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2019.7.24 Motions to Compel Further Responses 718
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.7.24
Excerpt: ...intiff in the sum of $3,400.00. The trial date is ordered continued from August 28, 2019 to October 30, 2019, with all statutory deadlines to correspond with the new trial date. BACKGROUND: This is an action for personal injuries, specifically, pulmonary fibrosis, that plaintiff Steve Tepper allegedly sustained while working as the facility manager at the Granada Theatre, located at 1214 State Street in Santa Barbara. The small office (120 square...
2019.7.24 Motion to Strike or Tax Costs 141
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.7.24
Excerpt: ...), and to disallow $6,025.23 from category 16 (other). In all other respects, the motion is denied. Correcting an arithmetic error in the total stated in the memorandum of costs, the court fixes the amount of costs awarded in favor of defendants and against plaintiff in the total amount of $52,505.15. Background: On May 15, 2019, the court entered its judgment in favor of defendants Crusader Insurance Company and Unico American Corporation and ag...
2019.7.23 Motion to Compel Compliance 060
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.7.23
Excerpt: ...Technologies Group, LLC: Edward Jason Dennis, Samuel B. Hardy, Christian A. Orozco, Lynn Pinker Cox & Hurst LLP For Defendants Charles Miller, Pierre Chao, John Mei, David Oldham, and Christopher Holmes: Howard J. Steinberg, Greenberg Traurig, LLP (For other appearances see list) RULING: For the reasons set forth herein, the motion of defendants Charles Miller, Pierre Chao, John Mei, David Oldham, and Christopher Holmes to compel compliance with ...
2019.7.23 Motion for Reconsideration 422
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2019.7.23
Excerpt: ... In a written ”Statement of Decision” signed and entered on May 17, 2019, the court denied plaintiff's request for a continuance and granted defendants' motion for summary judgment, among other things. The “Statement of Decision” (the order) was mailed to the parties on May 20, 2019, as evidenced by the clerk's certificate of mailing. The court thereafter signed and entered judgment on June 3, 2019. Defendants sent notice of entry of judg...
2019.7.22 Motion to Seal Exhibit, for Summary Judgment 646
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.7.22
Excerpt: ...: Jonathan C. Teller (Wilshire Law Firm – Los Angeles) For Defendant Community Solutions: Paul D. Singer (Beach Cowdrey Jenkins – Oxnard) Tentative Ruling: 1. The court grants defendant Community Solutions, Inc.'s motion for sealing Exhibit F in support of the motion for summary judgment. 2. The court denies defendant Community Solutions, Inc.'s motion for summary judgment. Background: This is an action for wrongful death. Plaintiffs John Str...
2019.7.22 Motion to Confirm Extension of Deadline to Bring Case to Trial 388
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.7.22
Excerpt: ...ifornia Coastal Commission and State Coastal Conservancy to Confirm Extension of Five Year Deadline to Bring Case to Trial and to Continue Trial ATTORNEYS: For Plaintiffs The Hollister Ranch Cooperative and the Hollister Ranch Owners' Association:Steven A. Amerikaner, Beth Collins, Hillary H. Steenberge, Brownstein Hyatt Farber Schreck, LLP For Plaintiffs Tim Behunin, Trustee of the Behunin Family Trust, Carolyn Pappas, Patrick L. Connelly, indiv...
2019.7.22 Motion for Protective Order 808
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.7.22
Excerpt: ...ts for Admission, Set Two, is denied. BACKGROUND: In this action, plaintiff Alan Cerf seeks damages for personal injuries sustained as the result of a golfing incident. According to the complaint, on the afternoon of 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 side of his head by a golf club tha...
2019.7.22 Motion for Attorney Fees 874
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.7.22
Excerpt: ...Kenney, McGarrigle, Kenney & Zampiello, APC TENTATIVE RULING: For the reasons set forth below, the motion of plaintiff Hope Ranch Park Homes Association for an award of attorney fees is denied. The request of defendants A. Stuart Rubin and Annette Rubin for an award of monetary sanctions is also denied. Background: On June 29, 2017, plaintiff Hope Ranch Park Homes Association (Hope Ranch) filed its complaint in this action to collect monetary pen...
2019.7.22 Motion for Approval of Class Action Settlement 024
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.7.22
Excerpt: ...ilarly situated: Edwin Aiwazian, Arby Aiwazian, Joanna Gosh, Lawyers for Justice, PC For Defendant Meridian Senior Living, LLC: Leonora M. Schloss, Edward J. McNamara, Danny Yaddision, Jackson Lewis P.C. TENTATIVE RULING: The motion of plaintiff for final approval of class action settlement is granted. Background: On March 16, 2015, plaintiff Shawn LaFountain, individually and on behalf of others similarly situated, filed this putative class acti...
2019.7.19 Motion for Summary Judgment 215
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.7.19
Excerpt: ...ate School, Inc. dba Pacifica Graduate Institute (“SBGS”). According to the allegations, on the evening of April 23, 2016, plaintiff was attending an outdoor conference celebrating SBGS's 40th anniversary. The conference took place on an area of the campus lawn where tables, chairs, and free-standing umbrellas had been set up for the conference attendees. Plaintiff was seated at one of the tables when the wind suddenly picked up, causing seve...
2019.7.19 Motion for Preliminary Injunction 853
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.7.19
Excerpt: ...on the motion pursuant to CRC 3.1150(f). Background: Plaintiffs Melvyn Goldsmith and Barbara Goldsmith filed their complaint against defendant Hope Ranch Park Homes Association (“HOA”) for declaratory relief, breach of fiduciary duty, and injunctive relief. Plaintiffs allege: HOA is a corporation formed to manage a common interest development known as Hope Ranch. Milton Pinsky and Elizabeth Pinsky own property adjacent to Goldsmiths' property...
2019.7.19 Motion for Consolidation 164
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.7.19
Excerpt: ...erve their second amended complaint on or before August 5, 2019. (2) For the reasons set forth herein, the motion of defendant Meister & Nunes, PC, to strike portions of the first amended complaint is granted, with leave to amend, to strike the words “bearing the name ‘Ann-Marie Morahan' with her home address, social security number and tax liability for 2015” from paragraph 13 and the words “an injunction and” from paragraph 38. In all...
