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2023.10.23 Motion for Summary Judgment 587
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.10.23
Excerpt: ...Tetalman & Udden For Defendants Santa Barbara Cottage Hospital, Inc., and Cottage Health, Inc.: Hugh S. Spackman, Cathy Anderson, Clinkenbeard, Ramsey, Spackman & Clark, LLP TENTATIVE RULING: The Court continues the hearing on the motion of defendants for summary judgment or, in the alternative, summary adjudication to December 4, 2023, to permit defendants to file an appropriate motion to seal medical records submitted in support of the motion. ...
2023.10.23 Demurrer to FAC 752
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.10.23
Excerpt: ...ura, Blake D. Heller, Miles Weiss, Lisa O. Lwäkainen, Andrew Sullivant, and Rachelle H. Dean: T. Arce, Dana L. Segal, Liebert Cassidy Whitmore TENTATIVE RULING: The demurrer of defendants County of Ventura, Blake D. Heller, Miles Weiss, Lisa O. Lyytikainen, Andrew Sullivant, and Rachelle H. Dean to the third cause of action (harassment) of plaintiff Hyelim Cho's first amended complaint is sustained with leave to amend. Plaintiff shall file and s...
2023.10.23 Demurrer 969
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.10.23
Excerpt: ...laint is overruled. Defendants' time to file their answer to plaintiff's complaint shall be extended until five days after service upon defendants of written notice of entry of the Court's order overruling the demurrer, exclusive of any extended time periods provided in Code of Civil Procedure section 1013. Background: This is an unlawful detainer action filed on September 12, 2023, by plaintiff Carp Property LLC, against defendants Claudia Ramos...
2023.10.23 Motion for Issue and Monetary Sanctions 623
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.10.23
Excerpt: ...Bilotti Revocable Trust Dated May 19, 2CU5: Self Represented TENTATIVE RULING: Plaintiff's motion for issue sanctions is denied without prejudice. Plaintiff's motion for monetary sanctions is granted in the amount of $2,550.00 against defendant and in favor of plaintiff, to be paid no later than November 1, 2023. Plaintiff is to comply with the court order of July 10, 2023, by serving complete, cuie compliant, responses no later than November 1, ...
2023.10.18 Motion for Summary Judgment, Adjudication, to File Under Seal Docs Lodged Under Seal 608
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.10.18
Excerpt: .... Harrison, Marianne Gordon, Tyson & Mendes RULING (1) For all reasons discussed herein, the clerk shall file in the public record the Notice Of Lodgment Of Exhibit(s) Filed Under Seal Pursuant To Protective Order which was conditionally under seal by Defendant the Santa Barbara Unified School District on June 15, 2023. (2) For all reasons discussed herein, the motion of Defendant the Santa Barbara Unified School District for summary judgment, or...
2023.10.18 Motion for Preliminary Approval of Class Action Settlement 162
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.10.18
Excerpt: ... with additional information, as set forth below, no later than October 31, 2023. Background Plaintiff Cristina Calzada-Guido filed her complaint on March 18, 2021. The complaint alleges causes of action for: (1) unpaid overtime, (2) unpaid meal period premiums, (3) unpaid rest period premiums, (4) unpaid minimum wages, (5) final wages not timely paid, (6) wages not timely paid during employment, (7) non-compliant wage statements, (8) failure to ...
2023.10.17 Motion for Summary Judgment 893
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.10.17
Excerpt: ...he motion of Defendant Mullen & Henzell L.L. P. for summary judgment is denied. Background On October 6, 2022, Plaintiffs Susan Smyth (Smyth), Pedro Baltadano (Baltadano), Martin Engriser (Engriser), and Don McIntyre (McIntyre) (collectively, Plaintiffs) filed their original complaint in this achon asserting one cause of action for intentional interference with expected inheritance (IIEI claim). On January 11, 2023, Plaintiffs filed their operati...
2023.10.16 Motion for Summary Judgment, Adjudication 390
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.10.16
Excerpt: ...chel Van Mullem, Julian Abanise, Santa Barbara County Counsel TENTATIVE RULING: For the reasons set forth herein, the motion of defendant County of Santa Barbara for summary judgment and/or summary adjudication is denied. Background: Plaintiff Rebecca Fraser was injured when she tripped and fell while walking on Channel Drive in Montecito on the evening of November 17, 2020. Ms. Fraser contends that an asphalt lump in the road caused her to trip ...
2023.10.16 Motion for Issue and Monetary Sanctions 623
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.10.16
Excerpt: ...of the Janice Bilotti Revocable Trust Dated May 19, 2005: Self Represented TENTATIVE RULING: Plaintiff's motion for issue sanctions is denied without prejudice. Plaintiff's motion for monetary sanctions is granted in the amount of $2,550.00 against defendant and in favor of plaintiff, to be paid no later than November 1, 2023. Plaintiff is to comply with the court order of July 10, 2023, by serving complete, code compliant, responses no later tha...
2023.10.13 Motion to Dismiss, to Compel Production of Docs 591
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.10.13
Excerpt: ...dant Colosi to dismiss is denied. (3) The motions by defendants Guier and Hutcheson for immediate release of funds is denied, without prejudice to their continued pursuit of their claims at the court trial of this action. (4) The motons to quash filed by various parties failed to provide sufficient notice to defendant Colosi; nonetheless, they raised issues regarding court proceedings which must be addressed by the Court. No appearances or docume...
2023.10.13 Motion to be Relieved as Counsel, to Compel Responses 456
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.10.13
Excerpt: ...relieving counsel shall be delayed until proofs of electronic and mail service of a copy of each signed order on Jacqueline Rubasky and on Fountain Group, LLC, have been filed with the Court. (4) Counsel for Jacqueline Rubasky and Fountain Group, LLC, shall, in accordance with this ruling, serve a copy of the Court's ruling on each defendant by electronic and regular mail, and file appropriate proofs evidencing such service. (5) For all reasons d...
2023.10.13 Motion to Vacate 146
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.10.13
Excerpt: ...ottage Health Inc. (Cottage). Griggs' FAC sets forth a cause of action for professional negligence (medical malpractice). Griggs claims that on July 9, 2019, among other things, that she suffered an internal cystic rupture and received negligent care at Saint Ynez Cottage Hospital. (FAC, p. 4, II. 12-22.) Griggs states that she then went to Santa Barbara Cottage Hospital and again received negligent medical care. (FAC, p. 5, II. 9-18.) Griggs the...
