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2316 Results
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2019.12.17 Motion to Compel Arbitration and Stay Litigation 081
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.12.17
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.12.17
Excerpt: ...strong Associates, Inc. Scott R. Baker for Defendant Advanced Drywall Solutions, Inc. James B. Cole for Defendant Mountain West Construction Group, Inc. Christopher E. Haskell for Defendant Anderson Systems, Inc. Anthony R. Strauss for Defendant Venco Western, Inc. Raymond A. Myer for Defendant All American Roofing, Inc. Michael P. Denver for Defendant Mission Ready Mix RULING: The motion of defendant Arlington Theatre Property, LLC to compel arb...
2019.12.17 Demurrer, Motion to Strike Punitive Damages 223
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.12.17
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.12.17
Excerpt: ...sica C. Cook, Stevenson Law Office; Robert Adler RULING: (1) For the reasons set forth herein, the demurrer of defendant Joi K. Stephens to the third cause of action (conversion) of plaintiffs' complaint is sustained with leave to amend. Plaintiffs Christopher S. Vincent and Shelby G. Vincent shall file and serve their first amended complaint, if they choose to do so, on or before January 2, 2020. (2) For the reasons set forth herein, the motion ...
2019.12.13 Motion for Leave to File Amended Complaint 966
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.12.13
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.12.13
Excerpt: ...gh the entrance of the store and struck plaintiff. His complaint, filed March 6, 2017, asserted claims against Golomb, Trader Joe's Company, Earl M. Hill Family Limited Partnership, and The Towbes Group. Defendant Golomb settled out of the action in late 2017, and the court granted a good faith determination with respect to the settlement. The remaining parties unsuccessfully attempted to mediate the action in early 2018. A conflict arose after t...
2019.12.13 Demurrer 295
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.12.13
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.12.13
Excerpt: ... California State Lands Commission shall file an amended complaint on or before December 30, 2019. Complaint: On October 15, 2019, plaintiff California State Lands Commission (the “Commission”) filed its complaint for breach of contract, trespass, and declaratory relief against defendants Signal Hill Service, Inc.; and Pacific Operators, Inc., dba Pacific Operators Offshore, Inc. The Commission alleges: On February 29, 1968, the Commission is...
2019.12.13 Anti-SLAPP Motion to Strike 835
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.12.13
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.12.13
Excerpt: ...oseph Benaron and Emily Benaron reside at 9 Fellowship Circle, Santa Barbara (the Benaron Property). (Complaint, ¶ 1.) Defendants Cardilino and Frances Cardilino reside at 15 Fellowship Circle (the Cardilino Property). (Complaint, ¶ 2.) The Cardilino Property is located in the center of Fellowship Circle, with neighboring homes surrounding it. (Ibid.) The Cardilino Property faces the Benaron Property. (Ibid.) In February 2016, plaintiffs began ...
2019.12.10 Motion for Summary Adjudication 847
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2019.12.10
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2019.12.10
Excerpt: ...provide rest periods; 5) waiting time penalties; 6) failure to keep and provide accurate wage statements; 7) failure to reimburse business expenses; 8) unfair business practices; and 9) violation of the California Private Attorney General Act (PAGA).[1] Defendants own and operate a private post-secondary education institution. According to the operative pleading, plaintiff and the proposed class were employed by defendants within 4 years of the f...
2019.12.10 Motion for Preliminary Injunction 971
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.12.10
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.12.10
Excerpt: ...minary injunction. Background: On September 17, 2019, plaintiff ECO Property Group, LLC (“ECO”), filed its complaint against defendants Snider Investments, LLC (“SI”), and David Snider. SI filed a cross-complaint against ECO and its members Eli Owens and Roger MacFarlane. The dispute arises out of formation of Southern California Cultivation Partners, LLC, which was later renamed Morongo Equity Partners I, LLC (the “Company”). The Com...
2019.11.27 Petition to Compel Arbitration 291
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.11.27
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.11.27
Excerpt: ...t Living Vehicle, Inc. (“LV”), is the dealer that sold the subject vehicle to plaintiff Nha L. Baze, and the manufacturer that manufactured and distributed it for sale. Baze filed her complaint on September 13, 2019, asserting causes of action for 1) violation of the Song-Beverly Consumer Warranty Act (Civil Code §§ 1790 et seq.); 2) violation of California Consumers Legal Remedies Act (“CLRA” – Civil Code §§ 1770 et seq.); 3) decei...