2019.7.19 Motion for Approval of Class Action, PAGA Settlements 531
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.7.19
Excerpt: ...errace, Inc. (Cliff View) operates skilled nursing facilities in Santa Barbara County and in Marin County, California. (Gundzik decl. re PAGA, ¶ 3.) Plaintiff Cinthya Saavedra worked for Cliff View as a certified nursing assistant at Cliff View's Mission Terrace Convalescent Hospital facility in Santa Barbara from 2016 until April 2017. (Ibid.) The operative complaint, the second amended complaint (SAC), was filed on May 11, 2018. The SAC assert...
2019.7.17 Motions for Leave to File Amended Complaint, for Issue and Terminating Sanctions 322
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.7.17
Excerpt: ...to in the amount of $3,000, on or before July 29, 2019. 2. The court denies cross-complainants Santy and Harry Kazali's motion for leave to file amended cross-complaint. Background: This is a wage and hour action by plaintiffs Subiono Wasito and Enny Soenjoto, who were formerly employed at a Days Inn motel establishment owned and operated by three named defendants, Adi Kazali, Santy Kazali, and Harry Kazali. Harry and Santy Kazali, dba Days Inn o...
2019.7.16 Demurrer 974
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.7.16
Excerpt: ...a del Pueblo Owners Association re subpoena to Pacific Western Bank (continued from June 18); and (4) motion of Jasmine Hale and Adams Stirling for attorney fees following grant of special motion to strike (filed on May 17 and originally set for June 18, but continued on June 4 to July 16 at plaintiffs' request). Rulings: For the reasons set out below, and to avoid any prejudice 1. The Court will continue the hearing on all motions scheduled for ...
2019.7.16 Motion for Summary Judgment, Adjudication 834
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2019.7.16
Excerpt: ...t defaulted on his obligation to repay pursuant to the terms of the agreement. The sum of $26,228.04 is now owing. Plaintiff alleges the following causes of action: (1) breach of agreement; (2) open book account; and (3) account stated. Plaintiff moves for summary judgment or alternatively for adjudication of issues. Opposition has been filed, including evidentiary objections, as well as a reply. Legal Standards The rules governing how courts ass...
2019.7.16 Motion for Protective Order Re Deposition 715
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.7.16
Excerpt: ...motion for protective order is granted. Any further deposition testimony of Dr. Richard Hurvitz shall be taken by written, instead of oral, examination. Defendant is awarded monetary sanctions against plaintiffs' counsel, John B. Richards, in the sum of $5,760. BACKGROUND: This action arises out of a landlord tenant dispute. As alleged in the complaint, on July 10, 2015, plaintiffs Erin Murphey, Richard Doherty, and Chloe Doherty, a minor, began ...
2019.7.12 Writ of Mandate 088
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.7.12
Excerpt: ...d property which abuts Tollis Avenue. Both parcels are accessed from Tollis Avenue by a common driveway. The area slopes southward down toward Tollis Avenue, and the upper parcel acquired by Lighthouse Trust has ocean views. Each property is improved with a single family residence with attached garage. Lighthouse Trust seeks to merge the two parcels into one 2.12 acre parcel, to demolish the existing residences and other structures, and to constr...
2019.7.12 OSC Sanctions 278
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.7.12
Excerpt: ...) on behalf of herself and her son, plaintiff Santo Massine (“Massine”), a minor. Defendant is Janet Berschneider aka Jenna Berg (“Berg”) acting individually and as Trustee of the Berg Family Trust. Berg is the owner of real property located at 322 East Arrellaga Street, Santa Barbara, California 93101, where plaintiffs lived from February 2017 to July 2017. In October 2018, the parties settled the action, with defendant agreeing to pay $...
2019.7.12 Motion for Preliminary Injunction 313
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.7.12
Excerpt: ...g and Associates, LLC (Company or LAALLC) from entering into agreements to sell their respective membership interests and to compel those members to sell their interests to Shumake under the terms of the Company's Operating Agreement. The motion is opposed by the defendants. (Note: The moving papers do not include electronic bookmarks for exhibits as required by Rules of Court, rule 3.1110(f)(4). The exhibits are not consecutively paginated in vi...
2019.7.10 Motion to Seal Order After Hearing 536
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.7.10
Excerpt: ...his demotion by defendant Santa Barbara Unified School District (“District”) from his position as principal at San Marco High School (“SMHS”) to classroom teacher. Behrens sought reinstatement to his position as principal and all back pay and benefits that were lost due to his reassignment, as well as attorney's fees. On May 9, 2019, the court denied Behrens's motion for judgment on peremptory writ of mandate, finding that District did no...
2019.7.10 Demurrer, Motion to Strike 591
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.7.10
Excerpt: ...ntirety, and the text of paragraph 6, “enjoin the plaintiff from any trespass on, use of or other benefit of the La Cumbre Canyon Ranch property and” (Answer, p. 10), and is in all other respects denied. (2) For the reasons set forth herein, the demurrer of plaintiff Saticoy Development Company, LLC, to the answer of defendant Skylar L. Gauss (i) is sustained, without leave to amend, as to the seventh, ninth, and tenth affirmative defenses, (...
2019.7.10 Demurrer, Motion to Strike 203
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.7.10
Excerpt: ...nt on or before July 25, 2019. (2) Based on the disposition of the demurrer, the motion to strike of defendant The Parsons Group, Inc., is moot and is ordered off calendar. Background: As alleged in the first amended complaint (FAC): Plaintiff Teresa Vargas Perez was employed as a Caregiver at a residential care facility known as The Gables Ojai from at least 2006 to 2018. (FAC, ¶ 1.) Defendant The Parsons Group, Inc. (Parsons) is headquartered ...
2019.7.10 Demurrer 057
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.7.10
Excerpt: ...answer to the first amended cross-complaint on or before July 25, 2019. Background: (1) Allegations of First Amended Cross-Complaint of Alex M. DePaoli, Laura B. DePaoli, Michael L. Matkins, and Teryl S. Matkins Cross-defendant Westmont College (Westmont) is the owner of a parcel of real property that is referred to as the “Road Parcel,” which is used as a private road by other parties to this action. (First Amended Cross-Complaint [FACC], ¶...
2019.7.2 Demurrer, Motion to Strike 165
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.7.2
Excerpt: ...yle & McRoy, LLP, Bruce McRoy, and Peter Muzinich: Heather L. Rosing, Benjamin C. Wholfeil, Klinedinst PC RULING: (1) For the reasons and on the grounds set forth herein, the general and special demurrer of defendants Reicker, Pfau, Pyle & McRoy, LLP, Bruce McRoy, and Peter Muzinich to plaintiffs' second amended complaint is sustained as to each cause of action. Plaintiffs shall file and serve their amended complaint (to be designated the fifth a...