2023.10.13 Motions to Quash 886
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.10.13
Excerpt: ...causes of action related to an underlying transaction in which defendant Rick Tarnutzer (Rick) induced Fleury to purchase a run-down property and hire him and his wife, Vonna Carol Tarnutzer (Vonna), to perform design and construction work to remodel the property. [Note: In order to avoid any confusion, the Court will refer to the Tarnutzer defendants by their first names; no is intended.] The complaint alleged that in reliance on various represe...
2023.10.11 Motion to Strike or Tax Costs 700
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.10.11
Excerpt: ...O'Melveny & Meyers LLP For Defendants Mahan Ranch, LLC, et al.: Jim McDermott, Neal P. Maguire, Jessica M. Wan, Shane M. Maguire, Ferguson Case Orr Paterson LLC RULING For the reasons set forth herein, the motion of Defendants Mahan Ranch, LLC, et al., is granted to strike (1) the memorandum of costs filed on August 2, 2023, by the Las Posas Farming Group, and (2) the memorandum of costs filed on August 3, 2023, and supplemented on August 7, 2023...
2023.10.11 Motion to Consolidate on Shortened Time 542
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.10.11
Excerpt: ...ase no. 22CV01055) and John Doe 3 (related case no. 22CV01608) ("Plaintiffs") move for an Order Consolidating the Related Cases for Trial pursuant to California Code of Civil Procedure 91048(0) on the following grounds: 1. Plaintiffs' cases have been deemed related and consolidated for purposes of discovery. Through discovery it has become apparent that judicial economy and efficiency will be served by consolidating the three cases for trial. 2. ...
2023.10.11 Motion for Leave to Amend Complaint 213
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.10.11
Excerpt: ...g Zeb Albert and Caroline Neufeld as Defendants is GRANTED: (1) the Amended Complaint is to be filed by 10/17/23; (2) the two new Defendants are to be personally served by 10/31/23. (Do not raise the issue of who pays for cost of personal service; Plaintiff or Plaintiff's counsel pays for it now; Plaintiff may seek reimbursement in a cost bill if he prevails.) 2. The Court designates this case as complex litigation because of the unusual backgrou...
2023.10.09 Motion to Seal 141
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.10.09
Excerpt: ...aw Firm, LLP TENTATIVE RULING: The motion of defendant Tesla, Inc. to seal portions of the case doc:ket and filings is denied. Background: This action relates to the purchase of a new 2015 Tesla Model S which allegedly developed numerous problems with its automaton system that substantially impaired the use, value, and safety of the subject vehicle. Plaintiffs Alexandro Filippini and laian Filippini filed their original complaint for damages agai...
2023.10.09 Motion to Proceed Pursuant to HIPPA Qualified Stipulated Medical Record Protective Order 500
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.10.09
Excerpt: ...alcolm S. Schryer and Diane M. Schryer (Deceased): Erin O. Hallissy, David R. Lang, Daniels, Fine, Israel, Schonbuch & Lebovits, LLP TENTATIVE RULING: Plaintiffs' motion for an order that this matter proceed pursuant to a HIPPA qualified stipulated medical record protective order is denied without prejudice. Plaintiffs may properly bring a motion for protective order, if allowed by statute or other legal authority, as to specific requests or subp...
2023.10.06 Motion to Compel Further Responses 357
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.10.06
Excerpt: ...shall serve further responses to requests for production Nos. 1 and 2 without objection and consistent with this ruling. UWCD shall concurrently produce all documents responsive to such requests as set forth herein. Documents produced in response to this order shall be used and disclosed only in connection with this action. In all other respects, the motion is denied without prejudice. (2) Until further order of the court, and except for initial ...
2023.10.04 Motion for Summary Judgment, Adjudication 147
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.10.04
Excerpt: ...rdan A. Liebman, Foley Bezek Behle & Curtis, LLP For Defendants Jeff Pescatello, John Williams, and Ron Donaire: Robert B. Forouzandeh, Andrew Hazlett, Reicker, Pfau, Pyle & McRoy LLP For Defendant (as nominal Defendant) and Cross-complainant DelPlaya Media, Inc.: John J. Thyne Ill, Thyne Taylor Fox Howard, LLP RULING For the reasons set forth herein: The motion for summary judgment is granted. Background On March 23, 2022, Plaintiff Todd Wooten ...
2023.10.04 Motion for Leave to File SAC 132
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.10.04
Excerpt: ...ricia Wollum and Susan Reynolds: Gabriella L Sternfeld, David A. Napper, Gregory K. Sabo For Defendant Patrick Leahy: Self-Represented RULING For the reasons set forth herein: The motion for leave to file a second amended complaint is granted to allow Plaintiffs to add against Honor Home Care Services Califomia, Inc. as a Defendant. Background On December 11, 2020, Plaintiff Mark Sellars ("Sellars") filed his original complaint against Defendant ...
2023.10.04 Demurrer to Extraordinary Writ of Execution and Ejection and Sequestration 359
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.10.04
Excerpt: ...General of the State of California with leave to amend. Petitioner shall file a first amended pleading on or before October 13, 2023. Background On August 3, 2023, John De Herrera (Petitioner) filed a verified document titled "extraordinary writ of execution and ejection and sequestration" (the petition) against Resopondent the Attorney General of the State of California (the Attorney General). Petitioner is a professional artist and educator who...
2023.10.02 Petition for Writ of Mandate 363
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.10.02
Excerpt: ...rney General of California TENTATIVE RULING: The parties are ordered to appear at the hearing and be prepared to discuss the matters described herein. Background: On June 2, 2023, petitioner Richard Morse filed a verified petition for writ of mandate directed to respondent Nancy Farias who is alleged to be the Director of the California Employment Development Department, State Disability Insurance Division (respondent), and a notice of hearing fo...
2023.10.02 Motion for Summary Judgment 616
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.10.02
Excerpt: ...Law Office of Matthew Olufs TENTATIVE RULING: The motion for summary judgment or, in the alternative, summary adjudication of defendants Mikki Reilly and Fitness Transform, LLC, is denied. Background: The second amended complaint for damages and injunctive relief (the SAC) filed by plaintiff Ann Fristoe, M.D. (Fristoe) on February 6, 2023, is the operative pleading in this matter. As alleged in the SAC, on January 10, 2020, Fristoe hired Mikki Re...
2023.10.02 Motion for Summary Adjudication 596
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.10.02
Excerpt: ...Issues as Respects Second Cause of Acton and Punitive Damages ATTORNEYS: Lloyd For Plaintiffs Passport 420, LLC; Spring Creek Research, LLC; and William Parrish.: A. Barry Cappello, Lawrence J. Conlan, and Richard For Defendant Starr Indemnity & Liability Co.: Ralph S. LaMontagne, Jr., Eric Amador, Michael J. Terhar, and Don Swaim TENTATIVE RULING: Starr Indemnity & Liability Company's motion for summary adjudication of issues as respects second ...