2019.11.27 Motions to Compel Production of Docs 660
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.11.27
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.11.27
Excerpt: ... forth herein. BACKGROUND: Plaintiff Sheila Gianelli filed this legal malpractice action against defendants Mark Schwartz and Eric Woosley following their representation of her in an employment discrimination case against The Home Depot. The trial court in that action granted The Home Depot's motion for summary judgment and the judgment of dismissal was affirmed on appeal. On May 5, 2017, plaintiff filed her complaint against defendants for legal...
2019.11.27 Demurrer 948
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.11.27
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.11.27
Excerpt: ...f contract and common counts, seeking damages of $133,503.53 against defendants, plus interest. Attorneys' fees are sought for the common counts cause of action, but not within the breach of written contract cause of action. Plaintiff seeks interest in both causes of action. The complaint alleges that on June 20, 2018, plaintiff and defendants entered into an agreement, a promissory note payable in full on December 15, 2018. The promissory note (...
2019.11.26 Motion for Summary Judgment, Adjudication 136
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.11.26
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.11.26
Excerpt: ...f the City Attorney RULING: For the reasons set forth herein, the motion of defendant City of Santa Barbara for summary judgment, or alternatively for summary adjudication, is granted in part and denied in part. The motion is granted to summarily adjudicate plaintiff Santa Barbara Inland & Coastal Property Rights Association's seventh cause of action in favor of defendant City. The motion is in all other respects denied. Background In this action...
2019.11.25 Motion for Approval of PAGA Settlement, Attorney Fees 609
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.11.25
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.11.25
Excerpt: ... Reiker, Pfau, Pyle & McRoy LLP for defendant TENTATIVE RULING: Both motions are granted in their entirety. Discussion: Defendant Signature Parking, LLC (Signature), is a company which provides parking lot attendant services throughout California. Plaintiff was employed by Signature between February 2015 and August 2018, at various locations within Santa Barbara County, as an hourly, non-exempt parking lot attendant. He is an “aggrieved employe...
2019.11.25 Motion for Judgment on the Pleadings, for Stay of Entire Action 128
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.11.25
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.11.25
Excerpt: ...fendants in Intervention: Jared M. Katz (Mullen & Henzell); Jeffrey L. Oakes (New Orleans) For Intervenor HCB: James A. Anton (Irvine) Tentative Ruling: 1. The court grants defendants Lee K. McPherson, Canndescent JV, L.L.C., MSLTD, L.L.C., and Christopher Beary's motion to stay the entire proceeding until a date 30 days after the United States District Court for the Southern District of Mississippi rules on intervenor HCB Financial Corp.'s motio...
2019.11.25 Motion to Compel Further Responses 172
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.11.25
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.11.25
Excerpt: ...ion (Set One) and for Sanctions B. Motion to Compel Defendant Universal North America Insurance Company's Further Responses to Special Interrogatories (Set One) and for Sanctions against Counsel Attorneys: For Plaintiffs: Christopher M. Cotter (Snyder Burnett Egerer – Santa Barbara) For Defendant Universal N. America Ins. Co.: Jeffrey C. Lynn (Sylvester, Oppenheim & Linde – Encino) Tentative Ruling: A. The court grants, in part, the motion of...
2019.11.22 Motion for Attorney Fees 303
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.22
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.22
Excerpt: ...ecause Edie Sedgwick was not a “deceased personality” as defined in that statute. On August 26, 2019, the court entered judgment after a court trial in favor of plaintiff. The court specifically ordered and decreed that plaintiff was the prevailing party entitled to costs of suit. On October 8, plaintiff served by mail a notice of entry of judgment and a memorandum of costs in the amount of $12,312.30 plus attorney fees in an amount to be det...
2019.11.22 Demurrer 432
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.22
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.22
Excerpt: ... 7, 2019, alleging causes of action for promissory fraud, bad faith retention of security deposit, conversion, and common counts. The complaint alleges that Windrich and defendants entered into a written term lease or rental agreement for premises located at 821 Cliff Drive, No. 101, in Santa Barbara, under which Windrich agreed to pay monthly rent of $800.00, commencing June 15, 2015. Windrich deposited with defendants $1,600 as security for his...
