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2023.07.12 Motion to Bifurcate Individual Case for Damages from Class Action for Declaratory and Injunctive Relief 820
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.07.12
Excerpt: ...is action was commenced on August 3, 2018, with the filing of Plaintiff's original complaint. The operative pleading is Plaintiff's Fourth Amended Complaint (4AC), filed February 4, 2022. It alleges that Plaintiff Grant Beall (Beall) was a tenant of 6606-6608 Del Playa, HSE, in Isla Vista, owned by Defendant Ronald L. Wolfe and Associates, Incorporated, a California Corporation dba Wolfe & Associates, Property Services (Wolfe). It is styled as a ...
2023.07.12 Motion for Preliminary Approval of Class Action and PAGA Settlement 118
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.07.12
Excerpt: ...esorts, LLC. RULING The motion is granted as follows: The Court has reviewed the proposed order submitted with the motion and intends on signing the same, as modified, to include Case No. 21CV04034. The relevant terms include: (1) Preliminary approval of the settlement set forth in the Class Action and PAGA Settlement Agreement is granted; (2) The proposed settlement class is conditionally certified; (3) Carmen Martinez is appointed as the repres...
2023.07.12 Motion for Terminating Sanctions, Monetary Sanctions, or to Compel Compliance with Court Order for Deposition 421
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.07.12
Excerpt: ...st All Defendants, Or, In the Alternative, to Compel Compliance with the Court's June 21, 2023 Order Requiring Defendants to Appear for Deposition and Produce Documents. Ruling Time is of the essence; the trial date is July 26, 2023. 1. Plaintiffs' Motion for Terminating Sanctions and Monetary Sanctions [$5,312] Against All Defendants is denied. 2. Plaintiffs' Alternative Motion to Compel Compliance with the Court's June 21, 2023 Order Requiring ...
2023.07.12 Motion for Summary Judgment 350
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.07.12
Excerpt: ...nd Frank Alfino, jointly and severally, in the amount of $109,088.53. Plaintiff shall present to the Court a judgment for entry consistent with this order. There is a pending discovery motion to deem matters admitted that is set for hearing on July 26. This is mooted by the grant of summary judgment against these parties and that date is vacated. Similarly, trial is now moot and the trial date is vacated. Background On January 26, 2022, Plaintiff...
2023.07.10 Motion to Compel Inspection of Real Property, Responses 623
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.07.10
Excerpt: ...es (Set One) ATTORNEYS: For Plaintiff Storke Ranch Master Association: Christopher E. Haskell and Shannon D. Boyd For Defendant Janice Bilotti, Individually and as Trustee of the Janice Bilotti Revocable Trust Dated May 19, 2005: Self-Represented TENTATIVE RULING: (1) The motion to compel inspection of the real property located at 6838 Silkberry Lane, Goleta, California will be granted. 1. The parŸes shall meet and confer, either in person or t...
2023.07.10 Motion to Compel Further Responses, for Sanctions 576
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.07.10
Excerpt: ...uiz.: Robert J. Stoll For Defendants Ace-High Trucking, LLC and William Placencia: David K. Dorenfeld and Mazyar H. Mazarei TENTATIVE RULING: The motion of Ace-High Trucking, LLC and William Placencia to compel further responses to Form Interrogatories, Set One, from plaintiff Elvira Custodio Ruiz is granted in part and denied in part as follows: 1. The motion to compel further responses to form interrogatories 2.3, 12.2, 12.3, 12.7, and 14.1 is ...
2023.07.10 Motion for Determination of Good Faith Settlement 984
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.07.10
Excerpt: ...rafi, Brandon DuPree, Weitz & Luxenberg, P.C. For Defendant Schooner Enterprises Inc.: Robert A. Curtis, Aaron L. Arndt, Foley Bezek Behle & Curtis, LLP TENTATIVE RULING: The motion of defendant Schooner Enterprises Inc. for determination of good faith settlement is granted and the court determines that the settlement is in good faith within the meaning of Code of Civil Procedure sections 877 and 877.6. Background: On December 2, 2020, plaintiff ...
2023.07.07 Motion to Compel Further Responses 597
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.07.07
Excerpt: ...efore July 24, 2023. Defendant Fiore Management shall concurrently serve a privilege log as to all responsive documents withheld from production on the grounds of privilege, which privilege log shall include a statement of all facts necessary for the court to determine the application of the asserted privilege to each withheld document. Defendant Fiore Management shall concurrently produce for inspection all responsive documents to these requests...
2023.07.07 Motion for Service by Publication or Alternative Means 486
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.07.07
Excerpt: ...r the reasons more fully articulated below, the motion will be denied with respect to service by publication as to Respondent Dusty Berke, as Trustee of the Stuart Rubin Children's Trust dated December 21, 2001. For the reasons more fully articulated below, the motion will be denied with respect to service of any defendant by email. Background: In this proceeding, filed on November 14, 2022, Petitioner/Plaintiff Cappello & Noël LLP (Cappello) se...
