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2019.10.30 Motion for Summary Judgment, Adjudication 689
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.10.30
Excerpt: ..., California. The contaminant is perchlorethylene (“PCE”), a solvent that has been used in the dry cleaning business and is identified as a hazardous substance under both federal and state law. Plaintiff 220 W. Gutierrez, LLC, is the current owner of the property, having taken title to the property in 2016 pursuant to a Prospective Purchaser Agreement (“PPA”) with the California Department of Toxic Substance Control (“DTSC”). Plaintif...
2019.10.30 Motion for Summary Judgment 837
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.10.30
Excerpt: ...for breach of sublease agreements, under which defendants subleased hangars at the Santa Barbara Airport. Plaintiff leased the hangars from the City of Santa Barbara under a master lease. MSC is scheduled for February 14, a pre-trial conference for March 11, and trial for March 16, 2020. Motion for Summary Judgment: Defendant FedEx moves for summary judgment on the ground that 1998 Ampersand Aviation, LLC, is not a party to the sublease and the c...
2019.10.29 Motion to Tax Costs 847
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.10.29
Excerpt: ...on of defendant CDM Smith, Inc., to tax costs is granted in part and denied in part. The Court fixes ordinary costs to be awarded in favor of plaintiff City of Santa Barbara and against defendant CDM Smith in the amount of $61,751.47. Background Plaintiff City of Santa Barbara (City) owns and operates the El Estero Wastewater Treatment Plant, which was built in 1951 to provide wastewater treatment for City and its residents. The wastewater treatm...
2019.10.29 Motion to Strike 993
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.10.29
Excerpt: ...s is a personal injury action arising out of an automobile versus pedestrian collision. During the late afternoon of November 29, 2018, plaintiff Miranda Baro was walking to her job as a waitress at a restaurant in downtown Santa Barbara. Plaintiff came to the corner of Victoria and Garden Streets and was waiting to cross Garden Street from east to west when defendant Lindsley Wessberg (“Wessberg”) approached the same intersection from the no...
2019.10.29 Demurrer, Motion to Strike 875
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.10.29
Excerpt: ...d Cary Matsuoka to Second Amended Petition and Complaint ATTORNEYS: For Plaintiff and Petitioner Fair Education Santa Barbara, Inc.: Eric P. Early, Peter Scott, Early Sullivan Wright Gizer & McRae LLP For Defendants and Respondents Santa Barbara Unified School District, and Cary Matsuoka, in his capacity as Superintendent of Santa Barbara Unified School District: Craig Price, Joseph M. Sholder, Griffith & Thornburgh, LLP For Defendant and Respond...
2019.10.25 Motion for Summary Judgment, Adjudication 628
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.10.25
Excerpt: ...tion to Seal Court Records. The court orders that the sealed Omnibus Appendix of Exhibits that plaintiff filed under seal on September 23, 2019, shall remain under seal. However, plaintiff shall file an Amended Omnibus Appendix of Exhibits with only the “MEDICAL/MEDICAL EMERGENCY” paragraphs of pages 722 and 726 redacted. All other pages, including but not limited to pages 715, 718- 733, and 739-744, shall be not be redacted. Background: This...
2019.10.25 Demurrer 559
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.10.25
Excerpt: ... Pedregosa Street, Santa Barbara, California. The owners of the property are defendants Astrid Nelson, individually and as trustee of the Westside Irrevocable Trust, and Clifford Nelson (together, “Nelson”). Defendant Santa Barbara Apartment Association, Inc. (“SBAA”) is a professional group of landlords and attorneys who created the form lease used in this matter. Defendant Beverly Hills (“Hills”) is a member of SBAA and the person w...
2019.10.25 Demurrer 417
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.10.25
Excerpt: ...eries of construction projects in Goleta, California. Before being hired, plaintiff was presented with a written offer of employment from defendant, which he accepted. The offer stated that plaintiff would be compensated at the rate of $17,333.34 per month, equating to an annual salary of $208,000.00 per year. The offer also stated that plaintiff would be eligible for a ten percent (10%) bonus should certain project deadlines be achieved. The bon...
2019.10.23 Application for Writ of Possession 753
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.10.23
Excerpt: ...39,876.84 to defendant Daniel Robert Sarena dba ECO Cast to purchase a 2008 International 4200 Diesel Flatbed Truck. The truck served as collateral for the loan. On February 1, 2019, defendant failed to make the payment then due on the loan. Currently, there is due and owing from defendant to plaintiff the principal sum of $9,969.21, plus interest. Pursuant to the terms of the loan and security agreement, plaintiff is entitled to immediate posses...
2019.10.23 Motion to Compel Arbitration and Stay Case 259
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.10.23
Excerpt: ...nd Nora Betz, co-trustees of the Lieber Family Revocable Trust. In their first amended complaint, plaintiffs allege: Plaintiffs and defendants are tenants in common of real property at 1367 Danielson Road in Santa Barbara. [FAC ¶4] On September 19, 2014, they entered into a written Co-Ownership Agreement (“COA”) setting forth their respective rights and duties. [FAC ¶5, Exhibit A] (Exhibit A is attached to the original complaint but not the...
2019.10.23 Demurrer, Motion to Strike 502
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.10.23
Excerpt: ...pportunity to attempt to correct these pleading defects, the Court will grant her leave to file an amended pleading. Any such amended pleading must be filed on or before November 6, 2019. Background: Plaintiff's operative Second Amended Complaint (SAC) alleges causes of action against defendant Inn of the Spanish Gardens, LLC, erroneously sued as Spanish Garden Inn (Inn), for negligence and intentional infliction of emotional distress. Those caus...
2019.10.23 Motion to Conduct Financial Discovery, for Protective Order 660
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.10.23
Excerpt: ...otion for a protective order and for establishment of deposition procedures and the court orders as follows: At all depositions in this case, only the deponent, the parties, the parties' counsel of record, and the court reporter and/or videographer shall be present. In no event may Eric Alan Cover be present at any deposition other than his own. For any deposition taken by telephone or other remote electronic means, all parties and their counsel ...
2019.10.22 Motion to Dissolve Preliminary Injunction 868
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2019.10.22
Excerpt: ...ecords is not subject to judicial notice. (Board of Pilot Commissioners for the Bays of San Francisco, San Pablo and Suisun v. Superior Court, 218 Cal.App.4th 577, 597, 160 Cal.Rptr.3d 285, 41 Media L. Rep. (BNA) 2492 (1st Dist. 2013).). Unfortunately the classic statement of this rule contains one significant exception: judicial notice may be taken “of the truth of facts asserted in documents such as orders, findings of fact and conclusions of...