2019.11.22 Motion to Compel Neuropsychological Exam, to Continue Trial 763
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.22
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.22
Excerpt: ...ady included in the proposed order.) Background: This action arises out of an automobile-motorcycle collision on December 22, 2017. Plaintiff Sean Carmean alleges that defendant Martha Rodriguez caused the collision. LTK Home Care, Inc., was Rodriguez's employer at the time of the collision. Trial is set for January 10, 2020. Motion: LTK applies for an order compelling a mental examination of plaintiff by psychologist Dr. Kyle Boone, Ph.D. Carmea...
2019.11.22 Demurrer 177
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.22
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.22
Excerpt: ...port cardiovascular surgeons by managing the heart-lung machine during open heart surgery. On October 7, 2015, non-party Santa Barbara Cottage Hospital (“Cottage”) executed an agreement with Allied for cardiovascular perfusion services. The agreement provided that Allied would furnish perfusion personnel and perform perfusion services for Cottage for a period of five years as an independent contractor. The fees for such services were set fort...
2019.11.22 Demurrer, Motion to Strike 673
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.22
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.22
Excerpt: ...ond cause of action (interference with contract), and is overruled as to the third cause of action (negligence). Plaintiff Trader Joe's Company, Inc., shall file and serve its first amended complaint on or before December 9, 2019. (2) As set forth herein, the motion of defendant Sequoia Insurance Company to strike portions of the complaint is denied in its entirety, including its request to stay proceedings. Background: This insurance dispute ari...
2019.11.22 Motion for Summary Judgment 763
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.22
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.22
Excerpt: ...ion: LTK moves for summary judgment on the ground that Rodriguez was not acting within the scope of her employment at the time of the collision. Carmean opposes the motion. LTK's lodgment of evidence does not comply with CRC 3.1110(f)(4), which provides: “[E]lectronic exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and briefly describe th...
2019.11.21 Motion for Summary Judgment, Adjudication 578
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2019.11.21
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2019.11.21
Excerpt: ...y products to Triple J's, in return for Triple J's payment therefor. As an inducement to plaintiff to enter into the Agreement, defendant Jose Orozco (“Orozco”) signed a written Personal Guaranty, agreeing to personally guarantee all of Triple J's obligations under the Agreement. Plaintiff would not have entered into the Agreement and provided products to Triple J's if Orozco had not provided the Personal Guaranty. Beginning in June 2017, Tri...
2019.11.20 Motion to Stay Proceedings 689
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.11.20
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.11.20
Excerpt: ..., and Century Indemnity Company for an order staying all proceedings in this action to allow the related federal case to conclude. Background: This action arises out of environmental contamination of real property located at 220 W. Gutierrez Street, Santa Barbara, California. The contaminant is perchlorethylene, a solvent that has been used in the dry cleaning business and is identified as a hazardous substance under both federal and state law. P...
2019.11.20 Motion to Compel Further Responses 895
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.11.20
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.11.20
Excerpt: ...hter as a result of the incident. Plaintiffs filed suit not only against Forgione, but also against Foley Estates Vineyard and Winery, LLC and Foley Food and Wine Society, contending that Forgione, a celebrity chef, was employed by the Foley entities, and acting in the course and scope of that employment, at the time of the accident. Plaintiffs served discovery upon both Forgione and the Foley entities in order to obtain evidence in support of th...
2019.11.20 Motion to Compel Responses, for Reasonable Deposition Transcript Costs 660
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.11.20
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.11.20
Excerpt: ...KGROUND: In this malpractice action, plaintiff Sheila Gianelli has sued her former attorneys, defendants Mark Schwartz (“Schwartz”), a Pennsylvania attorney, and Eric Woosley (“Woosley”), a Santa Barbara attorney, in connection with their representation of plaintiff in an underlying employment discrimination case against plaintiff's former employer, the Home Depot. The trial court in the underlying action granted Home Depot's motion for s...
2019.11.19 Demurrer 382
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.11.19
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.11.19
Excerpt: ...Sharon Kennedy to the complaint of plaintiff Pickford Real Estate, Inc., is overruled. Defendant shall file and serve her answer to the complaint on or before December 4, 2019. Background John Alexander was the previous trustee of the Alexander Trust dated May 4, 2007 (Trust). (Complaint, ¶ 2.) Alexander died on May 11, 2018. (Complaint, ¶ 12.) (Note: Insofar as the date of Alexander's death is alleged in the complaint as the same date appearin...