2023.07.07 Motion for Service by Publication 775
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.07.07
Excerpt: ...rt prior to the continued hearing date. Background: As alleged in the complaint filed February 25, 2022, in the late-night hours of October 15, 2021, through the early morning hours of October 16, 2021, defendant Jrake Stanley (Stanley) patronized a restaurant and lounge operated by plaintiff 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,...
2023.07.05 Demurrer, Motion to Strike Punitive Damages 359
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.07.05
Excerpt: ... to strike punitive damages from Plaintiffs' complaint is denied. Defendant will file its Answer by July 25, 2023. Background This action was commenced on November 4, 2022, by the filing of the original complaint for violation of statutory obligations by Plaintiff Teddy Broussard against General Motors, LLC ("GM"). The original complaint contains the followng causes of action: (1) Violation of Civil Code section 1793.2, subdivision (D); (2) Viola...
2023.07.05 Motion to Set Aside Default Judgment, for Attorney Fees 430
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.07.05
Excerpt: ...ants Shari's Management Company, Shari's Management Corporation, FRI-M, LLC, and Shari's CP, LLC, to set aside the judgment, entered on December 21, 2022, and the defaults entered on November 9, 2022, and December 20, 2022, is granted. The judgment is ordered vacated, and the defaults are ordered set aside. The proposed answer attached as exhibit G to the motion is deemed filed and served as of the date of this order. (2) Attorney for Defendants,...
2023.06.30 Motion to Seal 089
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.06.30
Excerpt: ...pliant motion in accordance with this ruling. Background: This action arises out of a vehicle collision that occurred on U.S. Highway 101 (the highway) at the intersection (the intersection) of Las Varas Ranch Access Road (Las Varas) in an unincorporated area of Santa Barbara County north of the City of Goleta. The operative pleading is the Second Amended Complaint (SAC) filed on December 16, 2020, by plaintiffs Austin Buist and Maverick Buist, w...
2023.06.30 Motion for Good Faith Settlement 959
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.06.30
Excerpt: ...erest Helen Hammond (“plaintiff”) filed its judicial council form complaint against the State of California, County of Santa Barbara, City of Santa Barbara, D&J Auto Shop, Louis Daniel Monreal, and Jose Monreal alleging causes of action for motor vehicle negligence, general negligence, negligence per se, wrongful death, survival action, and exemplary damages. As alleged in the complaint: On November 4, 2021, Shelby C. Brady (“decedent”), ...
2023.06.30 Motion for Terminating Sanctions, Dismissal 848
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.06.30
Excerpt: ...es by both defense counsel and the court clerk are no longer applicable. In all other respects the tentative stands. TENTATIVE RULING: Because of the unusual circumstances which exist in this case, which are described in detail below, due process requires the Court to vacate the order compelling plaintiff to respond to discovery. Consequently, the motion for terminating sanctions based upon plaintiff's failure to comply with a court order compell...
2023.06.28 Motion to Set Aside Judgment 620
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.06.28
Excerpt: ...side the judgment pursuant to Code of Civil Procedure section 473, subdivision (d) is denied. The request to take judicial notice is granted. Plaintiff to give notice. Background This is a motion to vacate a default judgment entered in 1988. The original complaint was filed by Plaintiff Merchants Recovery Services, Inc., a collection agency, against Avery D. Ensley and Peggy R. Ensley (Ensley or Ross) asserting claims for common counts and breach...
2023.06.26 Motion to File Under Seal or for Protective Order 058
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.06.26
Excerpt: ...tipulated Protective Order For Plaintiffs Janice Feldman and 661 Park Lane LLC: Fred J. Knez, Andrew J. Knez, Matthew J. Knez, Knez Law Group, LLP For Defendants The Viking Corporation, Viking Group, Inc., and Supply Network, Inc.: John W. McConnell, III, Kenton L. Robinson, Meyers McConnell Reisz Siderman TENTATIVE RULING: The motion of plaintiffs for order that certain documents designated by defendants as protected material be filed under seal...
2023.06.26 Motion to Compel Further Responses, for Monetary Sanctions 323
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.06.26
Excerpt: ...arroll, 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 continues the hearing on plaintiffs' motion to compel further responses to set one requests for production of documents and for monetary sanctions to August 28, 2023, or another date to be determined at the hearing on this matter. On or before August 14, 2023, t...
2023.06.23 Motion to Disqualify Counsel, for Protective Order 886
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.06.23
Excerpt: ... was commenced on July 26, 2022, when plaintiff Mystica Fleury (Fleury) filed a complaint against defendants Byron Richard Tarnutzer (aka Rick Tarnutzer), Vonna Carol Tarnutzer, and American Interior, alleging nine 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 ...