2019.7.2 Motion to Compel Responses 626
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.7.2
Excerpt: ....C., to compel further responses to form interrogatories, set one, No. 15.1 is granted. Defendant Marco A. Frausto shall serve his verified further responses to form interrogatory No. 15.1 on or before July 17, 2019. Background: On September 19, 2018, plaintiffs J. Arthur Baer, III, and J.A. Ted Baer, a Professional Corporation, filed their original complaint in this action asserting causes of action against defendants Marco A. Frausto and Marco ...
2019.7.2 Motion for Summary Judgment 988
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.7.2
Excerpt: ...gainst plaintiff, together with costs. BACKGROUND This is an action for personal injuries. On September 3, 2017, plaintiff Alyssa Nuno, then age 16, was at West Beach in Santa Barbara celebrating the Labor Day holiday with family and friends when an intense storm event known as a “microburst” struck the beach, creating 80 mile per hour wind gusts and heavy rain that sent umbrellas, kayaks, and other watercraft and debris flying through the ai...
2019.7.1 Motion for Good Faith Settlement 030
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.7.1
Excerpt: ...elaine Moreno and Emily Walker TENTATIVE RULING: The motion of defendants Shelaine Moreno and Emily Walker for good faith settlement determination is granted. All pending and/or future claims against the settling defendants for equitable indemnity or contribution based on comparative negligence or comparative fault are dismissed. BACKGROUND: This is an action for personal injuries arising out of a motor vehicle collision. On August 8, 2016, at ap...
2019.7.1 Application for Right to Attach Order 138
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.7.1
Excerpt: .... Campbell, Long & Delis TENTATIVE RULING: For the reasons set forth herein, the application of plaintiff 660 BVD, LLC, for a right to attach order is granted as requested in the amount to be attached of $528,047.32. A writ of attachment shall be issued upon the filing of an undertaking in the amount of $10,000. Background: This is an application for a right to attach order and issuance of a writ of attachment arising out of plaintiff's complaint...
2019.6.28 Motion for Entry of Interlocutory Judgment 554
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.6.28
Excerpt: ...ez Avenue, Goleta (the Property). The complaint alleges that plaintiff Ham and defendant Dawn Williamson (Williamson) are sisters. (Complaint, ¶ 4.) At the time of the filing of the complaint, Williamson was the personal representative of the Estate of Robert William Williamson, which probate case was pending in this court as case number 15PR00378 (Probate Case). (Complaint, ¶ 5.) On March 23, 2017, a Notice of Proposed Action was filed in the ...
2019.6.28 Motion for Catalyst Fees 618
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.6.28
Excerpt: ...d their putative class action complaint against defendant Ken's Foods Inc. The complaint alleges three causes of action: (1) violation of California Consumers Legal Remedies Act (“CLRA” – Civil Code §§ 1750 et seq.); (2) violation of California Fair Advertising Law (“FAL” – B&P Code §§ 17500 et seq.); and, (3) violation of California Unfair Competition Law (“UCL” – B&P Code §§ 17200 et seq.). On July 23, 2018, after the co...
2019.6.25 Demurrer, Motion to Strike 974
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.6.25
Excerpt: ...ts Alma del Pueblo Owners Association and The Management Association, Inc., to Second Amended Complaint 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. Carstens, Lewis Brisbois Bisgaard & Smith LLP For Defendants Santa Barbara Public Market, LLC, and Victoria Street Partners, LLC: Thomas P. Gme...
2019.6.25 Motion for Preliminary Approval of Class Action Settlement 371
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.6.25
Excerpt: ...ements and the Court preliminarily approves the settlement pursuant to CRC 8.769(c). 2. The Court conditionally certifies the class, as defined in the settlement agreement: all persons who work or worked for defendant in California as independent contractor owner-operator drivers during the class period— from May 31, 2013, through the date the Court preliminarily approves the settlement, presumably June 25, 2019. 3. A final hearing on the settl...
2019.6.25 Motion to Declare Vexatious Litigants 120
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2019.6.25
Excerpt: ... not capable of judicial notice. (See Evid. Code, §§ 451-452.) Moreover, absent compelling reason otherwise, the court takes judicial notice of the case records as they exist through the San Luis Obispo Superior Court Attorney Portal. San Luis Obispo Superior Court Case No. 17CVP-0260 (“SLO Case”) On September 28, 2017, Frank Macciola and Domenica Macciola as trustees of the Macciola Trust, James Cella, Holly Lundbeck, trustee of the Holly ...
2019.6.25 Motion to Dismiss 386
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2019.6.25
Excerpt: ...ty of Santa Maria Diesel Service, Inc. when defendant's forklift hit his diesel bus while he was in it. He seeks one million actual and one million punitive damages from Santa Maria Diesel Service Inc. In addition, in what appears to be an unrelated incident, plaintiff states that he contacted Pollard, Mavredakis and Cranert, who were “supposed to be his defense attornies (sic) in the Zyprexa medication lawsuit.” Plaintiff also allegedly “c...
2019.6.25 Motion to Strike Punitive Damages Claim 824
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.6.25
Excerpt: ...rike portions of plaintiffs' complaint and civil cover sheet is granted in part, with leave to amend. The motion is granted to strike the check from the box in paragraph 14(a)(2) of the complaint (asserting a claim for punitive damages). In all other respects the motion is denied. Plaintiffs Paul H. Gularte and Emily Gularte shall file and serve their first amended complaint on or before July 10, 2019. Background: On April 5, 2019, plaintiffs Pau...
2019.6.24 Motion for Summary Judgment 646
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.6.24
Excerpt: ...n and Sober, Inc. Paul D. Singer for Defendant Community Solutions, Inc. TENTATIVE RULING: The motion for summary judgment of defendant Stalwart Clean and Sober, Inc. is denied. The court finds that there are triable issues of fact as to plaintiffs' claims in the matter. BACKGROUND: This is an action for wrongful death. Plaintiffs John Strumfler and Tracy Morris are the parents of the decedent, John Charles Strumfler, a parolee with a severe hero...