2023.09.26 Motion to Compel Arbitration 183
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2023.09.26
Excerpt: ...fly (based on allegations in the operative pleading), on September 1, 2022, plaintiffs purchased a 2023 Hyundai Kona (hereafter, the vehicle). In connection with the purchase of the Vehicle, Plaintiffs received an express written warranty in which defendant undertook to preserve or maintain the utility of performance of the Vehicle or to prov-de compensation if there is a failure in utility or performance for a specified period of time. The warra...
2023.09.25 Motion to Strike Punitive Damages 077
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.09.25
Excerpt: ...er, Harris Personal Injury Lawyers, Inc. For Defendants Silver Star Transportation and Gleb Stenin: Rosemarie S. Lewis, Edward J. Morales, Bradford A.M. Smith, Borton Petrini, LLP TENTATIVE RULING: For all reasons discussed herein, the motion of defendants Silver Star Transportation and Gleb Stenin to strike all claims for punitive damages in plaintiff's first amended complaint is granted with leave to amend. The following matters shall be strick...
2023.09.20 Motions to Compel Responses 471
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.09.20
Excerpt: ...out objection, on or before October 11, 2023. With respect to the motion for deemed admissions, if Plaintiff provides verified responses to the requests for admission before the time of the hearing on this motion, the motion will be denied. If Plaintiff fails to provide verified responses to the requests for admission before the time of the hearing on this motion, the motion will be granted, and the Court will order the matters set forth in the r...
2023.09.20 Motion to Amend Answer, to Continue Trial 017
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.09.20
Excerpt: ...rial dates after the case was designated complex litigation; another case has already been given some of the dates requested here for 120 days out [i.e. Cobb vs Superior Court of California for the County of Ventura.] It may settle; you are double set, in part; if that case does not settle you will start as soon as it finishes within the following time frame. You must save all these dates. 2. The Trial Date of 11/1/23 is continued to 3/6/23 at 11...
2023.09.20 Demurrer to SAC 077
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.09.20
Excerpt: ...n of Plaintiff's second amended complaint. The demurrer of Defendant City of Santa Barbara is overruled as to the fifth cause of action of Plaintiff's second amended complaint. Defendant shall file and serve its answer to Plaintiff's second amended complaint on or before October 3, 2023. Background On January 9, 2023, Plaintiff Eduviges Estrada (Estrada) filed her original complaint in this action asserting three causes of action against Defendan...
2023.09.19 Petition to Confirm Arbitration Award 321
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2023.09.19
Excerpt: ...is supplemented with a notice of hearing and memorandum of points and authorities; a declaration from attorney Paul Berkowitz; a copy of the arbitration agreement (indicating among other things that arbitration is governed by the Federal Arbitration Act (FAA)); the first amended complaint filed with the arbitrator; and the written arbitration award. Briefly, respondent advanced six causes of action predicated on violations of the Fair Employment ...
2023.09.18 Petition to Confirm Contractual Arbitration Award 136
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.09.18
Excerpt: ... D. Estes to confirm contractual arbitration award is ordered off-calendar. Background: On July 21, 2023, Ronald D. Estes (Estes) filed a petition to confirm a contractual arbitration award (the petition) against respondent Elmer Guevara Chacon (Chacon). As alleged or effectively alleged in the petition, Estes and Chacon entered into a written agreement (the agreement) on February 19, 2023, pursuant to which Estes hired Chacon to remove an old fe...
2023.09.18 Demurrer 365
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.09.18
Excerpt: ... reasons set forth herein: Defendant's demurrer to plaintiff's complaint is sustained in part and overruled in part as follows: 2. 3. 4. 5. Defendant's demurrer to plaintiff's first cause of action for Violation of the California Constitution, art. l, sections 1 and 7, is overruled. Defendant's demurrer to plaintiff's second cause of action for Violation of the Unruh Civil Rights Act, is overruled Defendant's demurrer to plaintiff's third cause o...
2023.09.15 Motion to Strike Punitive Damages 566
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.09.15
Excerpt: ...he rights and safety of others" only); and prayer for relief paragraph 4 in its entirety. Any first amended complaint that may be filed by plaintiff must be filed and served on or before September 25, 2023. Background: This action arises from a vehicle collision that occurred on June 16, 2021, on southbound U.S. Highway 101 (the highway). As alleged in the complaint filed in this action on June 14, 2023, plaintiff Maesyn Rose Fitzgibbons was driv...
2023.09.15 Motion for Protective Order 227
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.09.15
Excerpt: ...regarding the continued deposition. Counsel is ordered to appear at the hearing on this matter, either in person or remotely, to discuss selection of the discovery referee. Plaintiff will pay one-half of the discovery referee's fees and defendants will pay one-half of the fees. The court retains jurisdiction to reallocate the fees at the time of trial or further order. Background: Plaintiff Montecito Country Club, LLC ("MCC") filed its original c...
2023.09.15 Demurrer 965
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.09.15
Excerpt: ...ulting from the Thomas Fire and a subsequent rainstorm and ensuing mudslides that occurred on January 9, 2018, the alleged wrongful and bad faith handling and denial of insurance benefits by defendant National Fire & Marine Insurance Company (National Fire), and the alleged professional negligence of defendant Brown & Brown Insurance Services of California, Inc. (Brown & Brown), in allegedly failing to procure adequate insurance coverage for the ...
2023.09.15 Demurrer 612
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.09.15
Excerpt: ...ff Nina Johnson (Johnson) was employed by defendant the City of Santa Barbara (the City) in the City Administrator's Office from December 1998 until her resignation in 2022. (Complaint, 1, 17, 40.) As alleged in the complaint, during Johnson's employment with the City, she was for high visibility, high-level, and complex assignments on behalf of the City Administrator and City Council which involved directing interdepartmental teams, serving as t...
2023.09.14 Motion to Expunge Lis Pendens 602
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.09.14
Excerpt: ...olina Pizarro in the amount of $14,579. CL (2) Counsel are ordered to appear at the hearing on this motion and are to be prepared to discuss whether, and to what extent, other relief may be appropriate pending disposition of the pending petition. Background: On December 7, 2022, petitioner Carolina Pizarro filed her petition for letters of administration and authorization to administer under the Independent Administration of Estates Act the estat...
2023.09.13 Motion to Set Aside and Vacate Final Ruling, to Reinstate Case and Grant Leave to Amend Complaint 222
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.09.13
Excerpt: ...Knecht, Tom R. Shapiro, Office of the City Attorney RULING For all reasons discussed herein, the motion of Plaintiff David Matthew Kilrain to set aside and vacate final ruling and to reinstate case and grant leave to amend complaint is denied. Background On March 30, 2022, self-represented Plaintiff David Matthew Kilrain filed his original complaint in this action against Defendants City of Santa Barbara (the City) and Lisa Ann O'Niahll (O' Niahl...