2023.06.23 Motion to Declare Vexatious Litigant 204
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.06.23
Excerpt: ... order on the mandatory Judicial Council of California form VL-100 for the court's review. Except as otherwise herein granted, defendants' motion is denied. Background: As alleged in the complaint filed by plaintiff Henry Aguila on January 18, 2023, plaintiff Aguila is the sole shareholder of Thee Aguila Inc. (TAI). TAI borrowed the sum of $5,700,000 from defendant Pico Rivera First Mortgage Investors LP (Pico Rivera) (the loan) which was secured...
2023.06.23 Motion to Compel Further Responses 556
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.06.23
Excerpt: ...ds “or refute,” no later than July 7, 2023. Background: This action was commenced on April 22, 2022, by plaintiff Maria Azari (“plaintiff”) against her former employer Covenant Living West, Inc. (“defendant”) The complaint asserts seven causes of action as follows: (1) Failure to provide meal and rest periods. (2) Failure to pay overtime wages. (3) Failure to pay final wages. (4) Failure to provide accurate itemized wage statements. (...
2023.06.21 Motion for Leave to File SAP 818
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.06.21
Excerpt: ...nia RULING For all reasons discussed herein, the motion of Petitioner Coastal Ranches Conservancy for leave to file a second amended petition is granted. Petitioner shall file and serve the second amended petition, in the form attached to the motion, on or before June 28, 2023. Background In its operative first amended petition (FAP) filed on September 13, 2022, Petitioner Coastal Ranches Conservancy (the Conservancy) alleges five causes of actio...
2023.06.16 Motion for Summary Judgment 628
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.06.16
Excerpt: ..., he fell into the waters of the Santa Barbara Harbor. (See Mubanda v. City of Santa Barbara (2022), 259 (Mubanda).) Defendants Skip Abed and Blue Water Boating, Inc. (BWB) now move for summary judgment or alternatively for summary adjudication. (1) Procedural History On February 6, 2018, plaintiff Agnes Nabisere Mubanda filed her original complaint in this action. Mubanda is alleged to be Kabogoza's mother and successor in interest to Kabogoza (...
2023.06.16 Demurrer, Motion to Strike 365
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.06.16
Excerpt: ...he filing of the complaint for violation of statutory obligations by Eric Koopmans and Lynda Koopmans (collectively “plaintiffs”) against General Motors, LLC (“defendant”). The complaint contains the following causes of action: (1) Violation of Civil Code section 1793.2, subdivision (D); (2) Violation of Civil Code section, 1793.2 subdivision (B); (3) Violation of Civil Code section 1793.2, subdivision (A)(3); (4) Breach of the Implied Wa...
2023.06.16 Motion to Stay 157
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.06.16
Excerpt: ...022, entitled Jennifer Montoya vs. FPR II, L.L.C., et al. (2) For all reasons discussed herein, plaintiff and defendant are ordered to jointly file or separately file and serve a Notice of Related Case on or before June 21, 2023, both in this matter, and in case number 23CV00298 filed with this court on January 25, 2023, entitled Juan Manso Gontez vs. Marborg Industries, et al. Background: On October 20, 2022, plaintiff Juan Manso Gontez filed a ...
2023.06.16 Motion to Strike 272
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.06.16
Excerpt: ...base a claim for punitive damages. Defendant Randall Sike shall file and serve his answer to plaintiff's complaint, as herein modified, no later than July 7, 2023. Background: This action arises from an automobile versus pedestrian accident that occurred on June 3, 2022, in the City of Goleta, Santa Barbara County, California. Plaintiff filed her complaint on October 31, 2022, asserting causes of action for motor vehicle negligence, general negli...
2023.06.12 Motion to Strike 616
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.06.12
Excerpt: ... Matthew Olufs TENTATIVE RULING: For the reasons set forth herein, the motion of defendants Mikki Reilly and Fitness Transform, LLC, to strike portions of plaintiff's second amended complaint is denied. Defendants shall file and serve their answer to the second amended complaint on or before June 27, 2023. Background: As alleged in plaintiff's second amended complaint (SAC): Plaintiff Ann Fristoe, M.D., hired defendants Mikki Reilly and Fitness T...
2023.06.12 Motion to Deem Matters Admitted 625
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.06.12
Excerpt: ...seng, H. Daniel Burrows, Tseng & Associates TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff Margaret O'Brien to deem matters admitted with respect to requests for admission directed to defendant Margarito Avila is denied. Background: This is an action arising out of a motor vehicle collision occurring on October 10, 2017. On August 29, 2019, plaintiff Margaret O'Brien filed the complaint in this action against defendan...