2019.6.24 Motion for Bifurcation 529
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.6.24
Excerpt: ...ffice of the City Attorney; Eugene P. Ramirez, G. Craig Smith, Nicole M. Threlkel, Manning & Kass Ellrod, Ramirez, Trester LLP TENTATIVE RULING: Counsel for all parties are to appear, in person or by telephone, for the hearing on this motion. Background: Plaintiff Bridget Bryden filed her complaint against defendant City of Santa Barbara (City) on April 7, 2017, asserting in her complaint five causes of action: (1) violation of Labor Code section...
2019.6.19 Motion to Compel Compliance with Deposition Subpoena, to Augment Expert Witness Designation 938
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.6.19
Excerpt: ...eposition to go forward on June 19 at 1:30 p.m. absent an express agreement among counsel for plaintiffs, counsel for defendant, and Powers. 2. Plaintiffs' Linea Polk and Shannon Morgan Polk's motion to augment/amend their expert witness designation is withdrawn and off calendar. 3. The court grants plaintiffs' Linea Polk and Shannon Morgan Polk's motion to strike defendant David Gerrity's supplemental declaration of expert witnesses and orders s...
2019.6.19 Motion to Strike Costs 772
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.6.19
Excerpt: ...d range of repairs and modifications for his 1964 Corvette, including brake and suspension work. Plaintiff paid defendant $5,000.00 towards the costs of the repairs and upgrades he wanted and left the car with defendant. Plaintiff contends that he told defendant that he had a budget of $35,000.00 for the work to be performed, but was ultimately charged over $57,000.00. Plaintiff contends that he never received written estimates for the labor and ...
2019.6.18 Motion to Contest Good Faith Settlement 988
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.6.18
Excerpt: ...a for Defendant Tom Shultz RULING: The motion of defendants Nancy Kaplan and Paddlers, Inc. for good faith settlement determination is granted. The motion of defendant Marc Medina for good faith settlement determination is granted. The motion of defendant Tom Shultz for good faith settlement determination is granted. Any and all present or future claims for equitable or comparative indemnity or contribution against the settling defendants are dis...
2019.6.18 Demurrer, Motion to Quash Deposition Subpoena, to Strike 974
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.6.18
Excerpt: ...t, LLC, and Victoria Street Partners, LLC to Second Amended Complaint (3) Motion of Defendants Santa Barbara Public Market, LLC, and Victoria Street Partners, LLC to Strike Portions of Second Amended Complaint (4) Demurrer of Defendants Samuel Hedgpeth and Sonia Rosenblum to Second Amended Complaint (5) Motion of Defendants Samuel Hedgpeth and Sonia Rosenblum to Strike Portions of Second Amended Complaint ATTORNEYS: For Plaintiff Jane Doe: James ...
2019.6.18 Motion for Attorney Fees, to Tax Costs 051
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2019.6.18
Excerpt: ...8 and continued by request of the parties to allow them an opportunity to complete necessary discovery and due to trial conflicts of defendants' counsel. Trial was continued to April 2, 2018. Trial was again continued to August 27, 2018 by the parties' request to allow them to complete a vehicle inspection and due to trial conflicts of plaintiffs' counsel. The parties again requested a trial continuance because the vehicle inspection was only com...
2019.6.18 Motion for Order of Discharge 064
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2019.6.18
Excerpt: ...unt of $50,000. The bond was cancelled on July 2, 2018 with an effective cancellation date of August 4, 2018. Numerous claims of which the aggregate exceeds $50,000 have been submitted to Hudson seeking recovery of damages and losses. The claims allegedly occurred during the pendency of the Hudson bond. Consequently, Hudson filed its complaint in interpleader on August 2, 2018 pursuant to Code of Civil Procedure Section 386, subdivision (b). Huds...
2019.6.17 Application for Right to Attach Order 138
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.6.17
Excerpt: ... Warren B. Campbell, Long & Delis TENTATIVE RULING: The application of plaintiff 660 BVD, LLC for a right to attach order is granted as requested in the amount to be attached of $528,047.32. A writ of attachment shall be issued upon the filing of an undertaking in the amount of $10,000. Background: This is an application for a right to attach order and issuance of a writ of attachment arising out of plaintiff's complaint for nonpayment on a guara...
2019.6.17 Application for Right to Attach Order, for Issuance of Writ of Attachment 139
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.6.17
Excerpt: ...timatebrands, Inc. (3) Application of Right to Attach Order and for Issuance of Writ of Attachment against Defendant Ultimate Franchises, Inc. ATTORNEYS: For Plaintiff 660 BVD, LLC: Todd A. Amspoker, Ryan D. Zick, Price, Postel & Parma LLP For Defendants Ultimate Brands, Inc., 2Ultimatebrands, Inc., and Ultimate Franchises, Inc.: John A. Dells, Warren B. Campbell, Long & Delis TENTATIVE RULING: For the reasons set forth herein, the applications o...
2019.6.17 Motion for Final Approval of Class Action Settlement, for Attorney's Fees and Enhancement Awards 335
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.6.17
Excerpt: ...tive Enhancement Awards ATTORNEYS: Garry M. Tetalman for Plaintiffs and Class Rafael Gonzalez for Defendant Santa Barbara Brewing Company, LLC TENTATIVE RULING: Plaintiffs' motion for final approval of class action settlement and class certification is granted. Plaintiffs' motion for approval of class counsel's fees, litigation costs, class representative enhancement awards, and claims administrator fees is granted as set forth herein. BACKGROUND...
2019.6.17 Motion to Sequester Sealed Records 282
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.6.17
Excerpt: ...eph, Maranga Morgenstern TENTATIVE RULING: The motion of plaintiff Sharon E. Green to sequester and review records filed under seal in criminal cases is denied. Background: This is the lead case consolidated with Franciscan Oaks Condominium Association, Inc., etc. v. Berry, case number 17CV01524. On May 24, 2017, plaintiff Sharon Green filed her complaint in this action against defendant Mary Long Berry. The complaint alleges causes of action for...
2019.6.14 Motion for Entry of Interlocutory Judgment 554
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.6.14
Excerpt: ...he matters identified by the court. The court grants plaintiff leave to amend the complaint, if so desired, with an amended complaint to be filed on or before June 21, 2019. Background: On September 14, 2018, plaintiff Kim Ham filed her complaint in this action seeking partition of real property located at 456 Valdez Avenue, Goleta (the Property). The complaint alleges that plaintiff Ham and defendant Dawn Williamson (Williamson) are sisters. (Co...