2023.09.13 Motion to Confirm Stay Pending Appeal, to Strike 700
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.09.13
Excerpt: ...sented, and the record in this matter, the Court makes the following findings of fact and conclusions of law: 1. As a signatory to the Phase 3 Settlement, Fox Canyon Groundwater Management Agency ("FCGMA") agreed, inter alia, to serve as Watermaster, (SPTX-0045 S 1.1.2); that it would "perform the tasks assigned to it by the Judgment consistent with the Judgment's terms and the Watermaster Rules and Regulations," (id.); that it would "implement t...
2023.09.12 Motion for Summary Judgment 055
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2023.09.12
Excerpt: ...MD.[X] Adriana Velazquez was injured in a car accident on July 9, 2018 and was admitted to Marian Medical Center. Defendant Dr. Daniel Oh was the admitting doctor and prepared the History and Physical for Adrianna Velazquez. Adrianna Velazquez became unresponsive in the morning hours of July 10, 2018. A CT angiography (CTA) was #rformed which caused the doctors to be concerned for cerebrovascular dissection/occlusion. Due to the concern of dissec...
2023.09.11 Motion to Enforce Judgment 192
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.09.11
Excerpt: ...Pacific Palms Condominium Association to enforce judgment is denied. Background: This action commenced on March 8, 2018, by the filing of the complaint by plaintiff Pacific Palms Condominium Association ("PPCA") against defendant Phillip S. Woyak for: (1) Breach of Covenants; and (2) Nuisance. As alleged in the complaint: Woyak owns property that is subject to Covenants, Conditions, and Restrictions ("CC&R's") of PPCA. (Complaint, 2, 5, 7.) Almos...
2023.09.11 Motion to Deem Vexatious Litigants 268
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.09.11
Excerpt: ...ENTATIVE RULING: For the reasons more fully articulated below, the Court will grant the motion. The Court finds that Randy Quaid and Evgenia Quaid are, in fact, vexatious litigants, pursuant to the terms of Code of Civil Procedure section 391(b)(1) and (b)(2). The Court will issue a prefiling order prohibiting either Randy Quaid or Evgenia Quaid from filing any new litigation in the courts of this state in propria persona without first obtaining ...
2023.09.11 Motion to Compel Production of Docs 504
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.09.11
Excerpt: ...troller's Offce ATTORNEYS: For Plaintiff California State Lands Commission: Rob Bonta, Brian D. Wesley, Michael T. Zarro, Robert R. Willis, Matthew C. Heyn, Offce of the California Attorney General For Plaintiff Aspen American Insurance Company: David C. Veis, Laura P. Nash, Clyde & Co For Defendants Plains Pipeline, L P, Plains All American Pipeline, L. P, Plains GP Holdings, L.P., Plains APP, LP., Plains A1/ American GP LLP, and PA GP LLC: Henr...
2023.09.11 Motion for Summary Judgment 287
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.09.11
Excerpt: ...arinello TENTATIVE RULING: The motion is granted. Background: Plaintiff Shelley Marinello filed her complaint on August 14, 2019, naming as defendants Walnut Park Associates, Elaine Spath, and Rita Marinello. The complaint alleged causes of action for negligence, intentional infliction of emotional distress, breach of the implied warranty of habitability, breach of the covenant of quiet enjoyment, and private nuisance. The operative pleading, her...
2023.09.11 Motion for Summary Adjudication 012
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.09.11
Excerpt: ...'s cross-complaint ATTORNEYS: David M. Grokenberger / Jason W. Wansor / R. Scott Mullen of Rogers, Sheffield & Campbell, LLP for plaintiffs and cross-defendants Jeffrey Nugent, Carla Gervasio-Nugent, and Patrik Nugent, a minor, by and through his guardian ad litem, Jeffrey Nugent John O'Meara / Caitlin M. Salata of Bremer Whyte Brown & O'Meara LLP for defendants and cross- complainants Michael R. Turner and Lynn J. Turner Jana S. Johnston / Andre...
2023.09.08 Demurrer 432
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.09.08
Excerpt: ...on the demurrer of the cross-defendants to the first amended cross-complaint is continued to October 27, 2023, at 10:00 a.m. Background: On June 18, 2021, plaintiffs and petitioners Central Coast Water Authority (CCWA), and plaintiffs and petitioners Carpinteria Valley Water District, theCity of Buellton, the City of Guadalupe, the City of Santa Barbara, the City of Santa Maria, theGoleta Water District, the Montecito Water District, and the Sant...
2023.09.01 Motion to be Relieved as Counsel, for Consolidation, to Compel Responses 456
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.09.01
Excerpt: ...ontinued to October 13, 2023.m (3) For all reasons discussed herein, defendants' motion to consolidate and stay the unlawful detainer action is ordered off-calendar, subject to re-filing in accordance with this ruling. (4) To the extent a substitution of counsel for either defendant Jacqueline Rubasky or defendant The Fountain Group, LLC, is not filed and served in this matter by September 11, 2023, counsel shall file and serve an amended motion ...
2023.09.01 Motion for Attorney Fees, to Strike Costs 810
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.09.01
Excerpt: ...aint by plaintiff The Armand Hammer Foundation, Inc. (“AHF”), against defendants Rex K. Alexander, Misty Hammer, Mark L. Alfano, and Bull Canyon, Inc. As neither Alfano nor Bull Canyon have made appearances in this action, Alexander and Hammer will be collectively referred to as “defendants.” As alleged in the complaint: Prior to November 20, 2022, AHF had six members of its board of directors including defendants. (Complaint, ¶ 11.) Fol...
2023.08.30 Motion for Summary Adjudication 299
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.08.30
Excerpt: ...& Company: Wendy M. Thomas, Betty T. Huynh, Tadjedin Thomas & Engbloom Law Group LLP RULING (1) For the reasons and to the extent set forth herein, the motion of Defendants Michael Corrigan and Corrigan & Company for summary adjudication of issues pursuant to Code of Civil Procedure section 437c, subdivision (t) is granted. The Court determines that Plaintiffs' claims for damages for alleged unrealized benefits under the Plan, as explained herein...
2023.08.30 Motion for Summary Judgment, Adjudication 608
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.08.30
Excerpt: ...ified School District: Harry W. Harrison, Marianne Gordon, Tyson & Mendes RULING (1) For all reasons discussed herein, the Court continues the motion of Defendant Santa Barbara Unified School District for summary judgment or, in the alternative, summary adjudication, to October 18, 2023. (2) For all reasons discussed herein, any motion to seal a record that has been conditionally lodged in support of or in opposition to Defendant's motion for sum...