2023.06.12 Demurrer 852
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.06.12
Excerpt: ...tiff shall file a first amended complaint, if any, on or before June 20, 2023. Background: This action was commenced on April 27, 2023, by the filing of the complaint for unlawful detainer by Dario L. Pini dba DP Investments (“Plaintiff”) against Amber Asher (“Defendant”). The complaint alleges that defendant has been renting premises located at 1515 Laguna Street, Unit 2, Santa Barbara, within the city limits of Santa Barbara, since Marc...
2023.06.09 Motion for Preferential Trial Setting 456
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.06.09
Excerpt: ...ot was riding his bicycle southbound on Highway 101 when he was struck by a vehicle being driven by defendant Susan McCurnin. Plaintiffs Ronald Wilmot (Plaintiff) and Sandy Wilmot filed their original complaint on February 3, 2022. Thereafter, on May 19, 2022, the Wilmots filed their first amended complaint (FAC) against State of California Department of Transportation (Caltrans), County of Santa Barbara, Susan Gain McCurnin, and Does 1 to 20. Fo...
2023.06.09 Demurrer, Motion to Strike, for Preliminary Injunction 316
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.06.09
Excerpt: ...s with its original tentative ruling. TENTATIVE RULING: For the reasons set forth herein: (1) Plaintiffs Motion for Preliminary Injunction is Granted as follows: 1. Defendant is enjoined from initiating or pursuing any eviction proceedings against plaintiff, outside of the current litigation, until conclusion of this matter or further order of the court. 2. Plaintiff shall post bond of within 5 court days of the hearing and prov-de proof of same....
2023.06.09 Demurrer, Motion to Strike 239
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.06.09
Excerpt: ...ark Homes Association, Marco Del Chiaro, and Jill Van Zeebroeck to strike portions of plaintiff's first amended complaint is denied. (3) Defendants Hope Ranch Park Homes Association, Marco Del Chiaro, and Jill Van Zeebroeck shall file and serve their answers to the first amended complaint on or before June 26, 2023. Background: As alleged in plaintiff's verified first amended complaint (FAC): Plaintiff Max Liskin, as trustee of the Max Liskin Tru...
2023.06.09 Demurrer 294
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.06.09
Excerpt: ...int alleges that defendant has been renting premises located at 517 Wentworth Avenue, Unit C, Santa Barbara, within the city limits of Santa Barbara, since January 1, 2021, on a month-to- month basis, with monthly rent of $1,550.00. (Complaint, ¶¶ 3, 6.) The tenancy is subject to the Tenant Protection Act of 2019. (Id. at ¶ 7.) Defendant was served with a three-day notice to pay rent quit on March 31, 2023. (Id. at ¶ 9 & Exh. 2.) On May 15, 2...
2023.06.05 Demurrer, Motion to Strike 517
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.06.05
Excerpt: ...efendant Santa Barbara Erudite Ventures and Plaintiff Cal Green Medical, LLC: Lawrence L Conlan, David L. Cousineau: Richard Lloyd: Cappello & Noel LLP For Defendants and Cross-Complainants Jeddediah Delmar Hazard and Mark Valdez Russell and Cross-Complainant Cal Green Medical, LLC: Joshua E. Lynn: Elizabeth A _ O'Brien: Lynn & O'Brien: LLP For Cross-Defendants Clark Howell, LLP, and Ariel Clark: Patrick McCarthy: Linda Elias- Wheelock: Briana E....
2023.06.05 Demurrer 054
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.06.05
Excerpt: ... Santa Barbara: Davina Pujari and Amber Holdemess TENTATIVE RULING: The demurrer to petitioner' s first amended petition for writ of mandate is overruled. Respondent shall file and semre an Answer to the first amended petition for Writ of Mandate no later than June 26, 2023 _ Background: Petitioner Joyce E. Dudley, Santa Barbara County District Attomey ('Dudley") filed her original petition for writ of mandate on December 22: 2022. On January 3, ...
2023.06.05 Motion for Sanctions 454
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.06.05
Excerpt: ...monetary, issue, and evidence sanctions, in part. The court awards sanctions in favor of Abatex: LLC: against defendant Ann Fox and her counsel in the amount of $1,989.25: payable to Abatex: LLC's counseL Payment of sanctions is due by July 6: 2023 _ Defendant Ann Fox shall serve verified funher responses to Abatex_ LLC's, set one form interrogatories and set one of requests for production of documents, uithout objections except as to privilege: ...
2023.06.05 Motion to Compel Answers 978
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.06.05
Excerpt: ...5: 2023 MATTER: (1) Motion ofDefendant Heirloom Valley, LLC For Order Compelling Plaintiff To Answer First Set Of Special Interrogatories And Imposing Reasonable Expenses Including Attorney: s Fees (2) Motion of Defendant Heirloom Valley: LLC For Order Compelling Plaintiff To Answer First Set Of Demand For Production Of Documents And Imposing Reasonable Expenses Including Attorney' s F ees (3) Motion of Defendant Heirloom Valley, LLC For Order Co...