2019.6.14 Motion to Compel Further Discovery Responses, for Sanctions 351
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.6.14
Excerpt: ...C (BMW NA) and GMG Motors, Inc., d.b.a. BMW of San Diego. It alleges that the vehicle was delivered to him “with serious defects and nonconformities to warranty, including, but not limited to, one or more faulty Takata airbags.” The complaint alleges a long history of the Takata company's manufacture of automotive safety devices, including airbags, and the company's early knowledge that its use of ammonium nitrate to inflate the airbags would...
2019.6.12 Motion to Compel Depositions 618
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.6.12
Excerpt: ...munication with La Cumbre Junior High School as to the purchase of the subject bottle of sulfuric acid; 4) PMK re: the distribution process of the subject bottle of sulfuric acid; and 5) PMK re: the subject incident. At the hearing, the court will ask the parties to agree to the dates, times, and places of the depositions. Absent an agreement, the court will set the dates, times, and places of the depositions. The court imposes a monetary sanctio...
2019.6.11 Motion for Judgment on the Pleadings 558
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2019.6.11
Excerpt: ... defaulted, and presently owes $2,573.42, plus costs and fees. Plaintiff alleges it is the successor-in-interest to Citibank. On May 3, 2019, defendant filed an answer on standard Judicial Council forms. He admitted all the statements in the complaint. In addition, he alleges: "I have been unable to work because of my disability as a result of a work incident. I also have been unable to receive my worker comp." (Answer, ¶ 5.) In his pray...
2019.6.11 Motion to Compel Deposition and Documents 794
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2019.6.11
Excerpt: ...onal Medical Center, where it was discovered that as a result of the fall, Charles suffered multiple fractures to his left hip. On November 10, 2018, he passed away. On November 21, 2018, this complaint was filed by Charles' successor in interest, Lee Levins, against Dignity Health, alleging the following causes of action: (1) elder abuse; and (2) negligent hiring and supervision. On April 16, 2019, the court set aside the default of Dignity Heal...
2019.6.11 Demurrer, Motion to Strike 449
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.6.11
Excerpt: ...ts Jackson and Engberg Medical Corporation, dba Jackson Medical Group, Inc., and Nancy Warner, NP, to plaintiff Laurie Ann Humberd's first amended complaint. As to these defendants only, the Court overrules the demurrer to the first cause of action for negligence; the Court sustains the demurrer to the second cause of action for strict liability without leave to amend, and the Court strikes the third cause of action without leave to amend but wit...
2019.6.11 Demurrer 060
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.6.11
Excerpt: ...Zubin Farinpour, Manning & Kass Ellrod, Ramirez, Trester LLP For Defendants Charles Miller, Pierre Chao, John Mei, David Oldham, and Christopher Holmes: Howard J. Steinberg, Greenberg Taurig, LLP For Defendant Lynn Chen: Stephen F. McAndrew, Kaufman McAndrew LLP For Defendant Mark Shaw: Timothy J. Trager, Meghan K. Woodsome, Reicker, Pfau, Pyle & McRoy LLP RULING: For the reasons set forth herein, the general and special demurrers of defendant Ke...
2019.6.10 Motion to Designate Vexatious Litigant 571
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.6.10
Excerpt: ...ckground: Plaintiff Laura Dewey filed this action against defendant Tarek Suleimanagich for breach of written contract and common counts for account stated and services rendered. Motion: Plaintiff moves for an order declaring defendant a vexatious litigant under CCP § 391(b)(3),which defines a vexatious litigant as a person who “In any litigation while acting in propria persona, repeatedly files unmeritorious motions, pleadings, or other paper...
2019.6.10 Motion to Compel Further Responses 958
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.6.10
Excerpt: ...to Demand for Production of Documents and Request for Monetary Sanctions Attorneys: For Plaintiff: Eric A. Woosley Defendant: self represented Tentative Ruling: 1. The court grants plaintiff/cross-defendant Pico Rivera First Mortgage Investors, LP's motion to compel further responses to form interrogatories and orders defendant/cross-complainant Henry Aguila to provide further responses to form interrogatories ##12.1 and 12.2 in each of the two s...
2019.6.10 Motion for Terminating Sanctions 842
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.6.10
Excerpt: ...nted TENTATIVE RULING: The motion of plaintiffs for terminating sanctions against defendant Sal Espinoza is granted in part and denied in part. The court orders that, on or before August 9, 2019, defendant Sal Espinoza shall serve on counsel for plaintiffs written, verified responses, without objection, to plaintiffs' form interrogatories, set one, and to plaintiffs' demand for production and inspection of documents, set one. On or before June 17...
2019.6.10 Motion to Confirm Extension of Five Year Deadline 388
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.6.10
Excerpt: ...o Trial ATTORNEYS: For Plaintiffs The Hollister Ranch Cooperative and the Hollister Ranch Owners' Association:Steven A. Amerikaner, Beth Collins, Hillary H. Steenberge, Brownstein Hyatt Farber Schreck, LLP For Plaintiffs Tim Behunin, Trustee of the Behunin Family Trust, Carolyn Pappas, Patrick L. Connelly, individually and on behalf of the Plaintiff Classes:A. Barry Cappello, Wendy D. Welkom, Cappello & Noel LLP For Defendants California Coastal ...
2019.6.7 Petition for Approval of Minor's Compromise 174
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.6.7
Excerpt: ... is granted. Background: On June 25, 2018, plaintiff Charles Franzen, by and through his guardian ad litem, Michael Franzen, filed his original complaint asserting one cause of action for medical malpractice. The complaint alleges that defendants Tamir H. Keshen, M.D., and Aimee E. Gough, M.D., a resident at defendant Santa Barbara Cottage Hospital (SBCH), negligently performed an infusion port removal surgical procedure on plaintiff Charles Fran...
2019.6.7 OSC Re Contempt, Request for Sanctions 278
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.6.7
Excerpt: ...0 days of the date of this order. BACKGROUND: This is an action for breach of contract, negligence, and private nuisance arising out of a residential lease agreement. In February 2017, plaintiff Kim Levine (“Levine”) executed a written lease agreement for real property located at 322 East Arrellaga Street, Santa Barbara, California 93101. The residential property is owned by defendant Janet Berschneider aka Jenna Berg acting individually and ...
2019.6.7 Motion to Compel Further Responses, Request for Sanctions 351
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.6.7
Excerpt: ...(BMW NA) and GMG Motors, Inc., d.b.a. BMW of San Diego. It alleges that the vehicle was delivered to him “with serious defects and nonconformities to warranty, including, but not limited to, one or more faulty Takata airbags.” The complaint alleges a long history of the Takata company's manufacture of automotive safety devices, including airbags, and the company's early knowledge that its use of ammonium nitrate to inflate the airbags would c...