2019.10.22 Motion for Attorney Fees 188
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.10.22
Excerpt: ...ont College (Westmont) is a Christian-based post-secondary private educational institution. Petitioner John Doe, a freshman attending Westmont, was accused by Jane Roe, who was then also a student at Westmont, of sexual assault. (Note: The names of students involved or which gave rise to the discipline at issue have been replaced in the parties' papers with pseudonyms to protect their respective privacy interests. The court uses the same pseudony...
2019.10.22 Demurrer 938
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2019.10.22
Excerpt: ... exiting Brick Barn's commercial establishment when “suddenly and without warning [he] fell down the exterior stairs to the parking lot,” causing serious injuries. Plaintiff contends Brick Barn, as owner, failed to maintain the premises in reasonably safe condition, failed to provide adequate lighting, otherwise failed to construct/maintain the exterior stairs in line with existing safety standards, and failed to warn of the danger the stairs...
2019.10.22 Demurrer 175
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.10.22
Excerpt: ...omplaint for breach of contract on September 26, 2019, seeking damages of $38,700.00, plus interest, against defendants Vince Pettit and Eilene Bruce. The complaint alleges that on march 1, 2019, he entered into an oral agreement with defendants under which he would perform handyman duties for defendants at a rate of $20.00/hour, in exchange for room and board (rent) in the amount of $1150/month. Any amount earned that exceeded the amount due for...
2019.10.21 Motion for Prejudgment Possession of Real Property 339
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.10.21
Excerpt: ...udgment possession of the subject property is granted. The order for possession shall be effective thirty (30) days after service of the order. BACKGROUND: This is an action for eminent domain. On May 21, 2019, plaintiff City of Goleta (“City”) adopted a Resolution of Necessity, stating that public interest and necessity required the acquisition by eminent domain of (1) a fee interest, (2) a permanent flood control easement, and (3) a tempora...
2019.10.21 Motion for Attorney Fees 178
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.10.21
Excerpt: ...torneys: 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 Lawson: Ian M. Guthrie (Schley, Look & Guthrie) For Defendants Westen Family Group and Derek Westen: Scott B. Campbell, et al. (Rogers, Sheffield & Campbell) For Defendant Peter Westen: R. Chris Kroes, et al. (McCarthy & Kroes) Tentative Ruling: 1. The court denies ...
2019.10.16 Special Motion to Strike 698
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.10.16
Excerpt: ...re the owner and manager of Nomad Village Mobile Home Park, a 150-space mobile home park located at 4326 Calle Real, Santa Barbara, California 93110. Defendants Arthur A. Allen, et al. (there are approximately 145 named defendants) are all homeowners who reside in the mobile home park. On December 18, 2017, plaintiffs filed their initial complaint in the action. Plaintiffs filed their first amended complaint on July 23, 2018, and their second ame...
2019.10.16 Demurrer 939
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.10.16
Excerpt: ...lo Street, Santa Barbara, where XHR operates a hotel business known, among other names, as the “Kimpton Canary Santa Barbara.” (Complaint, ¶ 2.) Collectively the real property, personal property, and intangible rights and assets are referred to herein as the “Hotel Assets.” XHR purchased the Hotel Assets on July 22, 2015, for $80 million. (Complaint, ¶ 5.) The purchase of the Hotel Assets included an assignment to XHR of a management ag...
2019.10.16 Motion for Prejudgment Possession 347
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.10.16
Excerpt: ...g Hollister Avenue, related to the Ekwill-Fowler Project. It seeks prejudgment possession of the portions of the property, including fee, permanent flood control easement, temporary vegetation mitigation and monitoring easement, and temporary construction easement interests. The Newland defendants are the record owners of the real property, Parcel 071-090-036; defendant Verizon is the owner of an easement interest on the property. The City had ad...
2019.10.11 Motion for Attorney Fees 820
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.10.11
Excerpt: ...nst plaintiff Kent Beall in the amount of $877.50. Background: On August 3, 2018, plaintiffs Grant Beall and Kent Beall filed their original class action complaint in this action. On September 17, 2018, without defendant having filed any response, plaintiffs filed their first amended complaint (FAC). The FAC asserted nine causes of action: (1) violation of Civil Code section 1950.5, subdivision (f)(1)—failure to disclose right of storage and fa...
2019.10.11 Motion to Quash Service of Summons 260
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.10.11
Excerpt: ...n 2013, respondent Los Meganos Homeowners' Association (“Los Meganos”) foreclosed on the condominium for nonpayment of assessment fees. That foreclosure gave rise to several lawsuits that were eventually consolidated under Santa Barbara County Superior Court Case No. 1415519, DLG Family Limited Partnership v. Los Meganos Homeowners Association. In August 2016, a global settlement of the litigation was reached at the mandatory settlement confe...
2019.10.11 Motion for Approval of Class Action Settlement 838
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.10.11
Excerpt: ...the Court has had a number of concerns regarding the settlement which was entered by the parties, and the provisions it made for notification of the class. In response to its initial request for further information, the parties prevented further information, and entered into an Amendment to the Settlement Agreement, to address the Court's concerns. While information and Amendment addressed most of the Court's earlier-expressed concerns, there wer...
2019.10.8 Motion for Attorney Fees 847
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.10.8
Excerpt: ...owns and operates the El Estero Wastewater Treatment Plant, which was built in 1951 to provide wastewater treatment for City and its residents. The wastewater treatment involves three stages of treatment – primary, secondary, and tertiary. The primary treatment consists of the removal of solid matter from the wastewater. The secondary treatment consists of a biological process by which microbes are added to the wastewater in order to further cl...
2019.10.8 Motion for Summary Judgment 406
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.10.8
Excerpt: ...ice, Inc. RULING: Defendants' motion for summary judgment or, in the alternative, summary adjudication is denied. The court finds that there are triable issues of material fact as to each cause of action in the complaint. The 11/19 Trial Date and 11/1 MSC Date are confirmed. BACKGROUND Plaintiff Smartvest Group, LLC (“Smartvest”) is a personnel staffing company. Sergio Perez (“Perez”) is the principal and sole member of the limited liabil...