2023.06.05 Petition to Compel Arbitration 245
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.06.05
Excerpt: ... L Grodan; Morgan Lewis & Bockius LLP TENTATIVE RULING: The petition of The Ritz-Carlton to compel arbitration and stay judicial proceedings is granted Background: This action was commenced on January 20, 2023 by the filing of the complaint by plaintiff Jeff Cifuentes ("plaintiff) against defendant Ritz-Carlton Hotel Company, LLC ("defendant") for (1) Retaliation, (2) Failure to Provide Accurate Itemized Wage Statements: (3) Failure to Timely Fur...
2023.05.31 Motion to Set Aside Default, Judgment 108
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.05.31
Excerpt: ...l file and serve supplemental declarations and supplemental briefs addressing the issues discussed herein and in accordance with this ruling, on or before July 5, 2023. Background This action arises out of an alleged theft of an automobile and of bank åunds owned by Plaintiff. As alleged in the complaint filed on December 28 2022: Plaintiff is the owner of a Nissan Rogue (the vehicle). Defendant Cindy Margarita Navas Albeno aka Cindy M. Navas ak...
2023.05.31 Motion to Compel Further Responses, for Sanctions 417
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.05.31
Excerpt: ...ash Yaraghchian: Erskine Law Group, APC RULINGS For the reasons set forth herein, Plaintiffs motion to compel further responses to requests for production of documents (set one) and for sanctions is granted part and denied in part as follows: Plaintiffs motion to compel further responses to requests Nos. 16 and 19 through 32 is granted. GM shall provide verified, code compliant, further responses to RFP's 16 and 19 through 32 no later than June 1...
2023.05.31 Demurrer, Motion to Strike 157
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.05.31
Excerpt: ...ler: & Sweet, LLP For Defendant Roe 2: John C. Eck, Craig Price: Griffith & Thornburgh, LLP For Defendant Roe 4 _ Jon Daggett, Hiroshima Daggett For Defendants Roe I and Roe 3 _ No appearances RULNG (l) For all reasons discussed herein, the Court overrules the demurrer of Roe 4. (2) For all reasons discussed herein, the Court sustains the demurrer of Roe 2, in part, as to the second and fourth causes of action alleged in the first amended complai...
2023.05.24 Motion for Terminating Sanctions 421
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.05.24
Excerpt: ...d. In the alternative, monetary sanctions in the amount of S3,825.00, for failure to obey the Court's discovery order, will be awarded in favor of Plaintiff Pootie Pie Properties, LLC, and against Defendants Cameron Colvin, Ricky Lyons, and Camco Champion AQD, LLC, and their counsel Jaburg and Wilk, P.C. and Joy Bertrand, jointly and severally, to be paid to counsel for Pootie Pie Properties, LLC, on or before June 23, 2023. Background As alleged...
2023.05.22 Petition for Writ of Mandate 823
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.05.22
Excerpt: ...petition is denied in its entirety BACKGROUND: The Petition for Writ of Mandamus was filed by Petitioner John Doe (Doe) on May 11: 2022. Doe was at all times a tenured professor in his department at the University of Califomia at Santa Barbara (UCSB)_ The petition challenges the disciplinary action taken by the University of Califomia (University) based upon alleged violations by Doe ofthe Faculty Code of Conduct: in relation to a doctoral studen...
2023.05.17 Demurrer, Motion to Strike Punitive Damages 359
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.05.17
Excerpt: ...ed with leave to amend. This ruling is without prejudice to any future demurrer to the first amended complaint filed by Plaintiff on May 4, 2023. (2) For all reasons discussed herein, Defendant's motion to strike punitive damages from Plaintiffs complaint is granted with leave to amend. This ruling is without prejudice to a future motion to strike. Background Plaintiff Teddy Broussard filed a complaint in this matter on November 4, 2022, alleging...
2023.05.16 Motion to Strike Amended Answer 096
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2023.05.16
Excerpt: ...aintiff contends it provided goods, wares, and merchandise: pursuant to a written agreement: and on September 3: 2020: defendants defaulted by failing to pay. According to plaintiff defendants owe $112561.18. On March 8: 2023: Sweet Symphoney and Aissa filed a joint amended answer (which superseded the original joint answer filed on March 3 2023). Aissa is representing himself and Sweet Symphoney "in pro. per_,:: and there is no indication Aissa ...
2023.05.15 Motion to Compel Further Responses, for Leave to File SAC 940
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.05.15
Excerpt: ...ntiff s Motion For Leave To File Second Amended Complaint ATTORNEYS: For Plaintiff Christian P. Adamc Prado: Kashif Haque, Samuel A. Wong, Jessica L. Campbell, Joseph M. Szilagyi: Aegis Law Firm: PC For Defendant Natural Pack, Inc. : Sue M. Bendavid: Nicholas Kanter, Chrystal Ferber, Lewitt, Hackman, Shapiro, Marshall & Harlan TENTATIVE RULING: (1) the coun orders the parties to appear at the hearmg on plaintiff s motions to compel åurther respo...