2019.6.7 Motion for Bifurcation 492
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.6.7
Excerpt: ...al complaint in this action against defendants Barbara Kellner, Welterlen- Kellner, Inc., and Paw Asset Management, LLC. (Welterlen-Kellner, Inc., and Paw Asset Management, LLC, are referred to herein as the “entity defendants.”) On October 13, 2016, plaintiff Lisa Sands filed her original complaint in case number 16CV04593 against the same defendants. On October 17, 2016, the Etz plaintiffs filed their first amended complaint in this action....
2019.6.5 Motion to Vacate Voluntary Dismissal 261
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.6.5
Excerpt: ...demnation is pleaded against the City, and Plaintiffs' second cause of action for inverse condemnation is pleaded against the Fire Department. Defendants demur here to both causes of action on the grounds that the complaint does not state facts sufficient to state a cause of action for inverse condemnation against Defendants. Plaintiffs oppose the demurrer.1 Plaintiffs allege that on December 26, 2015, six buildings on two separate parcels were d...
2019.6.5 Motion to Disqualify Counsel 317
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.6.5
Excerpt: ...ghts Act, violation of the California Education Code, negligence, and negligent misrepresentation. Plaintiffs allege that they were sexually harassed and assaulted by defendant Caleb Alexander (“Alexander”), a fellow student, while they were all enrolled in the Master's of Psychology Program at defendant Pacifica Graduate Institute (“Pacifica”) during the 2016-2017 school year. Plaintiffs claim that when they reported Alexander's alleged ...
2019.6.5 Motion to Compel Answers at Deposition, for Protective Order 322
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.6.5
Excerpt: ...t objection, questions ##1, 2, 3, 5, 6, 7, and 9 in plaintiffs' separate statement and any reasonable follow up questions. Plaintiffs may also ask questions regarding employment records that have been subsequently produced. 3. The court grants plaintiffs Subiono Wasito and Enny Soenjoto's request for a monetary sanction. The court imposes a monetary sanction of $5,690, including attorney's fees and the $90 filing fee, payable on or before June 17...
2019.6.5 Motion for Attorney Fees 772
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.6.5
Excerpt: ...n or before June 28, 2019. Background: On December 21, 2016, plaintiff Dean Ventura filed his complaint in this action asserting four causes of action against defendants R&R Motorworks (R&R), Ralph Gold and Nancy Gold: (1) breach of contract; (2) fraud; (3) negligence; and, (4) violation of consumer protection statute. On January 31, 2017, defendants filed their answer to the complaint, generally denying the allegations thereof and asserting six ...
2019.6.4 Demurrer, Motion to Strike 842
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.6.4
Excerpt: ...d causes of action. The motion to strike is denied as improperly made. The sanction request is denied. Background Plaintiff's complaint, filed April 8, 2019, alleges causes of action for professional negligence, unfair business practices, and fraud, arising from defendant Dewey's brief representation of plaintiff in a family law matter involving issues of child custody, support, and visitation. Plaintiff alleges that Dewey performed very little w...
2019.6.4 Motion to Disqualify Counsel 974
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.6.4
Excerpt: ...the outset, the Court recognizes that this phase of the case is not stayed as a result of the SLAPP decision being appealed. An anti-SLAPP motion automatically stays ONLY trial court proceedings on causes of action affected by motion. (See Varian Medical Systems, Inc. v. Delfino (2005) 35 Cal.4 th 180) Background: Plaintiff Jane Doe filed her complaint on October 10, 2018, and her first amended complaint (FAC) on December 19, 2018. The operative ...
2019.6.3 Motion Augmenting Administrative Record, Writ of Mandate 590
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.6.3
Excerpt: ...fs Greg Smith and Judith Smith Robin L. Lewis, Assistant 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 for order augmenting the administrative record and/or admitting extra-record evidence is granted. The petition for writ of mandate challenging the determination by City Engineer Brian D'Amour that th...
2019.6.3 Motion to Compel Further Responses 339
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.6.3
Excerpt: ...nna Dyriam for Defendant Max Baril Barry Z. Brodsky for Defendant Meridian Group Real Estate Management, Inc. TENTATIVE RULING: Defendant's motion for order compelling plaintiff to provide further responses to form interrogatories is granted. Plaintiff shall provide its further responses, without objections, on or before June 13, 2019. Defendant is awarded monetary sanctions in the amount of $1,413.40. BACKGROUND: Plaintiff Filippini Wealth Manag...
2019.6.3 Motion to Quash Service, Vacate Orders 350
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.6.3
Excerpt: ...r Defendant Angelina Dettamanti: Marc E. Angelucci For Defendant David Farmer, Trustee: James C. Buttery, Elizabeth A. Culley, Andre, Morris & Buttery TENTATIVE RULING: For the reasons set forth herein, the motion of defendant Angelina Dettamanti to quash service and to vacate orders is denied. Counsel for the parties are to be prepared to discuss the issue of mootness at the hearing of this motion as identified by the court. Background: This civ...
2019.5.31 Motion to Seal Docs Filed Conditionally Under Seal 618
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.5.31
Excerpt: ...filed their putative class action complaint against defendant Ken's Foods, Inc., alleging causes of action for (1) violation of the California Consumers Legal Remedies Act (Civ. Code §1750 et seq.), (2) violation of the California False Advertising Law (Bus. & Prof. Code §17500 et seq.), and (3) violation of the California Unfair Competition Law (Bus & Prof. Code §17200 et seq.) Plaintiffs allege that they purchased a variety of salad dressing...
2019.5.31 Demurrer, Motion to Strike 718
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.5.31
Excerpt: ...ent Services to Second Amended Cross-Complaint of Dario L. Pini and for Award of Sanctions ATTORNEYS: For Plaintiff People of the State of California etc.: Ariel Pierre Calonne, John Doimas, Office of the City Attorney, City of Santa Barbara; Matthew R. Silver, Daniel J. Pasek, Silver & Wright LLP For Defendant, individually and as trustee, and Cross-Complainant Dario L. Pini and Defendants D.L.P. Properties, Nonnie Investments, LLC, 104 Las Aqua...
