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2021.05.19 Demurrer, Motion to Strike 185
Location: Santa Barbara
Judge: Staffel, Timothy
Hearing Date: 2021.05.19
Excerpt: ...managed the Park. Defendants' Demurrer and Motion to Strike Portions of Second Amended Complaint (SAC), and Special Motion to Strike Plaintiffs' Eleventh Cause of Action of Plaintiffs' Second Amended Complaint Pursuant to Anti-SLAPP Statute, Code of Civil Procedure § 425.16 (“hereinafter “anti-SLAPP motion”) came on for hearing before this Court on February 24, 2021. At the hearing, the Court indicated its tentative ruling was to overrule/...
2021.05.18 Demurrer, Motion to Strike 216
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.05.18
Excerpt: ...ault. Emails: [email protected]; [email protected]; rhys.boyd- [email protected] HEARING Demurrer by defendant State of California to Fourth Cause of Action Motion to strike by defendant State of California RULING The demurrer is sustained, with leave to amend on or before June 8, 2021. As a result of the ruling on the demurrer, the motion to strike is moot. ANALYSIS Complaint: Plaintiffs Lin Lin and Levi Liu are the surviving heirs of d...
2021.05.17 Motion for Summary Judgment, for Discharge 774
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.05.17
Excerpt: ...Summary Judgment of Defendant Meridian Resource Company, LLC and Defendant-Intervenor Blue Cross of California dba Anthem Blue Cross; (2) Motion for Discharge and for Attorney's Fees of Plaintiffs Interinsurance Exchange of the Automobile Club of Southern California, Amber Suzanne Jones, and Joshua Bates (3) Case Management Conference ATTORNEYS: Mark S. Staton for Plaintiffs Interinsurance Exchange of the Automobile Club of Southern California, A...
2021.05.17 Motion for Summary Judgment 591
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.05.17
Excerpt: ...ATTORNEYS: For Plaintiff McCoy Electric Corporation: Barton C. Merrill For Defendants, Cross-Complainants, and Cross-Defendants Annette Rubin and A. Stuart Rubin: Patrick C. McGarrigle, Michael J. Kenney, McGarrigle, Kenney & Zampiello, APC For Cross-Defendant Las Canoas Co. dba Construction Plumbing: Daniel E. Engel ( TENTATIVE RULING: For the reasons set forth herein, the motion of cross-defendant Las Canoas Co. dba Construction Plumbing for su...
2021.05.14 Motion to Vacate Default Judgment 445
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.05.14
Excerpt: ...nd defendant (as landlord) entered into a written residential lease agreement for certain premises located on Campanil Drive in Santa Barbara. Pursuant thereto, plaintiff tendered to defendant a security deposit in the amount of $19,990.00. On 12/08/09, plaintiff surrendered the premises after giving a 30-day notice. Thereafter, the parties engaged in email correspondence regarding the condition of the property and defendant's perceived right to ...
2021.05.14 Motion to Strike or Dismiss Complaint 803
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.05.14
Excerpt: ...aintiff's complaint: Plaintiff Alexander Plurad Lazo (Lazo) is the brother-in-law of defendant Marina Dacuycuy (Dacuycuy). (Complaint, ¶ 11.) Lazo and Dacuycuy were involved in a consensual affair when they both lived in Oslo, Norway, in 2013. (Ibid.) In June 2020, Dacuycuy accused Lazo of reporting Sonny Acosta and Maribel Acosta to the Santa Maria Police Department for elder abuse of Sophie Vea, an elderly relative whose husband had just passe...
2021.05.14 Motion to Strike 069
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.05.14
Excerpt: ...ckground: (1) Allegations of Complaint As alleged in plaintiffs' complaint: Plaintiff Maribel Acosta (Maribel) is a registered nurse. (Complaint, ¶ 12.) (Note: Because multiple parties share common surnames, the court follows the practice of the parties and refers to the parties by their first names. No disrespect is intended.) Maribel is also the great niece of defendants Ernie S. Vea (Ernie) and Sophie Vea (Sophie) and the sister of plaintiff ...
2021.05.14 Motion to Quash, to Seal 243
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.05.14
Excerpt: ... on or before June 18, 2021. (2) For the reasons set forth herein, the motion of defendant Triad Aviation, Inc., to quash service of summons as to plaintiffs Courtney Crosby and Turner Conrad is continued to July 2, 2021. Plaintiffs shall file and serve supplemental opposition on or before June 4, 2021. Triad shall file and serve its supplemental reply on or before June 18, 2021. (3) As set forth herein, the court grants the motion of defendant A...