2019.10.4 Motion for New Trial, for Judgment Notwithstanding the Verdict, to Tax Costs 500
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.10.4
Excerpt: ...tted a Memorandum of Costs seeking $101,364.94 in costs. Through the filing of an errata which reflected the updated and accurate jury fees, once plaintiff was able to obtain the information from the court, the Jury Fee request was increased from the $3,516.60 reflected on the Memorandum of Costs, to $4,253.88, an increase of $737.28. As a result, the total amount of costs sought by plaintiff increased to $102,102.22. Defendant has filed a motion...
2019.10.2 Motion to Compel Neuropsychological Exam 174
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.10.2
Excerpt: ...mination will be denied. Counsel for the parties are required to appear in person or by telephone at the hearing of this motion. Background: On August 23, 2018, plaintiff Destiny Hitchcock filed her complaint in this action asserting causes of action arising out of claims that Hitchcock suffered carbon monoxide poisoning from a defective heater while a tenant at real property owned by defendant Sandra Castellino, individually and in her capacity ...
2019.10.2 Motion to Strike 857
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.10.2
Excerpt: ...ation against defendant Shalini Ananda. Plaintiff alleges: Plaintiff and defendant work in the field of health technology in different areas of specialization. They never worked for the same company and are not connected professionally or personally. They met on July 18, 2013, at Rock Health, a company that supports start-ups in health technology. [FAC ¶6] After some social media contacts, plaintiff blocked defendant. [FAC ¶¶7-9] Defendant sen...
2019.10.1 Motion to Compel Further Responses 413
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.10.1
Excerpt: ... Compel Further Responses to Special Interrogatories (Set One); Request for Sanctions Defendant County of Santa Barbara's motion to Compel Further Responses to Inspection Demand (Set One); Request for Sanctions Attorneys: For Plaintiff: Craig S. Granet (Fell, Marking, et al.) For Defendant: Lina Somait, Deputy County Counsel Ruling: 1. The Court grants, in part, defendant County of Santa Barbara's Motion to Compel Further Responses to Form Interr...
2019.1.30 Motion to Vacate Renewal of Judgment 957
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.1.30
Excerpt: ... $32,183.87, including the original judgment and accrued interest. Delgado filed a motion for an order vacating the renewal of judgment on the ground that the debt was discharged in the U.S. Bankruptcy Court on May 29, 2012, Case No. 9:12-bk-10616-PC. Varela opposes the motion. Varela argues that he did not receive notice of the bankruptcy and that he may still pursue the judgment due to the filing of a judgment lien prior to the bankruptcy petit...
2019.1.30 Motion to Compel Deposition of Person Most Knowledgeable 050
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.1.30
Excerpt: ... the valuation of commercial real property for tax purposes. Petitioner Joseph E. Holland (“Holland”) is the Assessor for the County of Santa Barbara. Respondent The Pictsweet Company (“Pictsweet”) is a frozen food processing company with a plant in Santa Maria. The Santa Maria plant was built in 1978 and its base year for property tax purposes under Proposition 13 was established at that time. As originally constructed, the plant include...
2019.1.30 Motion for Protective Order 938
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.1.30
Excerpt: ...the Superior Court. Background: On February 23, 2018, plaintiffs Linea Polk and Shannon Morgan Polk commenced this action against defendant David Gerrity, individually and as trustee of the David W. Gerrity Revocable Trust. (Plaintiffs also named Janette Van Hirtum as a defendant but have since dismissed the complaint as to her.) Plaintiffs are tenants of property at 512 E. Victoria Street in Santa Barbara and defendant is their landlord. Plainti...
2019.1.30 Motion to Compel Production of Non-Privileged Document 536
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.1.30
Excerpt: .... Defendant Santa Barbara Unified School District shall serve its further response on or before February 14, 2019. Background: In his petition and complaint, petitioner Edward Behrens seeks a writ of mandate and damages related to his demotion by respondent Santa Barbara Unified School District (SBUSD) from his position as a high school principal. This motion presents two distinct issues (which properly should not have been combined into a single...
2019.1.29 Petition for Compromise of Minor 731
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.1.29
Excerpt: ...Dao RULING: The petition for approval of the compromise of the claims made by minor plaintiff Jared Richards will be approved. No appearance by petitioner or the minor at the hearing is required. The Court notes, however, that the claims of minor plaintiff Jake Richards have not been addressed, and the Court will require further information about those claims, possibly to include the submission of a petition for approval of the compromise of his ...
2019.1.29 Demurrer 406
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.1.29
Excerpt: ...nd amended complaint of plaintiff Smartvest Group, LLC, is overruled. Defendants shall file and serve their answer to the second amended complaint on or before February 13, 2019. Background: In its second amended complaint (SAC), plaintiff Smartvest Group, LLC, (Smartvest) alleges: On December 3, 2013, Smartvest entered into a Consulting Agreement with San Diego Personnel & Employment Agency, Inc. (SDP), under which Smartvest, through its designe...
2019.1.29 Demurrer 011
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2019.1.29
Excerpt: ...7, plaintiff submitted a request for loan modification, which she alleges was never acted upon. On January 5, 2018, a Notice of Default was recorded on behalf of US Bank. On June 13, 2018, plaintiff filed a complaint and an ex parte application for temporary restraining order enjoining the sale of the property. The complaint alleged causes of action for violations of the Truth in Lending Act and the Homeowner's Bill of Rights Act against US Bank,...
2019.1.28 Demurrer 526
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.1.28
Excerpt: ...nant West Coast Private Investments, LLC Frederic T. Tanner / Steven A. Garcia of Nelson Griffin LLP for cross- defendant Laurence J. Bloom TENTATIVE RULING: The demurrer is ordered off calendar, based upon cross-defendant's failure to comply with the mandatory pre-demurrer requirements set forth in Code of Civil Procedure section 430.41. Cross-defendant is ordered to answer the cross- complaint no later than February 8, 2019. Background: This is...
2019.1.28 Motion to Compel Deposition of Person Most Qualified, for Production of Docs, for Sanctions 122
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.1.28
Excerpt: ... and Production of Documents and Request for Sanctions; (2) Motion to Compel Deposition of Person Most Qualified in City Attorney's Office Regarding Sidewalk-Related Personal Injury Lawsuits and Production of Documents and Request for Sanctions ATTORNEYS: John B. Richards for Plaintiff Muriel Godfrey Tom R. Shapiro, Assistant City Attorney, for Defendant City of Santa Barbara TENTATIVE RULING: Plaintiff's motion to compel the deposition of defend...