2023.05.15 Motion for Summary Judgment 989
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.05.15
Excerpt: ...y Counsel TENTATIVE RULING: The Motion of Defendant the County of Santa Barbara for summary judgment is denied Background: This case arises out of an incident that occurred on April 6: 2021 when plaintiff Joshua Rubow Ivas injured while riding his skateboard at the intersection of Del Playa Drive and Camino Lindo (the intersection) •which is located in Isla Vista: in the County of Santa Barbara: Califomia_ As alleged in the first amended compla...
2023.05.15 Demurrer 686
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.05.15
Excerpt: ..., Cory T Baker: Reicker: Pfau: Pyle & McRoy LLP For Defendants and Cross-Complainants Adam Pirozzi and 4602 Via Carretas, LLC: Jasper L. Ozbirn, Ozbim Law TENTATIVE RULING: The demulTer of cross-defendant Edward St. George is sustained in part as to the third and fourth causes of action alleged in Adam Pirozzi and 4601 Via Carretas, LLC's: cross-complaint: with leave to amend. Cross-complainants shall file a first amended cross-complaint on or be...
2023.05.12 Demurrer 512
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.05.12
Excerpt: ... section 1013 _ Defendant shall also properly serve a copy of his answer to the complaint on plaintiffs counsel and notice of the court' s ruling hereim Background: This is an unlawftl detainer action filed by plaintiff Abdul Yahyavi against defendant Timothy Lee. As alleged in plaintiff s complaint filed in this matter on April 10: 2023 plaintiff is the landlord of premises læated at 212 Oceano Avenue Unit in Santa Barbara: California (the prem...
2023.05.12 Motion for Post-Judgment Modification 186
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.05.12
Excerpt: ... paragraph: "Plaintiff is granted possession ofthe premises beginning on 1 2021 _ Defendant applying for or receiving rental assistance is independent and separate of plaintiff s right to possession." The court clerk will issue a writ of possessiom Plaintiff is to provide the coun with a corrected judgment: for signature, and a completed writ of possession that complies u.ith all statutory requirements Background: The action Ivas filed as an unla...
2023.05.12 Motion to Compel Further Responses 299
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.05.12
Excerpt: ...atory no. 17 _ 1: for requests for admission nos. 1 through 15, 17 through 19, and 21 through 25 served on Luis E. Perez, without objections except as to privilege and m accordance with this ruling. (2) For all reasons discussed herein: the court grants the motion of defendant Partners Personnel- Management Sen-ices: LLC, to compel åurther interrogatory responses from plaintiff BaronHR West Inc. Plaintiff shall serve code compliant verified Hart...
2023.05.12 Motion for Summary Judgment 227
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.05.12
Excerpt: ...on the pleadings and grants such motion as to the twelfth affirmative defense without leave to amend. Background: (1) Background F acts On June 30, 1977, an easement of record was created by a reservation from a Grant Deed from Montecito Country Club: a colpration: to William C. Alexander and Charles K. Schmidt: which was recorded in the real estate records reserving an easement ' 'for cart path and greens-keeper trucks purposes. " (the Recorded ...
2023.05.12 Motion to Compel Production of Docs 245
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.05.12
Excerpt: ...: 201 S: Gary Gordon: Trustee of the Edmond W _ Gordon Separate Property Trust: transfeffed title to real property located at 1790 Eucalyptus Hill Road, Santa Barbara, California (the property) to plaintiff and defendant as joint tenants. Plaintiff and defendant each hold an undivided one-half fee simple interest in the property. Pentagon Federal Credit Union is the owner of a $122522000 note secured by a deed of tmst on the Property. After the p...
2023.05.12 Motions to Tax Costs 198
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.05.12
Excerpt: ... 3 Costs in the amount of S 1,392 _ 10 are allowed for service of process; 4 Costs in the amount of S4,539.00 are allowed for court reporter fees; 5 Costs in the amount of 54,526.47 are allowed for models: enlargements, and 6 photocopies of exhibits; Costs in the amount of S52_ 10 are allowed for electronic filing fees; 7 8. No costs are allowed for hosting electronic documents _ (2) Huntsville Defendants: 1. Costs in the amount are allowed for f...
2023.05.10 Special Motion to Strike 251
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.05.10
Excerpt: ...ll, Brian R Paget: Rachel M. Smith: Paladin Law Group LLP For Defendants Compass California, Inc., Melissa Birch, and Nicklas Svensson. Brian Slome, Lindsey Ball, Lewis Brisbois Bisgaard & Smith LLP For Cross-Defendants John J. Thyne III: Lacy L Taylor: Thyne Taylor Fox Howard, LLP RULNG For the reasons set forth herein, the special motion to strikeof cross-DefendantsLuis Ibarra and Karina Carrillo is denied. Cross-Defendants shall file and serve...