2021.05.11 Motions for Fees, Release of Cash Bond, and to Tax Costs 868
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2021.05.11
Excerpt: ...nts) Filed September 10, 2020 On October 16, 2018, The Nicholas litigants filed a Motion to Compel Cross-Defendant to further responses to Special Interrogatories (Set Two). Cross-Defendant did not file an Opposition to the motion. On May 20, 2019, the Court granted the Nicholas litigants' motion, but reserved enforcement of sanctions. On September 10, 2020, the Nicholas litigants filed a Motion to Enforce the Court's May 20, 2019 order, citing s...
2021.05.11 Motion to Strike Complaint 332
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.05.11
Excerpt: ...attorney fees and costs in a subsequent motion to be promptly filed. Analysis Synopsis: This is Landlord-Tenant litigation; Landlord provides rental units to students at the University of California in Isle Vista; the Subject Property here was a 3-bedroom unit with loft; was rented to 12 students includin g Tenant; student(s) slept in the loft; unit was red-tagged because it violated the law; because of that Tenant's lease was terminated by Landl...
2021.05.11 Motion for Summary Judgment 871
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.05.11
Excerpt: [email protected]; [email protected]; [email protected]; [email protected]; Issue Motion for Summary Judgment or Alternatively Summary Adjudication. Ruling For the reasons set out below the Motion for Summary Judgment is DENIED. Acknowledgements The Court acknowledges and appreciates the professional work done by counsel in the case.[1] The case has been contentious; at times acrimonious. But you kept it remarkably straightforward. Analysis The u...
2021.05.11 Motion for Determination of Good Faith Settlement 212
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.05.11
Excerpt: ...holz Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Issue Radius' Motion for Good Faith Settlement Ruling The motion for Good Faith Settlement is GRANTED. Analysis The Court acknowledges and appreciates the professional work done by counsel in this motion.[1] The case has been contentious at times. The Radius Motion [Sum...
2021.05.10 Demurrer 235
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.05.10
Excerpt: ...iana C. Mosquera: Gary P. Crowder For Defendants County of Santa Barbara and Ginger White, in her official capacity as Director of Animal Services: Michael C. Ghizzoni, Christopher E. Dawood, Office of the County Counsel TENTATIVE RULING: For the reasons set forth herein, the demurrer of defendants County of Santa Barbara and Ginger White is sustained, with leave to amend, as to each cause of action of the first amended complaint. Plaintiffs shal...
2021.05.10 Demurrer, Motion to Quash or Limit Deposition Subpoena 946
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.05.10
Excerpt: ...ct, et al. (Judge Sterne) Case No. 20CV03946 Hearing Date: May 10, 2021 HEARING: (1) Demurrer of Defendant Matef Harmachis to Complaint (2) Motion of Defendant Matef Harmachis to Strike Portions of Complaint (3) OSC re Payment of Filing Fee (4) Motion of Defendant Matef Harmachis to Quash Plaintiff's Business Records Subpoena re Santa Barbara Police Department (5) Motion of Defendant SBUSD to Quash Business Records Subpoena re Nichols Strategies,...
2021.05.10 Motion to Strike FAC 872
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.05.10
Excerpt: ...ary D. Fields / Anna Sweeney of FieldsLaw for defendant Planned Parenthood California Central Coast. TENTATIVE RULING: The motion is granted, with leave to amend. To the extent he wishes to do so now, Plaintiff may file any Second Amended Complaint on or before May 24, 2021, or such other date as the Court may specify at the hearing on this motion. Background: Plaintiff Peter Withers' operative First Amended Complaint (FAC) alleges causes of acti...
2021.05.07 Motion to Require Posting of Bond 718
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.05.07
Excerpt: ...ey: Matthew R. Silver, Rene L. Farjeat, Silver & Wright LLP For Defendants Dario L. Pini, D.L.P. Properties, Dario L. Pini, trustee of the Dario L. Pini Trust dated March 2, 2015, Nonnie Investments, LLC, 104 Las Aguajes, LLC, Alamar II, LLC, and Alamar III, LLC: Paul R. Burns, Solange D. Sanhueza, Law Offices of Paul R. Burns, P.C. TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff People of the State of California for a...
