, to Vacate 263
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.8.9
Excerpt: ...st plaintiff and her attorney, jointly and severally, in the amount of $3,500.00. Plaintiff's motion to vacate the court's May 7, 2019 order is denied. Defendants' motion for sanctions pursuant to Code of Civil Procedure Section 128.5 is denied. BACKGROUND: This is an action for alleged mold contamination. In 2017 plaintiff Taryn Intravartolo leased an apartment unit located at 175 San Angelo Avenue, Unit A, Santa Barbara, California 93111. Defen...
2019.8.9 Motion to Quash 622
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.8.9
Excerpt: ...lon & Style Bar, LLC, filed an answer on June 17. There is no scheduled CMC, MSC, or trial. On May 24, 2019, Carlyle served deposition subpoenas for production of business records on Law Offices of John J. Thyne, III (“Thyne Law”); Goodwin & Thyne Properties (“G&T”); and Marcus Boyle. G&T is the real estate brokerage that has listed the subject property and Boyle is the real estate agent representing the property. Thyne Law purports to re...
2019.8.7 Demurrers 689
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.8.7
Excerpt: ...l file and serve their first amended cross-complaints on or before August 22, 2019. Background: On June 8, 1994, Betty Goldberg and Al Goldberg filed their complaint in Goldberg v. Arns, United States District Court for the Central District of California case number 94-CV-3834 (the 1994 Federal Action). (Request for Judicial Notice [RJN], exhibit A.) On September 8, 2014, the Estates of Betty Goldberg and Al Goldberg, by and through their success...
2019.8.7 Motion for Protective Order 322
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.8.7
Excerpt: ...t owned and operated by three named defendants, Adi Kazali, Santy Kazali, and Harry Kazali. Defendants Harry and Santy Kazali d.b.a. Days Inn of Santa Barbara filed a first amended cross- complaint against plaintiffs. After a demurrer was sustained to the FACC's second through fourth causes of action, no SACC was filed, leaving only a FACC alleging a single breach of contract claim. Cross-complainants' recent motion for leave to file a SACC was d...
2019.8.7 Motion for Bifurcation, for Summary Judgment 837
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.8.7
Excerpt: ...C has sued for breach of contract in connection with two separate sublease agreements for airport hangars at the Santa Barbara Municipal Airport. As alleged in the lead case (Case No. 17CV04837), plaintiff is the master lessee under an existing master lease of certain airport property owned by the City of Santa Barbara. On December 20, 2005, plaintiff and non-party Select Personnel Services, Inc. entered into a written sublease agreement by which...
2019.8.7 Anti-SLAPP Motion to Strike 017
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.8.7
Excerpt: ...n attorney fees. Complaint: On December 10, 2018, plaintiff TruConnect Communications, Inc., filed its complaint for breach of contract against defendant Blue Casa Telephone, LLC. On February 15, 2019, TruConnect filed a first amended complaint. On March 22, 2019, Blue Casa filed an answer and cross-complaint (CC), in which it alleges: On April 20, 2015, TruConnect, formerly known as Telscape Communications, Inc., entered an agreement to sell cer...
2019.8.6 Motion for Legal Ruling Imposing Liability, for Summary Judgment, Adjudication 351
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.8.6
Excerpt: ...Petitioner/Plaintiff: Joseph Liebman; Steven H. Kaufman (Nossaman LLP – Los Angeles); Richard Monk (Hollister & Brace) For Respondent/Defendant: Kendall H. MacVey (Best Best & Kreiger – Riverside); Bruce W. Beach (Best Best & Krieger – San Diego) Rulings: 1. The Court denies City of Santa Barbara's motion for summary judgment or, in the alternative, summary adjudication of issues, or motion for legal ruling under CCP § 1260.040. 2. The Cou...