2019.1.28 Motion to Compel Appearance for Examination, to Disqualify Counsel 628
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.1.28
Excerpt: ...w Dubovoy Andrew C. Hubert of Thompson Coe & O'Meara, LLP for defendants Timothy Pryko and Kyryll Dubovoy TENTATIVE RULING: The motion to compel is granted, as outlined below. Plaintiff's opposition request for sanctions is denied. Background: This action arises from a single vehicle accident which occurred on June 25, 2015, on the northbound U.S. 101, within Los Angeles County. At the time of the accident, plaintiff Andrew Dubovoy was a passenge...
2019.1.28 Petition for Release of Property from Lien 792
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.1.28
Excerpt: ...Respondent Carrillo Builders, Inc.: No appearance TENTATIVE RULING: The petition for release of property from mechanic's lien is granted. DISCUSSION: On December 11, 2018, petitioner Nicole Ybarra filed a verified petition for an order releasing her real property located at 2426 Las Positas Road in Santa Barbara from a mechanic's lien. (Petition, filed Dec. 11, 2018, ¶ 1.) Respondent Carrillo Builders, Inc., recorded a mechanic's lien claim on M...
2019.1.25 Motion for Summary Judgment 853
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.1.25
Excerpt: ...Sanabria C. Cordova. Plaintiff alleges that it is a California nonprofit corporation doing business as Santa Barbara Green Mobile Home Park (SBGMHP). Plaintiff alleges: On September 30, 2003, defendant entered into a 12-month rental agreement for a space in SBGMHP commencing November 1, 2003. The agreement attached to the complaint as Exhibit A is signed by defendant. The signature line for “Park Management” is not signed. On September 18, 20...
2019.1.25 Motion for Sanctions 673
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.1.25
Excerpt: ...8, plaintiffs Aaron S. Holtgrewe and Erica Oxenham-Holtgrewe filed their original complaint in this action asserting two causes of action: (1) intentional trespass with damage to timber (Civ. Code, § 3346); and (2) negligent damage to property. On August 10, 2018, defendants Meridian Group Real Estate Management, Inc. (Meridian) and Jennifer A. DeSandre (collectively, demurring parties) filed their demurrer to the complaint. On September 27, 201...
2019.1.25 Motion for Protective Order 727
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.1.25
Excerpt: ...t, plaintiff Cynthia Ginn is a resident of San Diego County, California. In November 2012, plaintiff was convicted and sentenced to state prison for seven years and four months for driving under the influence. Plaintiff had previously been charged with and convicted of multiple DUI's over a period of several years. Following one of her earlier convictions in 2010, plaintiff had voluntarily enrolled in a rehabilitation program in an attempt to bec...
2018.8.14 Demurrer, Motion to Strike Punitive Damages 715
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.8.14
Excerpt: ...he fifth cause of action for private nuisance are sustained, with leave to amend on or before August 24, 2018. The demurrer to the seventh cause of action for retaliatory eviction is overruled. The motion to strike the punitive damage allegations is denied. 2. CMC calendared at 8:30; Demurrer and Motion to Strike calendared at 9:30; The Court will call both matters at the 8:30 calendar Background Plaintiffs' claims arise from their residence at p...
2018.8.14 Motion for Summary Adjudication 640
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2018.8.14
Excerpt: ...urt's review of the motion work, coupled with the new schedule for motions and the site visit confirmed at the July 27, 2018 chambers conference (as reflected in the minute order), the court continues both summary adjudication motions to November 6, 2018, with the court trial date now scheduled for January 7, 2019. The reasons for this course of action are multifaceted. Initially, the court observes that the summary adjudication motions were file...
2018.8.14 Petition to Compel Arbitration 755
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.8.14
Excerpt: ... set forth in petitioner's April 6, 2018, letter to Allstate. The arbitration shall take place within ninety (90) days of the date of this order, unless the parties agree to a later date. BACKGROUND This is a petition to compel arbitration of an uninsured motorist claim. On December 8, 2016, petitioner Bryn Martin (“Martin”) was involved in a motor vehicle accident with an uninsured motorist. At the time of the accident, Martin was insured un...
2018.8.14 Demurrer, Motion to Strike, to Compel Responses 305
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.8.14
Excerpt: ...pel Further Responses to Requests for Production of Documents Attorneys: For Plaintiffs Curvature LLC and Curvature, Inc.: Meryl Macklin, Bryan Cave Leighton Paisner LLP; Lawrence J. Conlan, Cappello & Noel LLP For Defendants PivIT Global, Inc. Troy Jacobsen, Justin Sparks, Joe Zender, Mick McKay, Jeff Jacobsen, Markis Robinson, and Alex Karis: Claude M. Stern, Ryan S. Landes, Michael F. LaFond, Leonidas Angelakos, Quinn Emanuel Urquhart & Sulliv...
2018.8.13 Motion for Protective Order 318
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2018.8.13
Excerpt: ...nifer M. Miller (Nye, Peabody, et al.) For Defendants Schulman and Triathlon Club: Steven B. SToltman, eta l. (Stoltman, Levitt, et al. – Thousand Oaks) Tentative Ruling: The court grants defendant Regents of the University of California's Motion for an Order Authorizing the Production of Student Identifying Information Subject to Protective Order. The court orders that Regents of the University of California shall disclose the identity of the ...
2018.8.10 Motion for Attorney Fees 432
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.8.10
Excerpt: ...red into a written commercial lease agreement with defendants Sophan Thai and Roy Walker for premises located at 1013 State Street, Santa Barbara, California 93101. The intended use of the premises was as a beauty salon. The tenancy was for five years and the agreed upon rent was $7,400.00 per month, payable on the first of the month. Defendants frequently failed to pay the rent on time, or at all, and on March 14, 2018, plaintiff personally serv...
2018.8.10 OSC Re Petition for Writ of Administrative Mandate 053
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.8.10
Excerpt: ...red and Revised as of 2/5/18 and orders petitioner John Doe reinstated at the University of California, Santa Barbara, effective Fall Quarter of the 2018-2019 academic year. Respondent shall facilitate Doe's enrollment and scheduling of classes. Background: In this proceeding, petitioner John Doe, a student at the University of California Santa Barbara (“UCSB”), sought a writ of mandamus challenging his dismissal from UCSB, after he was accus...