2021.05.07 Motion to Enforce Judgment 044
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.05.07
Excerpt: ...trative appeal of his termination, the Civil Service Commission found in its decision entered on February 6, 2017: “Based on the foregoing conduct and findings, the Commission determines that the policy violations R.K. committed do not warrant discharge because they were not as serious as the deliberate use of excessive force and because he has an exemplary record, with nor prior discipline, during his over ten year of service. These are signif...
2021.05.07 Motion for Preliminary Injunction 974
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.05.07
Excerpt: ...int for Partition and Sale of Real Property and Accounting (“FAC”), filed on September 21, 2020. Defendant filed his verified answer to the FAC on October 21, 2020, and has cross-complained against plaintiff for (1) recovery of gifts made in contemplation of marriage (Civ. Code §1590), (2) resulting trust, (3) unjust enrichment, (4) accounting, (5) quiet title, and (6) declaratory relief. As alleged in the pleadings, in 2012 plaintiff and de...
2021.05.07 Demurrer 872
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.05.07
Excerpt: ...egligent interference with prospective economic advantage), and is sustained, with leave to amend, as to the third cause of action (inverse condemnation). Plaintiffs shall file and serve their second amended complaint on or before May 24, 2021. Background: As alleged in plaintiffs' first amended complaint (FAC): Defendants Plains All American Pipeline, L.P., and Plains Pipeline, L.P. (collectively, Plains) own and operate a 10-mile long, 24-inch ...
2021.05.04 Motions to Compel Responses 952
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.05.04
Excerpt: ...nses were submitted to the defense prior to the hearing. Defendants may refile depending on what the responses are. Since criminal charges are pending against Brown, his responses are stayed pending resolution of the criminal case. Sanctions are denied. All discovery cutoff dates including expert witness designation dates are set off against the new trial date of August 31, 2021. Analysis This case was filed in 7/2019. This is a complaint for mon...
2021.05.04 Motion to Compel Responses 032
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.05.04
Excerpt: ...given one more chance to comply. Delaney's responses are due by May 11, 2021. The Case Management Conference will be called at 10 along with the L&M matter. Analysis[1] This case is set for an 8-day jury trial on June 29. 2021; MSC 64/21; time is of the essence. This motion involves issues of consequence; the Court has devoted time to it. The WP Motion The 131-page motion was filed 3/15/21; [summarized]; moves for an Order Compelling Further Resp...
2021.05.04 Motion for Protective Order 165
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.05.04
Excerpt: ...linedinstlaw.com Issue Plaintiff's motion for a protective order; requests that: 1. Defendants and their counsel produce their PMQ for a second session of deposition at their own expense. 2. Defendants and their counsel to refrain from instructing Defendants' PMQ to not answer questions not involving privilege or work product as discussed in Plaintiffs' motion. 3. Defendants and their counsel to pay monetary sanctions in the amount of $5,400. Rul...
2021.05.04 Demurrer, Motion to Strike 299
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.05.04
Excerpt: ...p.com; [email protected]; [email protected]; [email protected]; [email protected]; HEARING (1) Demurrer of Defendants Michael Corrigan and Corrigan & Company to Third Amended Complaint (2) Motion of Defendants Michael Corrigan and Corrigan & Company to Strike Portions of Third Amended Complaint RULING (1) For the reasons set forth herein, the demurrer of defendants Michael Corrigan and Corrigan & Company to the third amended complaint is over...
2021.05.04 Demurrer 896
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.05.04
Excerpt: ...aintiff United Financial Group filed a verified complaint against White Lightening Transport, LLC, John Rance, Haul Masters, Dilraj Singh, and the Department of Motor Vehicles (Case NO. 20CV02176) alleging causes of action for (1) quiet title, (2) trespass to chattel, (3) conversion, (4) breach of written contract, and (5) declaratory relief. The complaint alleged that defendants Rance and White Lightening entered into a written loan agreement wi...
2021.05.03 Motion to Tax Costs 531
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.05.03
Excerpt: ...in and Tracy Franklin: Matthew B.F. Biren, Andrew G.O. Biren, John A. Roberts, Biren Law Group For Defendant Santa Barbara Cottage Hospital: William Clinkenbeard, Hugh S. Spackman, Clinkenbeard, Ramsey, Spackman & Clark, LLP TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff Michael Franklin to tax costs is granted in part and denied in part. The court grants the motion to disallow costs in the amount of $118,646.73. The ...