2023.05.08 Motion for Approval of PAGA Settlement 147
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.05.08
Excerpt: ...nt V entura Investment Co. : Brier Miron Setlur TENTATIVE RULING: The motion for approval of settlement under the private attomey' s general act is denied without prejudice. 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 smgle cause of action for violation of the Labor Code Private Attomeys General Act of...
2023.05.08 Demurrer 388
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.05.08
Excerpt: ...fs' complaint is sustained without leave to amend. Defendant shall serve notice of this ruling at all known addresses for plaintiffs. Background: This is an unlawftl detainer action filed by plaintiffs Jennifer Lentini and Mark Lentini against defendant Andrea Gonzalez. As alleged in plaintiffs complaint filed on April 4: 2023 plaintiffs are the owner of premises located at 4723 Glenbrook Street in Goleta, California (the premises) (Complaint, 3 ...
2023.05.05 Motion to Compel Further Responses 337
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.05.05
Excerpt: ... was commenced on June 22, 2022, by the filing of the complaint by plaintiff Joseph Rocco against City of Goleta, City of Santa Barbara: County of Santa Barbara C 'County"): and Califomia Department of Transportation. City of Santa Barbara and Califomia Department of Transportation were subsequently dismissecL The action now proceeds against County of Santa Barbara and City of Goleta. The complaint contains a single cause of action for premises l...
2023.05.05 Motion for Leave to File Amended Complaint 501
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.05.05
Excerpt: ...0. On October 30, without any response having been filed by any party: Stiglmier filed his first amended complaint (FAC)_ The FAC asserted eight causes of actiom (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; (S) violation of title 42 Unit...
2023.05.05 Motion for Attorney Fees 020
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.05.05
Excerpt: ...imesberger in the amount of Background: As alleged in the cross-complaint (CC) of Daniel Preimesberger (Preimesberger) Preimesberger is an owner of: and resides at: real property located at 4647 Via Bendita: Santa Barbarm (CC, 6.) Cross-defendants Travis Logue and Lara Logue (collectively: the Logues) are owners of: and residents of, real property located at 4668 Via Bendita: Santa Barbara: which is adjacent to 4647 Via Bendita and the common int...
2023.05.05 Demurrer 299
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.05.05
Excerpt: ...Meadows entered into a written six-month residential lease on May 4, 2022: for the rental of a room located at 671 Arundel Road: Goleta: at S 1, 100.00 per month in rent. (Complaint: 6) However: this is contradicted by the lease that is attached to the complaint The lease shou•s that the term of the lease is one year. Marquis alleges that the tenancy is subject to the Tenant Protection Act of 2019. (Complaint: 7 On March 22, 2023, a Three-Day N...
2023.05.03 Demurrer to FAC 698
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.05.03
Excerpt: ...For Defendant Dwight Boytis Michael David Fox RULNG For all reasons discussed herein, the demurrer of Defendant Dwight Boytis is sustained in part with leave to amend. Plaintiffs shall file and serve their second amended complaint on or before May 15, 2023. Background Plaintiffs Wendy Ventura (Ventura) and Valerie Silguero (Silguero) (collectively: Plaintiffs) filed their original complaint in this matter on May 3 2022: alleging two causes of act...
2023.05.03 Motion for Final Approval of Class Action Settlement, Attorney Fees 992
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.05.03
Excerpt: ...e G. Lara: individually: and Timothy Cabrera: individually and on behalf of the State of Califomia and on behalf of those similarly situated Daniel J _ McQueen / Nora K _ Stilestein David A. Alvarez of Sheppard, Mullin: Richter & Hampton: LLP for Defendants Pacific Diagnostic Laboratories, LLC, Cottage Health and Santa Barbara Cottage Hospital RULINGS For the reasons set forth herein, the motion for final approval of class action settlement, for ...
2023.05.03 Motion for Preliminary Approval of Class Action Settlement 892
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.05.03
Excerpt: ...intiff for preliminary approval of the class action settlement is granted. Counsel shall appear at the hearing of this motion and shall be prepared to discuss scheduling for the final approval hearing and any other matters remaining for the Court at this time. Background On February 14, 2020, Plaintiff Victoria Tice: individually and on behalf of all others similarly situated: filed her complaint against Defendant Trader Joe 's Company (TJC) asse...
2023.05.02 Demurrer 575
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2023.05.02
Excerpt: ...second: third: and fifteenth causes of action. It sustained the demulTer to the fourth (constructive fraud): fifth (intentional misrepresentation): sixth (fraud based on concealment): seventh (promissory fraud): and eighth (negligent misrepresentation): for failure to provide specific facts. It also sustained the demulTer to the eleventh cause of action for financial elder abuse, for its gravamen was predicated on the substance of the fraud cause...