2019.5.31 Demurrer 622
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.5.31
Excerpt: ...r, motion to strike, and motion to quash, was dismissed without prejudice on January 28, 2019. In the current action, a First Amended Complaint (FAC) was filed on April 15, 2019, to correct the defect in the original complaint, which impermissibly been filed without having been verified. The FAC alleged that the parties entered into a written agreement under which defendant was to pay $2,900/month for a period of 5 years. It alleged further that ...
2019.5.29 Motion for Judgment on the Pleadings 871
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.5.29
Excerpt: ...fendant. The complaint sought damages of $3,525.09. Defendant filed his Answer on October 5, 2018, generally denying the allegations of the complaint. The Answer asserted affirmative defenses of latches, that any recovery should be denied based upon plaintiff's breach of the agreement, that the matter is subject to arbitration in lieu of litigation, that plaintiff has failed to mitigate its damages, and unjust enrichment. Plaintiff served request...
2019.5.29 Motion to Compel Further Answers 322
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.5.29
Excerpt: ...s, attorney Paul P. Tashnizi, in the amount of $2,090.00, to be paid to counsel for plaintiffs on or before June 13, 2019. In all other respects, including defendants' request for an award of monetary sanctions, the motion is denied. Background: On November 7, 2018, plaintiff Subiono Wasito served defendant Harry Kazali by electronic service with a first set of form interrogatories (W-FI) and a first set of special interrogatories (W-SI). (Malone...
2019.5.29 Motion to Compel Compliance with Subpoena 174
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.5.29
Excerpt: ...hew H. Conley, Henderson & Borgeson, in the amount of $1,000, to be paid to counsel for opposing parties on or before June 13, 2019. Background: Defendant Sandra Castellino, individually and as trustee of the Sandra Castellino Living Trust 1/29/15, issued a deposition subpoena for business records to third party deponent custodian of records for Joseph Migliore, D.C., on October 16, 2018. (Conley decl., exhibit A.) (Note: The exhibits to the movi...
2019.5.29 Motion for Sanctions 508
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.5.29
Excerpt: ... documents, set one, on or before June 12, 2019. BACKGROUND: This is an action for alleged breach of an insurance contract and bad faith. Plaintiff Jian Chen is the owner of residential property located at 361 Oliver Road, Santa Barbara, California 93109. At the time of the events in this case, plaintiff was insured under a homeowner's policy issued by defendant Interinsurance Exchange of the Automobile Club. The insurance policy covered plaintif...
2019.5.29 Motion for Protective Order 536
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.5.29
Excerpt: ...response to his removal, he filed a petition for writ of mandate seeking reinstatement as principal and all lost benefits arising from his removal from that position, combined with a complaint for (1) violation of 42 U.S.C. § 1983, alleging a violation of his liberty interest protected by the Due Process clause, and (2) unlawful retaliation in violation of Labor Code section 1102.5(c), for which he seeks compensatory and punitive damages. This C...
2019.5.28 Demurrer 011
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2019.5.28
Excerpt: ...rs Bill of Rights and a violation of T.I.L.A. The court sustained the demurrer with leave to amend as to the Homeowners Bill of Rights violation under Civil Code section 2923.7 as there were no facts to show that the group of three were anything but a single point of contact as contemplated by the statutory scheme. The court sustained the T.I.L.A. violation as to defendant Specialized Loan Serving without leave to amend, as it was not the owner o...
2019.5.28 Demurrer, Motion to Strike785
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.5.28
Excerpt: ...LLP RULING: (1) For the reasons set forth herein, the demurrer of defendants John Paullin and Bianca Jamgochian is sustained, with leave to amend, as to the second and third causes of action of plaintiff Lyn Gianni's first amended complaint. Leave to amend includes leave to state other causes of action arising from the same underlying facts as now alleged. (2) For the reasons set forth herein, the motion of defendants to strike portions of the fi...
2019.5.28 Motion to Quash Subpoena, Request for Monetary Sanctions 726
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.5.28
Excerpt: ...in L. Baumer of Lowthorp, Richards, McMillan, Miller & Templeman for plaintiffs Daniel Antu and Lisa Henry Robert T. Mackey/Gregory B. Selarz / Clara L. Porter of Veatch Carlson LLP for defendant James Patrick Lynch RULING: For the reasons explained below, the motion to quash is granted. No sanctions will be awarded. Background: This action arose from a motor vehicle accident which occurred on March 10, 2018, on Los Positas Road in Santa Barbara,...
2019.5.28 Petition to Compel Arbitration 931
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2019.5.28
Excerpt: ...q., a violation of Business and Professions Code section 17500, et seq., and a violation of the California Consumer Legal Remedies Act. Briefly, defendants allegedly sold a defective automobile to plaintiffs pursuant to a vehicle purchase agreement without disclosing the defects. The matter was originally filed in Santa Barbara, but was transferred to this court on February 21, 2019. Defendants have filed a joint motion to compel arbitration purs...
2019.5.24 Motion to Amend Judgment 003
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.5.24
Excerpt: ...ranted. BACKGROUND: Judgment creditor Butler America, LLC (fka Butler America, Inc.) (“Butler”) provides personnel services to engineering, technology, aeronautical companies. Butler supplies the personnel as temporary employees, pays their wages, and then invoices the client for the cost of the services. Judgment debtor Aviation Finance Services, LLC (“AFS”) purchases aircraft engines and other spare parts and then leases those parts to ...
2019.5.24 Minor's Compromise 174
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.5.24
Excerpt: ...mplaint asserting one cause of action for medical malpractice. The complaint alleges that defendants Tamir H. Keshen, M.D., and Aimee E. Gough, M.D., a resident at defendant Santa Barbara Cottage Hospital (SBCH), negligently performed an influsion port removal surgical procedure on plaintiff Charles Franzen, a minor. (Complaint, ¶ GN-1.) On August 2, 2018, defendant Dr. Keshen filed his answer to the complaint, generally denying the allegations ...
2019.5.24 Motion for Entry of Interlocutory Judgment 554
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.5.24
Excerpt: ...nt in this action seeking partition of real property located at 456 Valdez Avenue, Goleta (the Property). The complaint alleges that plaintiff Ham and defendant Dawn Williamson (Williamson) are sisters. (Complaint, ¶ 4.) At the time of the filing of the complaint, Williamson was the personal representative of the Estate of Robert William Williamson, which probate case was pending in this court as case number 15PR00338 (Probate Case). (Complaint,...