2019.8.6 OSC Re Sanctions 974
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.8.6
Excerpt: ...lich, Lena J. Marderosian, Dawn Cushman, Bradley & Gmelich LLP For Defendants Alma Del Pueblo Owners Association and The Management Association Inc. dba The Management Trust: Jeff Hsu, Patrick A. Gillispie, Murphy, Pearson, Bradley & Feeney For Defendants Samuel Hedgpeth and Sonia Rosenbaum: Michele L. Gamble, Rebecca J. Chmura, Collins Collins Muir + Stewart LLP For Defendants Jasmine Hale and Adams Stirling: Heather L. Rosing, Earll M. Pott, Br...
2019.8.5 Demurrer 277
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.8.5
Excerpt: ...Stan Kanarowski's complaint. The court sustains the demurrer to the breach of the implied covenant of good faith and fair dealing cause of action without leave to amend. The court overrules the demurrer in all other respects. Background: In his complaint, plaintiff Stan Kanarowski alleges: Kanarowski is agent and attorney-in-fact for former Securityholders of Vutara, Inc. [Complaint ¶1] On February 6, 2013, Vutara entered into a confidentiality ...
2019.8.5 Motion to Disqualify Counsel 717
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.8.5
Excerpt: ...w Firm, PC for defendant John Mogens Henning, individually and as personal representative of the Estate of Carolyn Jane Winther David J. Tappeiner of Fell, Marking, Abkin, Montgomery, Granet & Raney, LLP for defendant Robert Ramirez. TENTATIVE RULING: The motion to disqualify plaintiffs' attorneys is denied, without prejudice. Background: In the Complaint in this action, plaintiffs allege that Walter C. Henning and Caroline Henning were married, ...
2019.8.2 Motion for Attorney Fees 718
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.8.2
Excerpt: ..., Sean M. Gaffney, Jamie Altman Buggy, CGS3 LLP 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 Aquajes, LLC, Alamar II, LLC, and Alamar III, LL...
2019.8.2 Motion for Preliminary Injunction 718
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.8.2
Excerpt: ...e: 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 Aquajes, LLC, Alamar II, LLC, and Alamar III, LLC: Paul R. Burns, Solange D. Sanhueza, Law Offices of Paul R. Burns, P.C. For Defendants Wells Fargo Bank, National Associa...
2019.8.2 Motion to Compel Further Responses 360
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.8.2
Excerpt: ...llowing Ms. Force's death, plaintiff filed suit against defendants Sheridan Force, Trustee of The Force Trust dated April 21, 1998, and The Force Trust dated April 21, 1998, claiming that he was not Ms. Force's tenant but instead her caretaker. Plaintiff seeks wages and penalties in excess of $200,000.00 for the period covering the four years prior to the filing of the complaint, alleging that he was never paid. Defendants deny the allegations an...
2019.8.2 Motion to Compel Production of Receiver's Attorney Bills, for Protective Order 718
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.8.2
Excerpt: ...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 Aquajes, LLC, Alamar II, LLC, and Alamar III, LLC: Paul R. Burns, Solange D. Sanhueza, Law Offices o...
2019.7.30 Motion to Compel Further Responses 174
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.7.30
Excerpt: ... Holbrooke Sawyer Natalya Vasyuk for Defendants Calle Real Shopping Center, The Towbes Group, Inc., and Trader Joe's Company RULING: Plaintiff's motion to compel Trader Joe's Company to provide a further response to Request for Production No. 4 is denied. Trader Joe's request for monetary sanctions against plaintiff is denied. Plaintiff's motion to compel The Towbes Group to provide a further response to Special Interrogatory No. 30 is denied. Th...
2019.7.30 Motion to Change Venue 547
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.7.30
Excerpt: ... Employment and Housing Act (FEHA), harassment/hostile work environment (FEHA), failure to investigate or prevent harassment (FEHA), wrongful termination in violation of public policy, and declaratory judgment. Norton alleges: He was Sage's employee working in Camarillo in Ventura County and Santa Barbara in this Santa Barbara County. His employment was terminated on February 25, 2019, after a complaint of sexual harassment by another employee. H...