2018.8.10 OSC Re Sale of Dwelling 951
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.8.10
Excerpt: ... issues set forth herein together with this order and notice of continuance of the hearing on the order to show cause. Judgment debtor shall file and serve any opposition or response papers on or before August 24, 2018. Background: On May 2, 2005, plaintiff and judgment creditor Douglas J. Crawford obtained a judgment by default against defendant and judgment debtor Anthony S. Haaland in the principal amount of $75,606.00. On March 5, 2015, judgm...
2018.8.8 Motion for Summary Judgment, Adjudication 141
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2018.8.8
Excerpt: ...t against defendant Unico American Corporation for aiding and abetting tortious conduct and denies the motion in all other respects. 2. The court denies defendants Crusader Insurance Company and Unico American Corporation's motion for sanctions. Background and Second Amended Complaint (“SAC”): This action arises from a fire which occurred on July 7, 2011, at plaintiff David Gerrity's property. At the time, plaintiff's property was covered by ...
2018.8.8 Motion to Set Aside Default 749
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2018.8.8
Excerpt: ...t awards attorney fees and costs in favor of plaintiff Jacqueline Misho and against attorney David Friedman and Friedman & Friedman in the amount of $511.00, to be paid to counsel for plaintiff on or before August 24, 2018. Background: On April 6, 2018, plaintiff Jacqueline Misho dba Misho Law Group (Misho) filed her complaint in this action against defendants Catherine Ann (“Cat”) Cora (Cora) and Cat Cora, Inc. (CCI). Proof of service on bot...
2018.8.7 Motion for Summary Judgment 029
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.8.7
Excerpt: ...n, Barbara A. Carroll, Clinkenbeard, Ramsey, Spackman & Clark, LLP For Defendants Santa Barbara County Sheriff's Office and Santa Barbara County Clinic: R. Chris Kroes, McCarthy & Kroes Ruling: For the reasons set forth herein, hearing on the motion of defendants Santa Barbara Cottage Hospital and Goleta Valley Cottage Hospital for summary judgment is continued to October 16, 2018. Plaintiff Robert Eldon shall file and serve opposition to the mot...
2018.8.7 Motion for Judgment on the Pleadings 755
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2018.8.7
Excerpt: ...nd presently owes $6,001.45, plus costs and fees. A 13-page customer agreement is attached to the complaint. On February 22, 2018, defendant filed an answer on standard Judicial Council forms. She did not provide a general denial or any affirmative defenses. Instead, under the item 3(b), she checked the following box: “Defendant admits that all of the statements of the complaint . . . are true EXCEPT:” She identifies nothing false in plaintif...
2018.8.7 Motion to Dismiss 758
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.8.7
Excerpt: ...eclaratory relief, peremptory writ of mandate, alternative writ of mandate, and injunction. On December 14, 2016, Doe filed a first amended petition and complaint (“FAP”), adding a cause of action for administrative mandamus. Doe named the University of California, Santa Barbara (“UCSB”), and the Regents of the University of California (“Regents”) as respondents/defendants. Doe challenged his August 30, 2016, interim suspension by UCS...
2018.8.7 Motion to Enforce Settlement 467
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2018.8.7
Excerpt: ...fter February 27, 2015, owing $1,433.60. Arganda was served with the summons and complaint on April 20, 2017, by substituted service. Before an answer was filed, plaintiff filed a “Notice of Settlement of Entire Case” on July 13, 2017. The complaint has not been voluntary withdrawn or dismissed (and thus remains operative). On June 27, 2018, plaintiff filed a notice of motion and motion to enter judgment pursuant to Code of Civil Procedure se...
2018.8.6 Motion for Leave to File Amended Answer, to Strike 178
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2018.8.6
Excerpt: ...otion of Defendants Westen Family Group LLC and Derek Westen for Leave to File First Amended Answer Attorneys: For Plaintiffs Nicole Nagel and ESY Investments, LLC: Paul J. Laurin, Matthew B. O'Hanlon, Jonathan J. Boustani, Barnes & Thornburg LLP; K. Andrew Kent, Rincon Venture Law Group For Defendants Westen Family Group, LLC, and Derek Westen, individually and as trustee of the Westen Family Trust U/A dated July 2, 1999: Scott B. Campbell, Roge...
2018.8.3 Demurrer 762
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.8.3
Excerpt: ... ¶ 8.) RPP accepted credit and debit cards from customers who made and make purchases at its restaurants. (Complaint, ¶ 9.) On September 30, 2017, plaintiff Douglas May used a credit card to make purchases at a RPP pizza restaurant. (Complaint, ¶ 10.) The expiration date of May's credit card was printed on the receipts generated and provided to May by RPP at the point of sale. (Complaint, ¶ 10.) RPP has printed the expiration dates of credit ...
2018.8.3 Motion to Compel Responses, for Sanctions 057
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.8.3
Excerpt: ... BACKGROUND: In this action, plaintiff Buynak, Fauver, Archbald & Spray, LLP (“BFAS”) seeks to recover legal fees allegedly owed by defendants Richard Laver and Michelle Laver (“Lavers”) and their company, defendant Kate Farms, Inc. (“Kate Farms”), for legal services provided in connection with various business matters. The operative complaint is plaintiff's Second Amended Complaint (“SAC”), filed on November 30, 2017. After a suc...
2018.8.3 Motion to Compel, for Protective Order 522
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.8.3
Excerpt: ...ret and other confidential commercial information only. Counsel shall comply with CRC 3.1312 in serving and submitting the proposed order. 2. The court grants, in part, plaintiff Maribel Barrios's motion to compel further verified responses from defendant Gerber Funes Solorzano to Form Interrogatories, Set One, and orders that defendant Gerber Funes Solorzano shall, on or before August 13, 2018, provide further responses to Form Interrogatories 2...
2018.8.3 Motion for Final Approval of Class Action Settlement 471
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.8.3
Excerpt: ...ublic, and all others similarly situated, a complaint for violation of California consumer protection statutes (Civil Code §§ 1749.5 and 1750; B&P Code ¶ 17200) and for declaratory relief against defendant Aveda Experience Centers, Inc. (“Aveda”). Plaintiff alleges: She had a gift card issued by Aveda. After using the card, the balance was less than $10.00. Aveda denied plaintiff the cash balance in violation of Civil Code § 1749.5(b)(2)....