2019.5.24 Motion for Summary Adjudication 727
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.5.24
Excerpt: ... in excess of the coverage afforded by Federal Insurance Company. The motion for summary judgment of Federal Insurance Company is denied. BACKGROUND: This is an insurance coverage action arising out of a shooting and stabbing rampage on May 23, 2014, in Isla Vista, California, perpetrated by Elliot Rodger, who killed six people and injured fourteen others before committing suicide. Three of Rodger's victims were killed inside the Capri Apartments...
2019.5.24 Motion to Allow Sealing of Redactions to Amended Complaint 164
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.5.24
Excerpt: ...The court extends the time for plaintiffs to file an unsealed and unredacted first amended complaint to May 31, 2019. Background: On January 10, 2019, Filippini Wealth Management, Inc., Filippini Financial Group, Inc., Ian Filippini, and Alexandro Filippini (collectively “Filippinis”) filed their complaint against Meister & Nunes, P.C. (“Meister”), alleging causes of action for (1) professional negligence, (2) breach of fiduciary duty, (3...
2019.5.24 Motion to Compel Arbitration and Stay Proceedings 396
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.5.24
Excerpt: ..., 4) wrongful discharge in violation of public policy, and 5) failure to allow inspection of personnel file against defendants Santa Barbara Corporate Fitness, Inc. (“SBCF”), a franchisee of Gold's Gym, and Angel Banos (first and third causes of action only). On October 22, defendants answered the complaint. In February 2019, defendants substituted in new counsel and, on March 20, filed a motion to compel arbitration and stay proceedings. Def...
2019.5.24 Motion to Quash Service of Summons and Complaint 530
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.5.24
Excerpt: ...urring on April 26, 2019. Background: On January 30, 2019, plaintiff Ike's Place #9, LLC, filed its complaint in this action against defendant SH ICON Santa Barbara LLC asserting causes of action for breach of contract and fraud. On March 22, 2019, plaintiff purported to serve Jeremy Barnett on behalf of defendant. (Barnett decl., ¶ 8; Proof of Service, filed Mar. 25, 2019.) On April 22, 2019, defendant filed this motion to quash service of summ...
2019.5.24 Motion to Set Aside Default 062
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.5.24
Excerpt: ...d the sheriff attempt service at a large complex of numerous businesses and the sheriff sought more direction. Plaintiff then had the sheriff attempt service at defendant's residence on three occasions on November 14, 15, and 16, 2017, between 1:40 p.m. and 2:50 p.m. On April 11, 2017, the court entered an order for publication of summons. Notice was published in the Montecito Journal. Plaintiff requested and the court entered defendant's default...
2019.5.22 Demurrer 805
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.5.22
Excerpt: ...y of California improperly sanctioned him with a three-year post-graduation suspension. He contends that respondent issued improper administrative findings and decisions made by a single investigator without a live evidentiary hearing, without providing all the evidence and witness names, without any opportunity to question the complainant or adverse witnesses, and without providing any reasonable opportunity for petitioner to present a defense. ...
2019.5.22 Approval of Class Notice 104
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.5.22
Excerpt: ...ta, California. The property, an apartment building, is owned by defendant St. George & Associates. Plaintiff alleges that after he vacated his unit, defendant failed to return his security deposit within the time period specified by law and failed to provide a written accounting of all monies deducted from the deposit. On March 20, 2015, plaintiff filed his complaint on behalf of himself and all others similarly situated. On July 8, 2015, plaint...
2019.5.21 Motion to Disqualify Counsel 974
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.5.21
Excerpt: ...denies defendant Sonia Rosenbaum's motion to disqualify plaintiff's counsel. The Court denies plaintiff Jane Doe's request for expenses. 2. The Court grants the motion of defendants Alma Del Pueblo Owners Association and The Management Assoc., Inc., to disqualify James F. Scafide as counsel for plaintiff Jane Doe. Background Plaintiff Jane Doe filed her complaint on October 10, 2018, and her first amended complaint (FAC) on December 19, 2018. The...
2019.5.21 Motion for Judgment on the Pleadings 185
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2019.5.21
Excerpt: ...intiff.” Presumably, this involves a default on a consumer credit debt. Defendant filed an answer on standard Judicial Council forms, as follows: “Defendant admits that all of the statements in the complaint . . . are true EXCEPT: [¶] Defendant claims the following statements are false []: “None.” Defendant prays for the following: “I'm willing to pay $1,000 right away and would like to make payment arrangements for the remaining balan...
2019.5.20 Motion for Terminating Sanctions 786
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.5.20
Excerpt: ...g: The court grants the motion of State Farm Mutual Automobile Insurance Company for a discovery sanction and orders the uninsured motorist arbitration stayed until respondents Demetrio Valenzuela, Eliza Arriaga, and Beatriz Valenzuela comply with this court's January 14, 2019 order to serve verified responses to the form interrogatories and demands for inspection and production of documents. Background: On November 27, 2018, petitioner State Far...
2019.5.8 Motion to Strike 879
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.5.8
Excerpt: ...bicycle east on Sueno Road approaching the intersection of Camino Pescadero on November 15, 2017. (Complaint, ¶ 8.) Seife stopped at the stop sign and looked to the left and right. (Ibid.) Defendant Sina Faravashi was driving south on Camino Pescadero at an unsafe speed. (Complaint, ¶ 12.) At the time Seife had reached roughly the middle of Camino Pescadero, Seife was hit by the vehicle driven by Faravashi, causing serious bodily injuries to Se...
2019.5.6 Motion for Judgment Debtor Exam 405
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.5.6
Excerpt: ...oseph P. McMonigle, Jennifer A. Becker, Long & Levit LLP TENTATIVE RULING: As set forth herein, defendants shall appear at the hearing on this motion and present a completed application for order in compliance with Santa Barbara County Superior Court Local Rules, rule 1303(a). The court will further address this motion at the hearing. Background: On June 1, 2017, plaintiff Michael S. Little filed his original complaint in this action against defe...
2019.5.3 Motion to Compel Arbitration, Stay Proceedings 396
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.5.3
Excerpt: ...4) wrongful discharge in violation of public policy, and 5) failure to allow inspection of personnel file against defendants Santa Barbara Corporate Fitness, Inc. (“SBCF”), a franchisee of Gold's Gym, and Angel Banos (first and third causes of action only). On October 22, defendants answered the complaint. In February 2019, defendants substituted in new counsel and, on March 20, filed a motion to compel arbitration and stay proceedings. Defen...

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