2019.11.19 Motion to Confirm Arbitration Award 909
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.11.19
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.11.19
Excerpt: ...tion to Confirm Arbitration Award. Since the proposed judgment is an exhibit to a pleading, petitioner shall submit a separate judgment for entry. Background Petitioner Hope Village Maintenance Corporation and respondents John Pearley Huffman and Dana Huffman arbitrated disputes regarding compliance with Covenants, Conditions & Restrictions (“CC&Rs”) applicable to respondents' residence in a common interest development. On July 25, 2019, the ...
2019.11.19 Motion for Preliminary Approval of Class Action, for Attorney Fees 371
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.11.19
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.11.19
Excerpt: ...Garvin, et al. – Pasadena) Ruling: The Court approves the class action settlement that plaintiff Leonard Ignacio and defendant Certified Freight Logistics, Inc. have reached. The Court approves an award of attorney fees to the firm of Mathew & George in the amount of $175,000; a claims administration fee award of $23,500 to ILYM Group, Inc.; and the Labor and Workforce Development Agency (LWDA) payment of $5,000. The Court will take up the amou...
2019.11.15 Motion to Compel, for Sanctions, to Strike 263
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.15
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.15
Excerpt: ...e to amend as to this issue only, should plaintiff choose to do so, on or before November 15, 2019. The motion to strike is denied in all other respects. (c) In large part, the Court has deemed its August 9 order regarding the identical discovery devices and motions to be applicable to defendant Sierra Property Group's four motions to compel further responses to form interrogatories, special interrogatories, demands for production, and requests f...
2019.11.15 Motion for Summary Judgment, Adjudication 334
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.15
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.15
Excerpt: ...y of Santa Barbara as Forensic Manager in the Department of Behavior Wellness. Plaintiff was subject to a one-year probationary period. On August 12, 2016, plaintiff resigned in lieu of termination after she was informed by her supervisor that she had not met the department's performance standards and would not pass probation. During her employment, plaintiff made multiple complaints to her supervisors that the department was improperly accepting...
2019.11.13 Motion for Prejudgment Possession of Property 385
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.11.13
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.11.13
Excerpt: ...Kellogg Square, LLC (“Kellogg”) is the owner of commercial real property located at 5555, 5575, 5585, and 5599 Hollister Avenue, Goleta, California. Plaintiff Bottiani Properties, LLC (“Bottiani”) is the owner of commercial real property located at 5551 and 5553 Hollister Avenue in Goleta. Plaintiff Waters Land Surveying, Inc. (“Waters”) is part owner of the commercial real property located at 5553 Hollister Avenue in Goleta. Defendan...
2019.11.13 Motion to Compel Further Responses 119
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.11.13
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.11.13
Excerpt: ...xcept as to privilege and in a form complying with the Code of Civil Procedure, to form interrogatories, set one, Nos. 9.1 and 9.2, special interrogatories, set one, Nos. 1, 2, 3, 5, 6, 8, 9, 11, 12, 14, 17, 20 through 24, 26, 27, 29, 30, 32, 33, 35, 36, and 39, and request for production of documents, set one, Nos. 1 through 16, as explained herein. Plaintiff Cortland T. Day shall serve such further responses on or before December 2, 2019. Concu...
2019.11.12 Motions for Extension of Time, to Deem Admitted, to Compel Responses, to Dismiss, for Santions 449
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.11.12
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.11.12
Excerpt: ...P for deemed admissions and for sanctions Motion by defendant Jackson and Engberg Medical to compel responses to form interrogatories and for sanctions Motion by defendant Jackson and Engberg Medical to compel responses to special interrogatories and for sanctions Motion by defendant Jackson and Engberg Medical for deemed admissions and for sanctions Motion by defendant Dr. Reddy's Laboratories to dismiss FAC and for entry of judgment Motion and ...
2019.11.12 Demurrer, Motion to Strike 194
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.11.12
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.11.12
Excerpt: ...causes of action; sustains the demurrer to the sixth and eleventh causes of action with leave to amend; and sustains the demurrer to the eighth, ninth, and fourteenth causes of action without leave to amend. 2. The Court denies defendants Symantec Corporation and DigiCert, Inc.'s motion to strike. Background On August 23, 2018, plaintiff Novacoast, Inc., filed this action against defendants Symantec Corporation and DigiCert, Inc. On August 2, 201...