2018.8.1 Motion to Set Aside Default, Judgment 093
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2018.8.1
Excerpt: ...and the remaining balance within 5 months. If the total balance was not paid by 1/23/17, liquidated damages of $3,000 was to be added to the balance. Defendant apparently made some payments, but failed to pay the remaining $16,000 on the sales price. The complaint sought that $16,000, plus the $3,000 in liquidated damages, for total damages of $19,000. The complaint also sought punitive damages. The summons and complaint were personally served on...
2018.8.1 Motion for Judgment on the Pleadings 564
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2018.8.1
Excerpt: ...aintiffs shall file and serve their second amended complaint on or before August 31, 2018. (See Code Civ. Proc., § 438, subd. (h)(2) [30 days leave to amend].) Background: As alleged in the first amended complaint (FAC): Plaintiff George Merino is the successor trustee of the Barbara S. Adams 2014 Revocable Trust (Trust) and sole residuary beneficiary of the Estate of Barbara S. Adams. (FAC, ¶ 1.) Plaintiff Lawrence T. Sorensen is the court- ap...
2018.8.1 Demurrer, Motion to Strike 149
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2018.8.1
Excerpt: ...8, alleges causes of action for (1) breach of contract, (2) breach of the covenant of good faith and fair dealing, (3) money had and received, (4) intentional misrepresentation, (5) negligent misrepresentation, (6) conversion, and (7) declaratory relief. Plaintiff Anthony Frank (Frank) alleges that on October 14, 2010, he and defendant Edward St. George (St. George) entered into three written agreements relating to property at 3201 Braemar Drive,...
2018.7.31 Motion to Quash, for Protective Order 630
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2018.7.31
Excerpt: ... for a motion to quash and for a protective order, following the issuance of three (3) subpoenas duces tecum by defendant served on Rabobank, asking for documents involving WUR, Inc., John Louderback, and Jacqueline Louderback. According to the relevant two subpoenas at issue, defendants seek five (5) categories of documents about the loan application, origination document, loan correspondence, etc. involving plaintiff's original Loan No. 08-2906...
2018.7.31 Demurrer 892
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2018.7.31
Excerpt: ...led in Parcel Map Book 50, Pages 71 and 72 ("Parcel 3"). Defendant Rowles Holdings LLC is a California limited liability company ("LLC") and it owns, and has owned since August 2014, real property known as Parcel 2 of Parcel Map No. 14,267 ("Parcel 2"). Parcel 2 lies in between Parcel 3 and Alisos Canyon Road. Plaintiffs acquired Parcel 3 in March 2010, from Richard J. Nash and Susanna W. Nash, and at the time, Plaintiffs ...
2018.7.31 Demurrer, Motion to Strike Punitive Damages 355
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.7.31
Excerpt: ...RULING: Defendants' demurrer to plaintiff's first, second, third, fifth, and sixth causes of action for injunctive relief, declaratory relief, quiet title, and violations of the California Homeowners Bill of Rights is sustained without leave to amend. Defendants' demurrer to plaintiff's fourth cause of action for negligence is overruled. Defendant's motion to strike the punitive damages allegations in the complaint is granted without leave to ame...
2018.7.31 Motion to Continue Trial 693
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.7.31
Excerpt: ...: “According to the complaint, this case arises out of an October 20, 2015 car accident, with plaintiff alleging that defendant Shane Shields negligently operated a Honda Pilot owned by her parents Mark and Jody Shields, so as to cause a car accident with plaintiff. Ms. Shane Shields' presence at trial and availability to testify there is essential to the defense of this case. The principal defendant, Ms. Shane Shields, who was driving the car ...
2018.7.30 Demurrer 646
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2018.7.30
Excerpt: ... Bobby Saadian, Colin M. Jones, Jonathan C. Teller, Wilshire Law Firm For Defendant Community Solutions, Inc.: Thomas E. Beach, Darryl C. Hottinger, Paul D. Singer, Beach Cowdrey Jenkins, LLP For Defendant Stalwart Clean and Sober, Inc.: Samuel A. Wyman, Jack H. Snyder, Wolfe & Wyman LLP Tentative Ruling: For the reasons set forth herein, the demurrer of defendant Community Solutions, Inc., is sustained, with leave to amend, as to all causes of a...
2018.7.30 Motion for Judgment on the Pleadings 517
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2018.7.30
Excerpt: ...C: Peter W. Ross, Charles Avrith, Browne George Ross LLP For Defendants Alex Steinleitner, M.D., Inc., and Alex Steinleitner, M.D.: J. Maxwell Cooper, Michael A. Gawley, Kessenick, Gamma & Free, LLP Tentative Ruling: The motion of defendants Alex Steinleitner, M.D., Inc., and Alex Steinleitner, M.D., for judgment on the pleadings is granted, with leave to amend, as to all causes of action brought by plaintiff ART Reproductive Center, Inc. Plainti...
2018.7.30 Demurrer 128
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2018.7.30
Excerpt: ... demurrer to the second cause of action in the first amended complaint of plaintiffs Canndescent JV, L.L.C., and MSLTD, L.L.C., and sustains the demurrer to the third cause of action without leave to amend. Defendants Sedlin and Fiore Management, L.L.C., dba Canndescent, shall file their answer to the remaining portions of the first amended complaint on or before August 9, 2018. Background: In their First Amended Complaint, plaintiffs Canndescent...
2018.7.27 Demurrer 630
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2018.7.27
Excerpt: ...acts sufficient to support the cause of action. The parties have complied with the meet and confer requirements of Code of Civil Procedure section 430.41, although the declaration in support reveals continuing hostility between the parties. Intentional interference with prospective economic advantage requires plaintiff to prove the following elements: 1) plaintiff and a third party were in an economic relationship that probably would have resulte...
2018.7.25 Application for Right to Attach 749
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2018.7.25
Excerpt: ... also a defendant. The balance of legal fees is allegedly $311,240.53, plus interest at the legal rate from December 15, 2016, until paid. The causes of action are breach of contract, enforcement of attorney lien (on 100% of contracts held to be Cora's separate property), and “fraud and punitive damages.” On June 8, 2018, the court entered the default of defendant Cat Cora, Inc., whose motion to set aside default is set for hearing on August ...