2023.08.30 Motions to Compel Further Responses 414
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.08.30
Excerpt: ...is granted in part and denied in part as follows: 1. Defendants' motion to compel further responses, from R.H. to requests Nos. 1, 2, 5, 9, 10, 11, 13, 14, 15, and 40 is granted. R.H. shall provide verified, code compliant, further responses, without objections except as to privilege, no later than September 8, 2023. For any documents withheld on the grounds of privilege, R.H. shall serve a privilege log identifying each responsive document withh...
2023.08.28 Demurrer 079
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.08.28
Excerpt: ...TIVE RULING: The Court overrules the demurrer of defendants Maria E. Rangel and Julio Rodriguez Ornelas to plaintiff's complaint. Defendants shall file and serve their individual answers or a joint answer to plaintiff's complaint no later than five days after service of written notice of entry of the Court's order herein, notwithstanding the time periods provided in Code of Civil Procedure section 1013. Defendants shall also serve notice of the C...
2023.08.28 Motion to Enforce Settlement Agreement 850
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.08.28
Excerpt: ...mpany, Jaeseong NA, Dong Ha Lee, and Kim Sung Hwan: Anne Singer For Defendants Galaxy Venture Capital, LLC and Adam Lewis: Jordan D. Hankey TENTATIVE RULING: The motion of plaintiff Nathan Joon-Seok Rim for entry of judgment pursuant to Code of Civil Procedure section 664.6 is granted. Judgment shall enter in favor of plaintiff and against defendants, jointly and severally, in the amount of $162,038.05 plus 10% interest from July 5, 2023. Plainti...
2023.08.28 Motion to Compel Further Responses 323
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.08.28
Excerpt: ...Barnard: Tionna Dolin, James L. Carroll, Rebecca E. Neubauer, Strategic Legal Practices, APC For Defendant General Motors, LLC: Mary Arens McBride, Arash Yaraghchian, Erskine Law Group, PC TENTATIVE RULING: (1) The Court grants plaintiffs' motion to compel further responses to set one requests for production of documents and for monetary sanctions. On or before September 28, 2023, or on another date to be determined at the hearing, defendant Gene...
2023.08.25 Motion for Issuance of Letters Rogatory 298
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.08.25
Excerpt: ...al injury action on December 15, 2021, by plaintiff William B. Rosenberg (“Rosenberg”) against defendant The Ritz-Carlton Hotel Company, LLC (“Ritz”). As alleged in the judicial council form complaint, on December 25, 2019, Rosenberg, while a guest at a Ritz property in Santa Barbara, slipped and fell down a marble staircase due to a dangerous and defective condition. (Complaint, ¶ GN-1.) Rosenberg alleges that he suffered wage loss, hos...
2023.08.25 Motion for New Trial, for Judgment Notwithstanding the Verdict, for Temporary Stay of Execution of Judgment 397
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.08.25
Excerpt: ... on the part of defendant and awarding plaintiff $2,000,000 in past non-economic damages and $1,250,000 in future non-economic damages. The jury was polled and the verdict was supported by 11 of the twelve jurors. Judgment was filed on 6/13/2023. Defendant has filed a motion for a new trial pursuant to CCP section 657, 659 or for a remitter pursuant to CCP section 662.5. Plaintiff has filed opposition. The Court finds that the evidence was suffic...
2023.08.23 Motion to Lift Stay and Reinstate Action 313
Location: Santa Barbara
Judge: Staffel, Timothy
Hearing Date: 2023.08.23
Excerpt: ...es. The Neutral entity provider in this case is JAMS. JAMS requires that the parties deposit the fees and expenses for the Arbitration from time to time during the course of proceedings and prior to the scheduled Arbitration Hearing. (JAMS Employment Rules, Rule 31(b).) No due date is specified in the JAMS rules. In fact, the JAMS rules suggest that the responsible party has until the date of the arbitration to pay the fees. The factual aspect of...
2023.08.23 Motion for Summary Judgment, Adjudication, for Leave to Amend Complaint 709
Location: Santa Barbara
Judge: Staffel, Timothy
Hearing Date: 2023.08.23
Excerpt: ...ENIED. Defendant Yardi Systems Inc.'s Motion for Summary Adjudication as to the Third Cause of Action (Wrongful Death- Negligent Entrustment) is GRANTED. Plaintiffs' Motion to Amend Complaint to allege basis for punitive damages is DENIED. Basis for Ruling/ First and Second Causes of Action: The issue regarding Defendant Yardi Systems, Inc.'s (hereinafter “Defendant Yardi”) vicarious liability for Defendant Bryan Paul Charette's conduct turns...
2023.08.22 Motion to Compel Arbitration 433
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2023.08.22
Excerpt: ...y Mutual Insurance Company. According to the uncontested exhibits, McKiernan[1] made a demand for settlement in the amount of $750,000 to defendant's adjuster, Nancy Ball, on August 11, 2020. Ms. Ball countered with an offer of $16,250 on August 25, 2020. This was rejected on September 8, 2020. On January 8, 2021, McKiernan emailed medical and billing records from Center of Specialized Surgery of Santa Barbara to Liberty Mutual with a cover lette...
2023.08.22 Motion for Summary Adjudication 458
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2023.08.22
Excerpt: ...ng-Beverly Act) (Civ. Code, § 1790, et seq.); 2) breach of the express warranty under the Song-Beverly Act; 3) breach of express warranty pursuant to Commercial Code section 2-313; and 4) violation of a Magnuson Moss Warranty Act pursuant to title 15 U.S.C. section 2301(1), et seq. Briefly (and according to the operative pleading), on August 27, 2019, plaintiff purchased a 2018 Chevrolet Silverado (hereafter, vehicle); plaintiff contends in para...
2023.08.21 Motion to be Relieved as Counsel 160
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.08.21
Excerpt: ... Law For Defendants Christian Younger and the Law Offices of Christian Younger: R. Chris Kroes, Linda Elias-Wheelock, Law Offices of McCarthy & Kroes TENTATIVE RULING: (1) The Court continues the hearing on the motion to be relieved as counsel to September 18, 2023. On or before September 5, 2023, counsel for plaintiff shall file and serve a supplemental declaration or, alternatively, a proof of service and shall lodge a proposed order in accorda...
2023.08.21 Application for Right to Attach Order and Writ of Attachment 631
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.08.21
Excerpt: ...RULING: The application will be granted, and the court will issue a right to attach order and writ of attachment upon plaintiff's posting of an undertaking in statutorily required amount of $10,000.00. Background: Plaintiffs George LaPlante and Barbara LaPlante filed their complaint on April 17, 2023, alleging causes of action for breach of contract and common counts, and seeking damages of $753,320.00, plus interest. The complaint alleges that o...