2021.04.27 Demurrer, Motion to Strike 954
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2021.04.27
Excerpt: ...described as “ADA Multi Trade” at Arbor Square Apartments, located at 800 North G Street, Lompoc, California (“Project”) for the price of $453,622.00. On or about July 16, 2020, Wilshire sent a “Notice of Termination” to Build It, terminating the Subcontract. At that time, there existed a past due balance of payments owed to Build It for the Project, which Wilshire has failed to pay. The FAC contains the following causes of action: (1...
2021.04.27 Motion to Compel Responses, for Sanctions 889
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.04.27
Excerpt: ...or 11/5/21; time is of the essence. Plaintiff's 72-page motion was filed 3/4/21 and set for 4/27/21. The Court summarizes the motion: Barnett moves the Court for an order compelling Extreme Air to provide and serve further and complete responses to the following sets of discovery requests per California Code of Civil Procedure as Extreme Air provided incomplete and non- code compliant responses and document production: 1. Form Interrogatories –...
2021.04.27 Motion for Summary Judgment, Adjudication 887
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.04.27
Excerpt: ...e 1. Motion for Summary Judgment or Alternatively Summary Adjudication. 2. Case Management Conference [“CMC”] – will be called at the 10am calendar. Ruling For the reasons set out below Granger's Motion for Summary Judgment is GRANTED. The CMC is off calendar. Acknowledgements The Court acknowledges and appreciates the professional work done by counsel in the case.[1] The case has been contentious; at times acrimonious. Analysis The verifie...
2021.04.27 Motion to Compel Deposition, Request for Sanctions 458
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.04.27
Excerpt: ...grouplaw.com; c yru Issue Plaintiff's Motion To Compel Deposition of Student X and Request for Sanctions RULINGS 1. On or before Ma y 5, 2021, SBCC shall disclose Student X's contact information, to the P deposition subpoena; 2. The scope of the deposition shall be limited to the issues which the Court characterized a 3. Student X does not have to give her name on the record, and she can simpl y be referred will not have to appear at the trial in...
2021.04.26 Demurrer, Petition for Writ of Mandate 285
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.04.26
Excerpt: ...s, Inc. and Tristan Strauss TENTATIVE RULING: Respondents' demurrer to the petition for writ of mandamus is overruled. BACKGROUND: Petitioner Jonas Svensson (“Svensson”) is a current shareholder and former Executive Chairman of respondent i073 Investments, Inc. (“i073” or “the company”), an investment management company founded by Svensson, respondent Tristan Strauss (“Strauss”), non- party Brian Casey (“Casey”), and non-party...
2021.04.20 Motion to Compel IME 042
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.04.20
Excerpt: ...for monetary sanctions by both sides are denied. BACKGROUND This is an action for personal injuries arising out of a motor vehicle collision. Plaintiff is Pedro Gomez (“Gomez”). Defendants are Anthony Cox (“Cox”) and EAN Holdings, LLC (“EAN Holdings”). As alleged in the complaint, on June 18, 2017, Gomez was traveling northbound on U.S. Highway 101 in the County of Santa Barbara and had come to a complete stop behind traffic when his ...
2021.04.20 Demurrer, Motion to Strike 907
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.04.20
Excerpt: ...bara and Board of Supervisors of the County of Santa Barbara: Michael C. Ghizzoni, Lina Somait, Office of the County Counsel For Real Parties in Interest Santa Barbara Westcoast Farms, LLC, and Scott Rudolph: A. Barry Cappello, Lawrence J. Conlan, Wendy D. Welcom, Cappello & Noel LLP; Deborah M. Rosenthal, Fitzgerald Yap Kreditor LLP HEARING (1) Demurrer of Real Parties to First Amended Petition (2) Motion of Real Parties to Strike Portions of Fi...
2021.04.19 Demurrer, Motion to Strike 946
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.04.19
Excerpt: ...rtions of Complaint ATTORNEYS: For Plaintiff Jane OB Doe: Morgan A. Stewart, Haley K. Aanestad, Manly, Stewart & Finaldi For Defendant Santa Barbara Unified School District: Susan L. Oliver, Harry W. Harrison, Olesya Mikhaylova, Tyson & Mendes For Defendant Matef Harmachis: Louis R. Dumont, Johnny Rundell, Carpenter, Rothans & Dumont LLP TENTATIVE RULING: (1) For the reasons set forth herein, the demurrer and motion to strike of defendant Matef H...