2019.11.8 Demurrer 364
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.8
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.8
Excerpt: ...nto a written lease and addendum to lease for commercial premises located at 427 State Street, Santa Barbara, California 93101. Because defendant was starting a new business, the lease payments for the first six months were at a reduced rate. Once the initial six-month trial period had elapsed, and if defendant elected to continue his tenancy, the monthly rent was increased to $6,000.00 per month, starting August 2019. Defendant continued his ten...
2019.11.8 Demurrer 637
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.8
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.8
Excerpt: ...al Fire & Marine Insurance Company is sustained, with leave to amend, as to the third (fraud) cause of action, and the demurrer of all demurring parties is sustained, with leave to amend, as to the seventh (negligent misrepresentation) cause of action. Plaintiff Start, Inc., shall file and serve its second amended complaint on or before November 25, 2019. Background: Plaintiff Start, Inc. (Start), owned and operated a commercial cannabis nursery ...
2019.11.8 Motion to Compel Testing Material and Raw Data from Expert Witness 941
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.8
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.8
Excerpt: ...aterials and data are not required to be disclosed by Dr. Stenquist to counsel. Background: This is an action arising from an automobile versus pedestrian accident in which, among other things, plaintiff Michael Hines claims damages from a traumatic brain injury. Philip K. Stenquist, Ph.D., ABCN, a psychologist, was retained by counsel for defendant Nancy Hoolahan to review records and to examine Michael Hines. (Stenquist decl., ¶ 3.) On May 21,...
2019.11.6 Motion to Charge Interest 636
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.11.6
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.11.6
Excerpt: ...by failing to make the payments due on the account. On October 13, 2006, NDS filed its complaint for breach of credit card agreement, money lent, and account stated. On February 26, 2007, a default judgment in the amount of $21,058.94 was entered in favor NDS and against Cruz. The judgment was renewed on July 26, 2012, in the amount of $32,473.15, including post-judgment interest. On January 15, 2015, NDS assigned all of its rights, title, and in...
2019.11.6 Motion for Summary Judgment, Adjudication 772
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.11.6
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.11.6
Excerpt: ...tion. Background: This action involves an Irrevocable Offer to Dedicate Easement (Coastal Access)” (hereinafter “OTD”) dated June 27, 1990. Pursuant to the OTD, Frank Serena Construction and Development, Inc. (“Serena”), the predecessor in interest of plaintiff Casa Blanca Beach Estate Owners' Association (“Casa Blanca”) offered to dedicate to defendant County of Santa Barbara (“County”) a lateral access easement five feet in wi...
2019.11.6 Motion for Summary Judgment, Adjudication 660
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.11.6
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.11.6
Excerpt: ...ibution center in Lathrop, California from December 15, 2008, until she was fired on November 23, 2010. Home Depot maintains that plaintiff was fired for poor performance, but plaintiff claims that she was subject to a hostile work environment and terminated when she complained about discriminatory conduct by management and other workers. On January 31, 2011, plaintiff hired defendant Mark Schwartz (“Schwartz”), a Pennsylvania attorney, to re...
2019.11.5 Petition to Exclude Disclosure and Policy Limits, for Protective Order 196
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.11.5
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.11.5
Excerpt: ...xclude disclosure of policy limits or for a protective order is denied without prejudice to the making of an appropriate motion, objection, or other request to the arbitrator in the arbitration proceeding. Background This is the Superior Court companion case to an uninsured/ underinsured motorist arbitration proceeding pursuant to Insurance Code section 11580.2, subdivision (f). (Fenton decl., ¶¶ 1-5.) By this petition, claimant David Flores se...
2019.11.4 Motion for Summary Judgment 844
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.4
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.4
Excerpt: ... there are triable issues of fact as to whether defendant complied with the standard of care and/or whether defendant's conduct caused or contributed to any damages alleged by plaintiff. BACKGROUND: This is an action for alleged medical negligence. On August 17, 2017, plaintiff Norma Vences underwent a surgical procedure known as a bilateral tubal ligation at the Surgical Arts Center in Santa Barbara, California. The procedure was performed by de...
2019.11.4 Motion to Compel Discovery Responses, Request for Sanctions 937
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.4
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.4
Excerpt: ...a, Law Offices of Berglund & Johnson For Defendant National Railroad Passenger Corporation (Amtrak): Michael E. Murphy, Brock Christensen, Sims Law Firm, LLP TENTATIVE RULING: The motion of defendant Amtrak to compel discovery is granted in part and denied in part. The motion is granted to require a further verified written response, without objection and in a form complying with the Code of Civil Procedure, to request No. 56 of defendant Amtrak'...