2023.08.21 Motion for Summary Judgment 287
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.08.21
Excerpt: ...lo ATTORNEYS: Plaintiffs John Marinello and Richard Marinello are sellf-represented Barry J. Reagan / Guillermo E. Partida / Gabriele Lashly of Slaughter,Reagan & Cole, LLP for defendants Joan Elaine Spath, Renee Spath, and Walnut Park Associates. TENTATIVE RULING: The motion is granted. Background: Plaintiffs John Marinello and Richard Marinello filed their complaint on April 29, 2021, alleging causes of action against Elaine Spath, Renee Spath,...
2023.08.21 Motion to Compel Production of Docs 596
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.08.21
Excerpt: ...ek Research, LLC; and William Parrish.: A. Barry Cappello, Lawrence J. Conlan, and Richard Lloyd For Defendant Starr Indemnity & Liability Co.: Ralph S. LaMontagne, Jr., Eric Amador, Michael J. Terhar, and Don Swaim TENTATIVE RULING: The motion to compel production of documents is denied. Background: Attorney Michael Avenatti (Avenatti) had previously acted as attorney for William Parrish (Parrish) with respect to various matters. In 2016, the tw...
2023.08.21 Motion to Vacate Dismissal and Enter Judgment 406
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.08.21
Excerpt: ...defendant Simons Urbina-Mena TENTATIVE RULING: The motion is granted. The dismissal of the action is vacated, and judgment shall be entered against defendant in the total amount of $9,385.72, pursuant to the terms of Code of Civil Procedure section 664.6. Background: This is a collections action, arising from an unpaid credit card debt, in which the amount of $17,724.80 was sought in the complaint. On April 14, 2021, the parties entered into a St...
2023.08.21 Motion to Compel Deposition Testimony 616
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.08.21
Excerpt: ... Law For Defendant and Cross-Complainant Brighton Collectibles, LLC: Peter W. Ross, Charles Avrith, Browne George Ross LLP For Cross-Defendant L.A Models, Inc.: Gene H. Shioda, Steven P. Chang, Heidi M. Cheng, Shioda Langley & Chang, LLP TENTATIVE RULING, Brighton's motions to compel deposition testimony and production of documents are denied. Background: (1) Plaintiff's Complaint On December 16, 2019, plaintiff Natalie Hockey filed her complaint...
2023.08.18 Motion to Strike 236
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.08.18
Excerpt: ...nlawful detainer against defendant Luke Strauss (Strauss). As alleged in the complaint, Strauss agreed to rent premises located at 5671 Calle Pacific in Carpinteria, California (the premises) from plaintiff's deceased brother-in-law Brian Daily (Daily) as a month-to-month tenancy pursuant to a written agreement (agreement) dated February 1, 2022. (Complaint, ¶¶ 3.a., 6.a(1), 6.b(4).) Strauss agreed to pay monthly rent of $4,000. (Id. at ¶ 6.a(...
2023.08.18 Motion to Compel Arbitration 634
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.08.18
Excerpt: ...on. The Court intends to sign the proposed order submitted by defendant ISL Employees, Inc. Background: On May 31, 2023, plaintiff Antonia Ramirez, individually and on behalf of current and former non-exempt California employees, filed a class action complaint against defendants ISL Employees, Inc. (ISL), The Oak Cottage of Santa Barbara, LLC (Oak Cottage), and ADP Totalsource I, Inc. (ADP) (collectively, defendants) asserting eleven causes of ac...
2023.08.18 Motion to Allow Filing of Fifth Amended Complaint 501
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.08.18
Excerpt: ...ded complaint (FAC). The FAC asserted eight causes of action: (1) false arrest; (2) false imprisonment; (3) negligence; (4) battery; (5) intentional infliction of emotional distress; (6) violation of statutory duty to properly train officers; (7) violation of statutory duty to properly supervise officers in the field; (8) violation of title 42 United States Code section 1983. Defendants the Santa Barbara County Sheriff's Department, the County of...
2023.08.18 Demurrers 287
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.08.18
Excerpt: ...it 1 to its opposition to defendant's demurrer, on or before August 28, 2023. (2) For all reasons discussed herein, the Court overrules the demurrer of cross-defendant Bernardino Garcia Hernandez to the cross-complaint filed by James P. Gerety. Cross-defendant shall file and serve his answer to the cross-complaint on or before August 28, 2023. Background: The complaint filed in this matter on January 19, 2023, by plaintiff American Mutual Insuran...
2023.08.16 Motion to Compel Deposition 379
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.08.16
Excerpt: ...al date in this case is 2/7/24. On 6/23/23 a motion to compel a deposition was filed by Plaintiffs which is set for hearing on 8/16/23. The motion seeks to compel Defendant Wendy P. McCaw (McCaw) to appear for a deposition and seeks monetary sanctions against McCaw and her counsel of record. McCaw is identified in the motion as the Chief Executive Officer of Defendant Ampersand Publishing, LLC (Ampersand). In the motion, Plaintiffs contend that M...
2023.08.16 Demurrer to FAC, Motion to Strike 132
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.08.16
Excerpt: ...nd Person of Rosemary Free Leahy: David J _ Tappeiner For Defendants Channe Coles and Thc Law Ofice of Channe G. Coles: R. Chris Kroes For Defendants Patricia Wollum and Susan Reynolds: Gabriella L _ Sternfeld, David A _ Napper, Gregory K _ Sabo For Defendant Patrick Leahy: Self-Represented 2. 3. 4. 5. RULNG The demurrer of Defendants Channe Coles and The Law Office of Channe G. Coles, to Plaintiffs' first amended complaint, is sustained with lea...
2023.08.15 Motion to Compel Arbitration 433
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2023.08.15
Excerpt: ... Mutual Insurance Company According to the uncontested exhibits: McKiernanlJl made a demand for settlement in the amount of $750,000 to defendant's adjuster: Nancy Ball: on August 11 : 2020. Ms. Ball countered u.ith an offer of S16,250 on August 25, 2020. This was rejected on September 8, 2020. On January 8, 2021 McKieman emailed medical and billing records from Center of Specialized Surgery of Santa Barbara to Liberty Mutual with a cover letter ...
2023.08.15 Motion to Compel Arbitration 371
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2023.08.15
Excerpt: ...only known as the ' 'lemon law. Briefly (based on allegations in the operative pleading): on August 23, 2010, plaintiffs purchased a 2020 Nissan Versa for a total purchase price of S32:435 28 (hereafter: the vehicle); Nissan issued a manufacturer's warranty contained in Exhibit 1 to the operative pleading. The vehicle began to suffer electrical and engine difficulties, and plaintiffs took the vehicle to an authofized Nissan repair facility: which...