2021.04.19 Demurrer 026
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.04.19
Excerpt: ...f Irwin L. Jacobs; Mark Jacobs and Trisha Blake, as Personal Representatives of the Estate of Irwin L. Jacobs; and Mark Jacobs and Trisha Blake as the Personal Representatives of the Estate of Alexandra Jacobs Michael B. Damen for Defendants William Nicholson and Sandra Shinn Nicholson TENTATIVE RULING: Defendants' demurrer to the eleventh and twelve causes of action in plaintiffs' first amended complaint for breach of oral contract (oral promiss...
2021.04.16 Demurrer 772
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.04.16
Excerpt: ...��Casa Blanca”) is a homeowners' association that holds title to the common area in a common interest development that includes eight residences on Tract No. 14026, which abuts the ocean near Carpinteria, California. On May 23, 1990, defendant County of Santa Barbara (“County”) issued a permit to Casa Blanca's predecessor-in-interest, Frank Serena Construction and Development, Inc. (“Serena”), to construct eight residences and a common ...
2021.04.16 Demurrer 295
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.04.16
Excerpt: ...ile and serve their fourth amended cross- complaint on or before May 3, 2021. Background: As alleged in the third amended cross-complaint (TACC) of Signal Hill Service, Inc., (Signal Hill) and Carone Petroleum Corporation (Carone): On July 28, 1964, the State of California, acting by and through plaintiff and cross-defendant the State Lands Commission (Commission), entered into Oil and Gas Lease No. P.R.C. 3150.1 with Standard Oil Company of Cali...
2021.04.13 Motion for Summary Judgment 675
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.04.13
Excerpt: ...mu l Issue Motion for Summary Judgment or Alternatively Summary Adjudication Ruling For the reasons set out below the Defendants' Motion is GRANTED. There is an Order su b that the Court intends to sign. Acknowledgements The Court acknowledges and appreciates the professional work done by counsel in the case.[1] T has been contentious; at times acrimonious. Analysis Summary judgment is appropriate where there is no triable issue as to any materia...
2021.04.13 Demurrer, Motion to Strike 040
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.04.13
Excerpt: ...ings, Inc.: Steven M. Dailey, Rebecca L. Wilson, Kutak Rock LLP Emails: [email protected]; [email protected]; [email protected] RULING (1) As set forth herein, the general and special demurrers of defendants Select Portfolio Servicing, Inc., and RMBS REO Holdings, Inc., to the complaint of plaintiff John Reed are sustained with leave to amend. Plaintiff Reed shall file and serve his first amended complaint on or befor...
2021.04.12 Demurrer 377
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.04.12
Excerpt: ... sustained, without leave to amend. Background: This unlawful detainer action, filed December 29, 2020, seeks to evict defendant Mark Zimmer from HUD subsidized housing provided by plaintiff Housing Authority of the City of Santa Barbara. The eviction is based upon a series of numerous violations of the lease agreement, of the House Rules, which were incorporated into the lease agreement, the Mold and Mildew Addendum to the lease, and the Bedbug ...
2021.04.12 Motion to Compel Further Responses 083
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.04.12
Excerpt: ...a: Joyce E. Dudley, Christopher B. Dalbey, Morgan S. Lucas, Office of the Santa Barbara County District Attorney; Michael N. Feuer, Wilfredo r. Rivera, Christina V. Tusan, William R. Pletcher, Miguel J. Ruiz, Office of the Los Angeles City Attorney For Defendants Sunseeker Enterprises, Inc., and James Moseley: Andrew C. Pongracz, Seki, Nishimura & Watase, LLP TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff People of th...
2021.04.12 Motion to Compel Arbitration and Dismiss Action or Stay Proceedings 807
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.04.12
Excerpt: ...ion ATTORNEYS: Victor Salas, Jr. for Plaintiff Carlos Lazo Michael C. Douglass for Defendant Apria Healthcare, LLC TENTATIVE RULING: The motion of defendant Apria Healthcare, LLC to compel arbitration of plaintiff's claim is denied. BACKGROUND: On September 17, 2017, plaintiff Carlos Lazo was injured by a fall. Plaintiff was admitted to Cottage Hospital on September 25, 2017, and diagnosed with multiple rib fractures, pneumonia, and acute respira...