2019.7.30 Motion for Preference and Setting Trial Date 710
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.7.30
Excerpt: ...nce in person; no telephone appearances. Settlement briefs due one week in advance. 3. The trial date is November 12, 2019, with the Calendar Call at 11:30 am; the pretrial conference is set for 1:30 pm on 11/12; the jury panel to come over at 9 am on 11/13; the Court has reserved November 12 (1/2 day), 13, 14 and 15 and November 18, 19 (1/2 day), 20, 21, 22 for trial = 8 days. 4. The CMC set for 8/6 is vacated; a new CMC is set for: A. August 27...
2019.7.30 Demurrer, Motion for Attorney Fees, to Quash Deposition Subpoena, to Strike 974
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.7.30
Excerpt: ...Owners Association to Second Amended Complaint (3) Motion to Quash of Alma del Pueblo Owners Association re Subpoena to Pacific Western Bank (4) Motion of Jasmine Hale and Adams Stirling for Attorney Fees Following Grant of Special Motion to Strike ATTORNEYS: For Plaintiff Jane Doe: James F. Scafide, Tyler J. Sprague, Scafide Law Firm, PC For Defendants Margaret Cafarelli, Jan Hill, Thomas Bonomi, and Urban Developments, LLC: Cary L. Wood, Rand D...
2019.7.29 Petition to Confirm Arbitration 532
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.7.29
Excerpt: ...iation Case No. 01-19-0000-3425. The court confirms the award in the amount of $71,786 and awards pre-judgment interest in the amount of $605.88. Petitioner shall submit a judgment in accordance with the foregoing. Petitioner James P. Griffith petitions the court for confirmation of a contractual arbitration award in his favor and against respondent Paul T. Nolan in the amount of $68,861 and $2,925 arbitration expenses, for a total award of $71,7...
2019.7.29 Motion for Reconsideration 958
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.7.29
Excerpt: ..., 2019 ruling regarding motions to compel further responses to form interrogatories and demand for production of documents. Background: Plaintiff Pico Rivera First Mortgage Investors, LP (“Pico”), sued defendant Henry Aguila for breach of a written guaranty of a loan to borrower Three Aguila, Inc. Aguila filed a first amended cross-complaint (FACC) against Pico and seven others (three of which Aguila has dismissed) for breach of oral contract...
2019.7.29 Motion to Compel Deposition Subpoena 937
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.7.29
Excerpt: ...tional Railroad Passenger Corporation dba Amtrak Michelle A. Birtja for Third Party Witness, Revel Miller, Ph.D. TENTATIVE RULING: The motion of defendant Amtrak to compel third party witness Revel Miller, Ph.D. to comply with its deposition subpoena is granted as set forth herein. BACKGROUND: This is an action for dangerous condition of public property, negligence (wrongful death), and public nuisance. On March 11, 2017, the decedent, Connor Edw...
2019.7.29 Motion to Quash Subpoenas for Business Records 808
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.7.29
Excerpt: ...entative Ruling: The court denies plaintiff Alan Cerf's motion to quash deposition subpoenas. Background: In this action, plaintiff Alan Cerf seeks damages for personal injuries sustained as the result of a golfing incident. Plaintiff alleges that, on December 4, 2016, plaintiff was at the Birnam Wood Golf Club in Santa Barbara and was bending down to place his golf ball on a tee in a marked stall on the driving range when he was hit on the left ...
2019.7.29 Motion to Strike 971
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.7.29
Excerpt: ...endant Mona Kulkarni's motion to strike portions of plaintiff Ofelia Azizi's second amended complaint. Background: On June 5, 2019, plaintiff Ofelia Azizi filed her second amended complaint. (Previous complaints included Farid Azizi as a plaintiff but he filed a partial dismissal and is no longer a plaintiff.) Plaintiff alleges: On September 7, 2017, defendant Mona Kulkarni was operating a motor vehicle while under the influence of a combination ...