2018.7.25 Demurrer 660
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2018.7.25
Excerpt: ..., Jr., each agreed to represent Gianelli in a lawsuit filed in the United States District Court for the Eastern District of California on September 23, 2013. (Complaint, attachment 1, ¶ 19.) “Defendants failed to prepare, file and serve proper pleadings essential to the presentation of the case, warn of the duty to and to preserve evidence, conduct factual investigations, conduct discovery, compel discovery, consult and/or retain expert witnes...
2018.7.25 Demurrer 746
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2018.7.25
Excerpt: ...ated at 3536 Los Pinos Drive, Santa Barbara (the Property). (First Amended Petition [FAP], ¶¶ 6, 7.) The Property is within a single-family residential zone and has one single-family residence. (FAP, ¶ 6.) On September 5, 2017, petitioners submitted an application (the Application) to create an accessory dwelling unit (ADU) within the existing space at the Property. (FAP, ¶ 2.) The Application met all conditions of respondent City of Santa Ba...
2018.7.25 Motion to Quash 272
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2018.7.25
Excerpt: ...intiffs allege: On August 7, 2015, at approximately 5:42 p.m., in County of La Paz, State of Arizona, Elizabeth was driving a 2002 Ford Explorer manufactured by Ford Motor Company, in which Amirani and Hiromi were passengers, when a Michelin tire failed, causing the vehicle to veer left “as a result of dynamic oversteer resulting from the directional and lateral instability of the vehicle.” The vehicle rolled over. The Michelin tire was purch...
2018.7.25 Petition to Approve Compromise of Minors 960
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2018.7.25
Excerpt: ... Andrew Poley, Dorothy Poley, Andrew Morris Poley Jr., by and through his guardian ad litem Dorothy Poley, and Lilyanna Elizabeth Poley, by and through her guardian ad litem Dorothy Poley, filed their complaint alleging personal injuries and other damages arising out of a mold problem existing at real property leased from defendants Jeff Johnson and Bonnie Johnson. The complaint alleges that plaintiffs moved out of the property on December 1, 201...
2018.7.25 Motion to Tax Costs 681
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2018.7.25
Excerpt: ...rom the medical care and treatment provided by defendants to plaintiff's decedent, Jack Ceder. A jury trial resulted in a defense verdict in favor of defendant Rebecca A. Rosen, M.D., among other defendants. Defendant Rosen submitted a Memorandum of Costs in which she sought $47,085.44 in costs. This amount included $29,871.00 in expert witness fees, claimed because Dr. Rosen's January 15, 2016 settlement offer in the amount of $10,000, made purs...
2018.7.24 Demurrer 655
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.7.24
Excerpt: ... the complaint as a whole. Plaintiff shall file and serve his first amended complaint, if he chooses to do so, on or before August 8, 2018. Background: As alleged in the complaint: Plaintiff Stephen T. Crozier and defendant Mareike Schmidt made an oral agreement for personal loans in the total principal amount of $26,063.00. (Complaint, ¶ BC-1 & exhibit B.) Loans were made in varying amounts from July 2, 2013, with the last statement showing suc...
2018.7.24 Writ of Mandate 325
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.7.24
Excerpt: ...tive record will be filed with the Court and an appropriate briefing schedule for the disposition of the merits of the writ petition. Analysis: The administrative writ petition was filed on July 3, 2018. On July 10 (one week after filing), petitioner James Doub filed an ex parte application to stay the DMV's suspension of Doub's vehicle license. The ex parte application was opposed by the DMV. The ex parte application was heard on July 11. The Co...
2018.7.24 Petition for Minor's Compromise 315
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2018.7.24
Excerpt: ... agreement. It is recommended that the attorney attend the hearing and be prepared to discuss whether the settlement amount is reasonable in light of the costs request. The proposed order (Judicial Council form MC-351) and Order to Deposit Money Into Blocked Account (Judicial Council form MC-355) has not yet been submitted. ...
2018.7.24 Motion to Compel Answers 439
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.7.24
Excerpt: ...r responses to form interrogatories, set one, is granted in part and denied in part. Defendant Aaron Fahey shall serve verified further responses to form interrogatories, set one, Nos. 14.1, 14.2, 15.1, 16.2, 16.3, 16.4, 16.5, 16.6, 16.7, and 16.8 on or before August 8, 2018. The Court awards monetary sanctions in favor of plaintiff and against defendant Fahey in the amount of $2,010 to be paid to counsel for plaintiff on or before August 8, 2018...
2018.7.24 Motion for Summary Adjudication 780
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.7.24
Excerpt: ...e and Donald McGilvray Richard C. Weston for Defendant AmGUARD Insurance Company RULINGS: Plaintiffs' motion for summary adjudication as to their second cause of action for declaratory relief and AmGUARD's fourth affirmative defense is granted. The Court finds as a matter of law that Endorsement BP 99600312 to the AmGUARD policy does not apply to plaintiffs' March 19, 2017, water damage claim. AmGUARD's motion for summary adjudication as to plain...
2018.7.24 Motion for Judgment on Writ of Mandate 729
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.7.24
Excerpt: ...h Catt Properties, to wit: Santa Barbara Inland & Coastal Rights Association vs City of Santa Barbara#18CV03136; the Court will be interested in your comments as to any advantages in facilitating resolution that might be accomplished in going forward, if any.] Background: This action arises from respondent/defendant City of Santa Barbara's City Council's denial of an appeal from an April 19, 2017, decision by the Historic Landmarks Commission den...
2018.7.23 Motion to Strike 212
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2018.7.23
Excerpt: ...Whitehead, Ray Bourhis Associates For Defendant Fireman's Fund Insurance Company: Randy M. McElvain, Bein A. Berube, Weston & McElvain LLP Tentative Ruling: The motion of defendant Fireman's Fund Insurance Company to strike portion of plaintiffs' complaint is ordered stricken and the hearing ordered off calendar. Defendant Fireman's Fund shall file and serve its answer to the complaint on or before August 7, 2018. On May 1, 2018, plaintiffs Your ...
2018.7.23 Petition for Release of Property from Lien 599
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2018.7.23
Excerpt: ...the absence of timely service and timely filing of proof of service, the hearing on the petitioner's petition is ordered off calendar without prejudice to obtaining a new hearing date for which timely service and proof of service are made. Background: As alleged in the verified petition of petitioners Jeff Chancer and Joni Chancer: Petitioners are owners of real property located at 504 Toro Canyon Road, Santa Barbara (the Property). (Petition, ¶...