2021.04.09 Motion to Vacate 445
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.04.09
Excerpt: ...r before April 22, 2021. The deadlines for filing and service of opposition and reply to the motion are as set forth in Code of Civil Procedure section 1005, subdivision (b) based upon the May 14 hearing date. Background: On December 30, 2013, plaintiff Alek Haimovici filed his original complaint for breach of contract and conversion of security deposit in this limited civil case. Haimovici's counsel of record is attorney Stuart J. Zajic, whose p...
2021.04.09 Motion to Set Aside Default, Judgment 105
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.04.09
Excerpt: ...te McWeeney was employed by Mr. Gelb as property manager of the properties and was responsible for overseeing maintenance and repair requests, showing rental units to prospective tenants, and collecting rent from existing tenants, among other tasks. When plaintiff purchased the properties, it hired defendant to continue her pre- existing duties as property manager. On June 23, 2018, plaintiff terminated defendant after she was observed removing c...
2021.04.09 Demurrer 501
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.04.09
Excerpt: ...obert Stiglmier's first amended complaint (FAC): On October 20, 2019, Stiglmier was the subject of a traffic stop that took place on the sidewalk at 5710 Hollister Avenue, Goleta, at 11:45 p.m. (FAC, ¶ 15.) Stiglmier was stopped for allegedly riding a bicycle on the sidewalk, having no light devices on the bicycle at night, and misappropriation of lost property, i.e., the bicycle Stiglmier was riding. (FAC, ¶ 16.) Stiglmier cooperated with defe...
2021.04.06 Motion to Compel Request for Production 967
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2021.04.06
Excerpt: ...tasked by the Business Committee to oversee and operate all tribal businesses, issued Resolution No. EB-15 declaring that the pandemic “is causing harm to people and the natural environment”, and that there “is an increasing occurrence of COVID-19 in California, Santa Barbara County, and the Santa Ynez Valley, which is causing physical loss or damage to property on or near tribal lands, including, without limitation, the Chumash Casino and ...
2021.04.06 Motion to Compel Further Responses 971
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.04.06
Excerpt: ...; [email protected]; MATTER Plaintiff's Motion to Compel Further Responses to Special Interrogatories and Request for Production of Documents; Request for Monetary Sanctions RULING Plaintiff's motion for order compelling defendants to provide further responses to special interrogatories and request for production of documents is granted in part and denied in part. Defendants' further responses and all responsive documents shall be provided on or be...
2021.04.06 Motion for Fees and Release of Cash Bond 868
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2021.04.06
Excerpt: ... September 10, 2020 On October 16, 2018, The Nicholas litigants filed a Motion to Compel Cross-Defendant to further responses to Special Interrogatories (Set Two). Cross-Defendant did not file an Opposition to the motion. On May 20, 2019, the Court granted the Nicholas litigants' motion, but reserved enforcement of sanctions. On September 10, 2020, the Nicholas litigants filed a Motion to Enforce the Court's May 20, 2019 order, citing several att...
2021.04.05 Motion to Strike 429
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.04.05
Excerpt: ...Per TENTATIVE RULING: Plaintiffs' motion for terminating sanctions against defendant is granted. Defendant's answer to plaintiffs' complaint is ordered stricken, with prejudice. A default judgment shall be entered in favor of plaintiffs and against defendant. BACKGROUND: This is an action for defamation, intentional infliction of emotional distress, elder abuse, and related causes of action. Plaintiffs are David G. Bertrand (“Bertrand”), age ...
2021.04.02 Motion to Vacate Dismissal and Enter Judgment 544
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.04.02
Excerpt: ...cted the amount due, owing, and unpaid as $5,254.58. The parties settled the action in September 2019, through execution of a Stipulation for Conditional Entry of Judgment. Pursuant to the settlement agreement, plaintiff would accept payments from defendant totaling $3,600, consisting of the $5,254.58 in total principal at the time of suit, $283.13 in court costs, and settlement forgiveness totaling ($1,937.71). Defendant would make monthly payme...
2021.04.02 Demurrer 872
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.04.02
Excerpt: ...April 23, 2021. The hearing on this matter is continued to April 30, 2021, at 10:00 a.m. Background: As alleged in plaintiffs' first amended complaint (FAC): Defendants Plains All American Pipeline, L.P., and Plains Pipeline, L.P. (collectively, Plains) own and operate a 10-mile long, 24-inch wide oil pipeline known as Line 901. (FAC, ¶¶ 2, 140.) Line 901, with its connecting Line 903 (together, the Pipeline), constitute the only permissible ro...

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