2019.11.4 Motion to Quash Amendment to Complaint 871
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.4
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.4
Excerpt: ...nd Patricia Dark, and specially appearing for Joseph Lockhart: Michael C. Ghizzoni, Michael M. Youngdahl, Christopher E. Dawood, Office of the County Counsel TENTATIVE RULING: The motion of defendant Joseph J. Lockhart to quash the “Doe 1” amendment to the first amended complaint is granted and the amendment filed September 18, 2019, is ordered stricken. Background: On September 4, 2015, plaintiff Stacy McCrory filed her action against defend...
2019.11.1 OSC Re Preliminary Injunction 835
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.1
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.1
Excerpt: ...perty; (ii) From playing music at such a volume, so as to cause a nuisance and interfere with plaintiffs Joseph Benaron and Emily Benaron's use and enjoyment of their property, i.e., amplified sound shall not exceed 60dB(A) when measured outdoors at or beyond defendants' property line (Santa Barbara Municipal Code § 9.16.080 C); and (iii) From yelling or shouting at persons on plaintiffs Joseph Benaron and Emily Benaron's property. Pursuant to C...
2019.11.1 Motion to Strike Punitive Damages 261
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.1
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.1
Excerpt: ...n are the owners of real property located at 726 West Pedregosa Street, Santa Barbara, California. This is plaintiffs' primary residence. The property includes a separate unattached garage that has been converted into a living space with two residences. In September 2015, plaintiffs entered into a written lease with William Levi and Rachel Levi for one of the two residential units in the garage. In October 2016, plaintiffs entered into a written ...
2019.11.1 Motion for Summary Judgment 622
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.1
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.1
Excerpt: ...its burden of production to make a prima facie showing of the existence of a triable issue of material fact or that plaintiff is not entitled to judgment as a matter of law based on the affirmative defense, the court will grant defendant's motion for summary judgment. Background: This is a commercial unlawful detainer action, which was filed on March 26, 2019. Plaintiff Avia Spa Property, Inc. (“Avia”), filed a second amended complaint on Jun...
2019.11.1 Demurrer, Motion to Quash 106
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.1
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.1
Excerpt: ...Lydia Frenzie, Omayra Dominguez, and Thomas Dominguez to the complaint is overruled. Defendants Lydia Frenzie, Omayra Dominguez, and Thomas Dominguez shall file and serve their answers to the complaint on or before November 6, 2019. Background: Plaintiff Deutsche Bank National Trust Co., as trustee for the WaMu Mortgage Pass-Through Certificates, Series 2004- AR2, acquired and perfected title to real property located at 374 Cinderella Lane, Santa...
2019.10.9 Motion to Tax Costs 536
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.10.9
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.10.9
Excerpt: ...l District (“District”) from his position as principal of a local high school to classroom teacher. Behrens filed his complaint on May 21, 2018, asserting causes of action for (1) writ of mandate, (2) violation of his constitutional right to due process (42 U.S.C. §1983) and (3) unlawful retaliation in violation of California Labor Code Section 1102.05, subdivision (c). On May 9, 2019, the court denied Behrens's petition for writ of mandate,...
2019.10.9 Motion to Compel Compliance with Business Records 564
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.10.9
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.10.9
Excerpt: ... have been waived, and will grant the motion directing compliance with business records subpoena. Background: Plaintiff George Merino (“Merino”) is the adult son of Barbara Sonia Adams (“Adams”) and the Successor Trustee to the Barbara S. Adams 2014 Revocable Trust. Adams passed away on September 19, 2014, at the age of 71. Plaintiff Lawrence T. Sorensen (“Sorensen”) is the Administrator of the Estate of Barbara S. Adams. Defendant Jo...
2019.10.8 Motion to Strike Supplemental Expert Witness Designation 636
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2019.10.8
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2019.10.8
Excerpt: ... and shortness of breath, presenting to Dr. Ginkel's office and to the emergency room a number of times between September 2015 and July 2016. In July 2016, plaintiff's single chamber ICD was replaced with a biventricular ICD, after which plaintiff's condition improved dramatically. On February 10, 2017, plaintiffs Gregory and Lori Hood filed a complaint against Marian Regional Medical Center, Central Coast Cardiothoracic Surgical Associates, Dign...