2023.08.14 Motion for Approval of Settlement 147
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.08.14
Excerpt: ...ry M. Crosner For Defendant Ventura Investment Co.: Brier Miron Setlur TENTATIVE RULING: The motion for approval of settlement under the private attorney's general act is granted. The court will sign the proposed order. Background: Plaintiff Matt Del Campo, on behalf of himself, the State of California, and others similarly situated and aggrieved, filed his complaint on June 7, 2022. The complaint alleges a single cause of action for violation of...
2023.08.14 Motion to Transfer 478
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.08.14
Excerpt: ...es, LLC: Wesley D. Hurst, Allegra Gorchynski, Polsinelli LLP TENTATIVE RULING: The Court continues the hearing on defendant's motion to transfer and coordinate cases to September 11, 2023. On or before September 1, 2023, defendant Enterprise Rent-A-Car Company of Los Angeles, LLC, shall file and serve its supplemental brief, declarations, or other necessary documents in accordance with this ruling. Background: As alleged in the operative first am...
2023.08.14 Motion to Set Aside Default, Judgment 039
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.08.14
Excerpt: ...o set aside default is granted. The Court orders the default entered on March 17, 2023, vacated. Any response to plaintiff's complaint or challenge to service must be filed and served on or before September 13, 2023. No request for entry of default, if appropriate, as against defendant may be filed by plaintiff prior to September 14, 2023. Background: Plaintiff Brett Lauter filed a complaint in this matter on December 22, 2022, alleging eight cau...
2023.08.11 Motion to Compel Further Responses 371
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.08.11
Excerpt: ...50, and 54 is granted. GM shall provide verified, code compliant, further responses to RFPs Nos. 28, 29, 30, 31, 32, 38, 41, 43, 50, and 54, without objections except as to privilege, no later than September 1, 2023. To the extent that documents are claimed to contain trade-secrets, they will be subject to the stipulated protective order. For any documents withheld on the grounds of privilege, plaintiff shall serve a privilege log identifying eac...
2023.08.11 Motion for Entry of Judgment 042
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.08.11
Excerpt: ... cause of action titled “Common Counts” against defendant Jennifer Lock (Lock). As alleged in the complaint, Lock became indebted to Capital One on an open book account and account stated in writing for money lent by Capital One to Lock at Lock's request. The amount of $8,054.97 is the reasonable value that is due from and unpaid by Lock. Defendant answered the complaint on December 3, 2021, denying based upon lack of knowledge sufficient to ...
2023.08.11 Demurrer 415
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.08.11
Excerpt: ...ed below, the Court will overrule defendants' general demurrers to the fifth cause of action for sexual harassment in violation of Civil Code section 51.7, and sixth cause of action for intentional infliction of emotional distress. For the reasons more fully articulated below, the Court will sustain defendants' general demurrer to the seventh cause of action for violation of the Ralph Act. For the reasons more fully articulated below, the Court w...
2023.08.09 Motion for Summary Adjudication 171
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.08.09
Excerpt: ...eron W. Thomas, William A. Bossen Defendant Inzunza Trucking Corp (“Inzunza”) is represented by German A. Marcucci, Dominique Sicari, Cross Defendant Lowe's Home Centers, LLC [“Lowe's” and sometimes “Lowes”] is represented by Joan E. Cochran, Lisa Kralik Hansen, Deborah A. Smillie Issue Lowe's Motion for Summary Adjudication against Inzunza; specifically, Lowe's requests that the Court grant Summary Adjudication in its favor on the is...
2023.08.09 Demurrer 020
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.08.09
Excerpt: ...serve her answer to Plaintiff's complaint on or before August 18, 2023. Background On March 14, 2023, Plaintiff Daniel Powell filed a complaint in this matter as Trustee of the Powell-Gorman Trust dated March 31, 1998, as amended and restated (the Trust), and on behalf of his parents Suedell Powell (Powell) and Thomas Gorman (Gorman), who are settlors of the Trust and who are deceased. As alleged in the complaint, in late 2021, Gorman and Powell,...
2023.08.07 Motion to Vacate Judgment 577
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.08.07
Excerpt: ...nt on Sister State Judgment, by plaintiff Gary Dachis. Pursuant to a judgment in the total amount of $6,695.00, entered in favor of Dachis and against defendant Kay Lemke on May 24, 2021, by the Conciliation Court, Fourth Judicial District, in the County of Hennepin, State of Minnesota, Case No. 27-CO-19-8203, Dachis sought entry of a California judgment. The California judgment was entered on that date in the amount of $6,695.00, plus accrued in...
2023.08.07 Motion to Compel Compliance, Deposition, for Sanctions 909
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.08.07
Excerpt: ...s (2) Plaintiff's Motion To Compel Compliance And Request For Sanctions ATTORNEYS: For Plaintiff Yvonne Saldana: Elliot J. Siegel, Margaret R. Wright, Tiffany Nguyen, King & Siegel LLP For Defendants Brown & Brown Insurance Services of California, Inc., Brown & Brown, Inc., and John Esposito: Daniel B. Chammas, Jennifer S. McGeorge, Hilda Aguilar, Ford & Harrison LLP TENTATIVE RULING: (1) The court continues the hearing on plaintiff's motion to c...
2023.08.07 Motion to Compel Answers 978
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.08.07
Excerpt: ...: August 7, 2023 MATTER: (1) Defendant Heirloom Valley, LLC's Motion For Order Compelling Plaintiff To Answer First Set Of Special Interrogatories and For Monetary Sanctions (2) Defendant Heirloom Valley, LLC's Motion For Order Compelling Plaintiff To Answer First Set Of Demand For Production Of Documents and For Monetary Sanctions (3) Defendant Heirloom Valley, LLC's Motion For Order Compelling Plaintiff's Further Responses To Employment Form In...
2023.08.04 Demurrer 794
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.08.04
Excerpt: ...birth at Santa Barbara Cottage Hospital (the hospital). Plaintiff Roe filed her original complaint in this matter on December 22, 2022, alleging five causes of action for violation of Civil Code section 52.1 (the Tom Bane Civil Rights Act or Bane Act), battery, sexual battery, medical battery, and intentional infliction of emotional distress against Dr. Ramos and Dr. Susanne L. Ramos, M.D., Inc. (Ramos MD) (collectively, defendants.) After the Co...