2018.7.20 Motion to Compel Further Responses, for Leave to File Complaint 966
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.7.20
Excerpt: ...tiffs' request for monetary sanctions is denied. Trader Joe's motion for leave to file cross-complaint for indemnity and contribution is granted as set forth herein. BACKGROUND: This is an action for personal injuries arising out of an automobile versus pedestrian accident. According to the allegations, on October 8, 2016, plaintiff Matthew P. Quirk was standing in front of the entrance to defendant Trader Joe's Company, Inc.'s (“Trader Joe's�...
2018.7.20 Motion to Compel 348
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.7.20
Excerpt: ...ts business records subpoena served on third party Health Net of California, Inc. (Health Net) on January 30, 2018. (Goldstein decl., ¶¶ 3, 4 & exhibits B, C.) This is the second motion filed for this purpose. The original motion was filed on June 4, 2018, and was scheduled for hearing on July 6. On June 29, RMRC filed a notice of taking this original motion off calendar. The second motion was filed on June 28, 2018. Apart from dates, the secon...
2018.7.20 Motion for Leave to File Complaint 875
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.7.20
Excerpt: ...e July 27, 2018. Defendants shall file and serve their response to the first amended complaint on or before August 6, 2018. Background: Plaintiffs Joanne G. Ward and Alla Ratynets, trustees of the J&J Investment Trust filed their original complaint in this action on June 28, 2017, asserting seven causes of action against defendants Tower Industries, Inc., (Tower) and Tom Stull. The claims arise out of allegations that hazardous substances were le...
2018.7.20 Motion for Approval of Settlement, to Quash 531
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.7.20
Excerpt: ...ocuments pertaining to Ms. Saavedra. The documents produced shall be subject to an “attorney eyes-only” protective order. Counsel for plaintiff shall prepare an order reflecting this ruling, including the protective order, and submit it to counsel for defendant. The court fully expects the parties to agree to the terms of the order. The court denies the requests for monetary sanctions. The court grants defendant's application to file the conf...
2018.7.20 Minor's Compromise 921
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.7.20
Excerpt: ... been filed or when such verification will be filed. Background: On September 1, 2017, plaintiffs Kristy Oakley, individually and as guardian ad litem for minor plaintiff Emily Oakely, filed their complaint in this action against defendant Margaret Dent. The complaint in this action arises out of an automobile accident occurring on December 8, 2015, in which the vehicle occupied by Kristy Oakley and Emily Oakley was struck by defendant's vehicle ...
2018.7.9 Motion to Depose, for Leave 526
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2018.7.9
Excerpt: ...lor Living Trust dated July 26, 1995 Francis J. Cunningham for defendant West Coast Private Investments, LLC Edward T. Weber for defendant Rush My File, Inc. Robert Houston, Jr., defendant in pro per Linda Lukas, defendant in pro per Any Kind Loan Funding, Inc ., defendant not represented TENTATIVE RULING: Defendant West Coast's motion for leave to depose defendant Robert Houston while he is in custody in the Orange County Jail is granted. Plaint...
2018.7.9 Motion for Summary Judgment 084
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2018.7.9
Excerpt: ...nt/Cross-Defendant HMBL: Paul C. Kwong (Mavredakis Cranert – Pasadena) For Cross-Defendant/Cross-Complainant Presbytery and Synod: Robert W. Brockman, Jr. (Daley & Heft – Solana Beach) Tentative Ruling: 1. The court denies plaintiff Katelyn Geary's motion to consolidate cases for all purposes, including trial. 2. The court grants the motion of cross-defendant HMBL, LLC, dba Holiday Inn Express Carpinteria (erroneously sued as HMBL, a limited ...
2018.7.9 Motion for Consent to Dismiss 021
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2018.7.9
Excerpt: ...David C. Hinshaw for plaintiffs and cross-defendants Norman Salter and Spectra America, LLC and cross-defendant Focus Builders, Inc. Katie C. Brach for defendants and cross-complainants Vista Oceano La Mesa Venture, LLC, Tenacious Adventures II, LLC, James Lassetter, and American Contractors Indemnity Company Gregg A. Martin for defendants, cross-complainants, and cross-defendants Martin Newton and Point III Holdings, Inc. Bruce M. Lorman for cro...
2018.7.6 Demurrer, Motion to Strike 628
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.7.6
Excerpt: ...e their second amended complaint on or before July 23, 2018. (2) For the reasons set forth herein, the motion of defendants Skip Abed and Blue Water Boating, Inc., to strike portions of the first amended complaint is denied. (3) For the reasons set forth herein, the alternative motion of defendants Skip Abed and Blue Water Boating, Inc., to stay this action is denied. Background: As alleged in the first amended complaint (FAC): Defendant City of ...
2018.7.6 Motion to Quash Subpoena 424
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.7.6
Excerpt: ...nsel are to review the documents and, for each responsive document received, either produce the document to defendants' counsel (in whole or as redacted) or produce a detailed privilege log as to all documents (or parts thereof) not produced sufficient for the parties to the discuss the need or usefulness of the document (or redacted part thereof) to the issues in this case and the privacy interests of the document (or redacted part thereof). All...
2018.7.6 Motion to Compel Compliance with Deposition 348
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.7.6
Excerpt: ...ons against Health Net in the sum of $1,575.00, which shall be paid within ten days of the date of this order. BACKGROUND: This is an action for personal injuries arising out of a trip and fall incident that occurred on August 5, 2016 at Dock A at Lake Cachuma in Santa Barbara County. Plaintiff Rebeca Ziemniak alleges that she was walking on the dock when she fell into an open hatch or access portal and sustained serious injuries. Plaintiff alleg...
2018.7.6 Demurrer 180
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.7.6
Excerpt: ...00 mortgage loan from Washington Mutual Bank, F.A., which was memorialized by a note and secured by a deed of trust on real property located at 1200 Palomino Road, Santa Barbara, California 93105. (RJN, Ex. 2.) The note and deed of trust were subsequently assigned to plaintiff LPP Mortgage, Inc. fka LPP Mortgage, Ltd. (“LPP”). (RJN, Exs. 2, 3.) In 2011, Gates defaulted on his loan payments and LPP initiated nonjudicial foreclosure proceedings...

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