2019.7.26 Motion to Consolidate 153
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.7.26
Excerpt: ...CV02931) (the Discrimination Case) now pending in Department 6 of this Court. The plaintiff in the UD Case, The Parsons Group, Inc. (Parsons), is the defendant in the Discrimination Case; the plaintiff in the Discrimination Case, David Rea, is the defendant in the UD Case. The UD Case was filed on April 22, 2019. The UD Case is based upon a thirty-day notice to quit which asserts that Rea has violated the terms of his lease to premises located at...
2019.7.26 Motion to Compel Responses, for Sanctions 045
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.7.26
Excerpt: ...monetary sanctions is denied. BACKGROUND: Plaintiff Raymond J. Ramos (“Decedent”), by and through his Successor in Interest, Josephine Ramos, and plaintiffs Josephine Ramos, Rene Ramos, and Raymond L. Ramos, individually, bring this action against defendant Compass Health, Inc. (“CHI”), alleging causes of action for elder abuse and neglect, violation of residential rights, and wrongful death. Plaintiffs allege that Decedent died of a lung...
2019.7.9 Motion for Leave to File Amended Complaint 185
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.7.9
Excerpt: ...set for May 1, 2020. 3. The next CMC date of 10/8/19 is vacated and a new CMC date is set for March 31, 2010, to discuss the final discovery schedule including expert witness depositions. Analysis This is a personal injury action, based upon injuries sustained by plaintiff when the chair he was sitting in at the Sandbar Restaurant failed, and he hit his head. The incident occurred in April 2018, and the complaint was filed in August 2018. PMK dep...
2019.7.9 Motion for Summary Judgment 636
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2019.7.9
Excerpt: ...tness observed “black smoke coming from the hood area of the [2004 Acura MDX].” The witness then noticed sparks coming from “underneath the vehicle.” The fire was quickly extinguished, although substantial damage to the vehicle ensued. According to the complaint, the “fire was determined to have started in the engine compartment where there was a malfunction with the vehicle.” Plaintiff contends in the operative pleading that defendan...
2019.7.9 Motion for Summary Judgment 920
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2019.7.9
Excerpt: ...ining of vertigo. Dr. Okerblom recommended, among other things, that plaintiff consult with defendant Dr. Peter Garcia (“Dr. Garcia”) of defendant Dignity Health (together, “defendants.”) Plaintiff saw Dr. Garcia on August 31, 2017. She complained of compulsive gambling, which is a side effect associated with Abilify. At the time, she was taking 10 mg. of Abilify per day. The treatment plan was to proceed with a trial decrease of Abilify ...
2019.7.8 Demurrer 830
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.7.8
Excerpt: ... to amend. Complaint: Plaintiff Centex Group, Inc. (“CG”), alleges: Defendant Wells Fargo Bank, N.A. (“WF”) provided account services to individual(s) going by the name “Cheapside Trading Company” (“Cheapside”). Cheapside executed an e-mail scam in which they impersonated CG's vendor and induced CG's agent to deposit $22,119.10 from CG's Chase Bank account into the WF account owned or managed by Cheapside on February 16, 2019. CG ...
2019.7.5 Demurrer 766
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.7.5
Excerpt: ...: As alleged in the complaint of plaintiff James Lewis: Plaintiff is the owner of real property located at 4631 Gerona Way, Santa Barbara (the Premises). (Complaint, ¶¶ 1-4.) On May 14, 2018, plaintiff entered into an unspecified tenancy with defendant Stephen M. Lewis by a written agreement. (Complaint, ¶ 6.) The complaint does not check any boxes in paragraph 6a(1), (2), or (3) identifying the type of tenancy. On March 14, 2019, a 30-day not...
2019.7.3 Petition for Writ of Mandate 115
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.7.3
Excerpt: ...eview Commission's Appeal Decision dated May 15, 2017, are hereby vacated. The court further orders that respondent Regents of the University of California conduct no further administrative proceedings against petitioner John Doe based on the alleged conduct that is the subject of this proceeding. Counsel for petitioner shall prepare an order consistent with this ruling. Background: Investigators and adjudicators at the University of California S...

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