2023.08.04 Motion to Serve by Publication 775
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.08.04
Excerpt: ...ff located at 21 9th Avenue, New York, New York 10014. Stanley ordered and consumed a total of $21,020.42 worth of alcohol, consisting of $15,400 in beverages, and $5,620.42 in taxes, fees, and gratuity. When presented with the final invoice at 3:14 a.m. on October 16, 2021, defendant refused to pay any portion of the bill. The complaint states causes of action for breach of contract, unjust enrichment, fraud, common count (goods and services ren...
2023.08.04 Motion to Strike 360
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.08.04
Excerpt: ..., and Diego Rodriguez Garcia filed their original complaint in this action against defendants R.J. Carroll & Sons, Inc. (RJ Carroll), and Stuart Carroll (collectively, defendants). On December 3, 2020, plaintiffs filed their operative pleading, the second amended complaint (SAC). The SAC asserts wages and hour, fraud, and health and safety claims against defendants. On January 12, 2021, defendants filed their answer to the SAC generally denying t...
2023.08.04 Motion to Tax Costs, for Attorney Fees, to Strike 178
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.08.04
Excerpt: ...ttorney fees are awarded in favor of plaintiffs Nicole Nagel and Esy Investments, LLC, and against all defendants, jointly and severally, in the total amount of $6,369,793.98. $3,515,775.50 payable to Barnes & Thornburg, LLP; $316,145.89 to Rincon Venture Law Group; $114,640.00 to Kathleen Bliss Law PLLC; and $2,423,232.59 to Valle Makoff LLP. (2) Costs in favor of Plaintiffs a. Costs in the amount of $3,559.00 are allowed for filing and motion f...
2023.08.02 Motion for Judgment on the Pleadings, to Compel 222
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.08.02
Excerpt: ..., Melissa Rapp, Office of the City Attorney RULING (1) For all reasons discussed herein, the court grants defendants' motion for judgment on the pleadings without leave to amend. (2) For all reasons discussed herein, the court orders the motion to compel and first amended motion to compel filed by plaintiff on, respectively, July 10 and 13, 2023, off- calendar. (3) The trial set for 8/2/23 at 11:30am is off calendar and the case is dismissed prej...
2023.08.02 Demurrer, Motion to Strike 957
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.08.02
Excerpt: ...I-J. Analysis The Complaint [filed 5/5/23]; 126-pages. Sets out three counts: 1. Judicial view restoration 2. Declaratory relief 3. Private nuisance Prays for 1. An order (a) requiring Defendants to restore Plaintiff's scenic views by the pruning, trimming, thinning, removal, and/or other maintenance of trees and other vegetation on Defendants' property that interfere with Plaintiff's views in a manner consistent with applicable laws; (b) enjoini...
2023.07.31 Motion to Strike 522
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.07.31
Excerpt: ...tions, LLC: Catherine L. Deter and Briana J. Kutinsky For Defendant and Cross-Complainant Judith H. Wood: Thomas S. Gelini and Jennifer A. Kung Gelini For Defendant Wood Environmental Services, LLC: No appearance TENTATIVE RULING: The motion to strike is granted with leave to amend. Plaintiff shall file and serve her second amended complaint no later than August 21, 2023. Background: This action commenced on February 7, 2023, by the filing of the...
2023.07.31 Motion for Protective Order 158
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.07.31
Excerpt: ... denied in part as follows: (1) The motion is granted as to Requests for Admissions Nos_ 4, 5, 11, 12, and 18. It will also be granted as to Special Interrogatories Nos. 13: 14: 15: 16: 17 1. The granting of the protective order with respect to these requests for admissions and special interrogatories is without prejudice should further discovery put plaintiff's physical health, mental health, or alcohol use at issue as it pertains to this action...
2023.07.31 Motion for Judgment on the Pleadings 533
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.07.31
Excerpt: ...ve to amend. Judgment shall be entered in favor of plaintiff and against defendant in the amount of $6,164.34. Plaintiff is entitled to recover its prevailing party costs. Background: Plaintiff Capital One, N.A. (Capital One) filed its complaint in this action on April 10, 2023. The complaint alleges causes of action for common counts (open book account, money lent, money paid) against defendant Miraya M. Ramirez (Ramirez). The complaint sought d...
2023.07.31 Demurrer, Motion to Strike 533
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.07.31
Excerpt: ...l and Mark Campbell: Marc S. Shapiro, Jonathan P. Cyr, Bridget K. Hockaday, Hanger, Steinberg, Shapiro & Ash TENTATIVE RULING: (1) The demurrer of defendants to the fifth cause of action alleged in plaintiff's second amended complaint is sustained with leave to amend. (2) Defendants' motion to strike portions of plaintiff's second amended complaint is granted, in part, with leave to amend. The allegations of paragraph 59 of the second amended com...
2023.07.31 Demurrer, Motion to Strike 308
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.07.31
Excerpt: ...demurrer to the FAC is overruled as to the statute of limitations bar, and is sustained as to the failure to specifically allege facts constituting the breach of the policy, with leave to amend. The motion to strike the prayer for attorneys' fees is granted, with leave to amend, to permit plaintiff one further opportunity to allege a proper basis for the attorneys' fees claim. The prayer was stricken by this Court from plaintiff's original compla...
2023.07.31 Demurrer to FAC 852
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.07.31
Excerpt: ...id Foundation of Santa Barbara County TENTATIVE RULING: For all reasons discussed herein, defendant's demurrer to plaintiff's complaint is sustained with leave to amend. Plaintiff shall file its second amended complaint, if any, on or before August 7, 2023. Background: Plaintiff Dario L. Pini dba DP Investments filed an original complaint for unlawful detainer on April 27, 2023. On May 10, 2023, defendant Amber Asher (Asher) filed a general demur...
2023.07.28 Motion to Compel Arbitration and Stay Action 540
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.07.28
Excerpt: ...Plaintiffs allege that defects and nonconformities to the warranty manifested within the express warranty period, including, but not limited to, transmission defects, that the defects substantially impair the use, value, or safety of the vehicle, and the value of the vehicle is therefore worthless or de minimis. While Ford had an affirmative duty to promptly offer to repurchase or replace the vehicle when it failed to conform the vehicle to the t...
2023.07.28 Motion for Summary Judgment 536
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.07.28
Excerpt: ...Willis, and minors Enzo Willis and Mia Willis by and through their guardian ad litem. As alleged in the FAC, on May 1, 2018, plaintiffs were stopped in their vehicle on U.S. Highway 101 at the Nojoqui grade in the County of Santa Barbara when a vehicle driven by defendant Felipe Hernandez, who is an employee of defendant the California Highway Patrol (“CHP”), struck plaintiffs' vehicle. (FAC, ¶ 13.) The collision injured plaintiffs and cause...

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