2023.05.02 Demurrer 214
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2023.05.02
Excerpt: ...Sol is an importer and distributor of alcohol beverages: including tequila manufactured by Compania Tequileras de Arandas S A. de C V _ (Arandas)_ This lawsuit stems from Casa Del Sol's alleged failure to pay plaintiff for two shipments of custom bottle closures sent to Arandas_ The matter before the coun is Casa Del Sol' s demulTer to the first amended complaint First, defendant claims the demulTer should be sustained based on misjoinder pursuan...
2023.05.01 Motion for Entry of Judgment 966
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.05.01
Excerpt: ...Film: P _ C. For Defendant Megan M. Thiessen: No appearance. TENTATIVE RULING: For the reasons set forth herein, plaintiff Cavalry SPV I, LLC as assignee of Citibank N _ A. s motion for entry ofjudgment pursuant to defendant' s default under settlement and release agreement is granted. The coun will sign the proposed judgment submitted by plaintiff. Background: This action was commenced on June 5 2019, by the filing of the complaint for account s...
2023.05.01 Motion for Determination of Good Faith Settlement 826
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.05.01
Excerpt: ...ractic: Mark S. Ashworth, Carissa A. Ashworth-Johnson: Ashworth & Ashwofih, LLP (For other appearances see list) TENTATIVE RULING: For all reasons discussed herein: the motion of defendant John Craviotto, D_C_, dba Craviotto Family Chiropractic that settlement was made in good faith is granted. Background: This is a medical malpractice action that was filed on April 5, 2019, by plaintiffs Alexandro Filippini and Stephanie Filippim against over 30...
2023.05.01 Motion for Attorney Fees 591
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.05.01
Excerpt: ...oss Complainant The Los Canoas Co. dba Construction Plumbing: Daniel E. Engel For Cross Complainant and Cross-Defendant James Davis dba Wade Davis Design: Paul R Bums For Cross Defendant James Davis dba Wade Davis Design: Rinat Klier-Er1ich TENTATIVE RULING: For the reasons set forth below: the Motion of James Davis dba Wade Davis Design for Attomey Fees is granted in part and denied in part. The coult awards attomey fees in favor of James Davis ...
2023.04.28 Motion to Compel Production of Docs 597
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.04.28
Excerpt: ...bership Interest" (Petition) pursuant to Corporations Code section 17711.06. (Petition: p. 4.) In its Minute Order dated May 20, 2022, the coun noting that Corporations Code section 17711.06, subdivision (a): required the filing of a "complaint": ordered the hearing on the petition off calendar as premature. On May 23: 2022: Welsh filed his complaint in this matter against defendants Fiore Management: Inc. (Fiore) and Adrian Z Sedlin (Sedlin): st...
2023.04.28 Motion for Attorney Fees 966
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.04.28
Excerpt: .... Background: As explained in the court' s statement of decision (Statement of Decision), filed on January 27 2022: and attached to the judgment entered in this matter on October 10, 2022 (Judgment) 'This action arises out of an October S: 2016 automobile versus pedestrian accident wherein Defendant Berl Golomb ('Mr. Golomb') drove his Prius into the front entrance of Cross- Complainant TRADER JOE'S CONIPANY: -S ('Trader Joe's') store located in ...
2023.04.28 Motion for Attorney Fees 965
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.04.28
Excerpt: ...sonable and grants final approval _ (2) The class representative incentive payment of $7 , 500 to individual plaintiff Rory Massey is reasonable and is approved. (3) Settlement administration costs of S8 500.00 is reasonable and is approved. In the alternative: plaintiff may elect to re-notice the class action settlement with the correct amount: as previously approved, of up to $10,500.00. In the event that plaintiffs do not elect to re-notice th...
2023.04.28 Demurrer, Motion to Strike 792
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.04.28
Excerpt: ...sed. Background: Plaintiff Karen Dawn (Dawn) filed her original complaint on May 10, 2022, alleging one cause of action for intentional infliction of emotional distress against defendant Peter Singer (Singer) Singer demurred to the original complaint and on December 16: 2022: the demurrer was sustained with leave to amend. Dawn was given until January 27: 2023: to file her FAC. Dawn filed her FAC on January 27: 2023 The FAC. although formatted di...
2023.04.28 Demurrer 794
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.04.28
Excerpt: ... (the Tom Bane Civil Rights Act or Bane Act); (2) battery; (3) sexual battery; (4) medical battery; and (5) intentional infliction of emotional distress against defendants Susanne Ramos and Dr. Susanne L. Ramos: M_D_: Inc. Plaintiff defines the term 'Defendant" as used in the complaint to mean Susanne Ramos (Dr. Ramos): who plaintiff alleges is an obstetrician and gynecologist. (See Complaint: 1 : 6.) As alleged in the complaint: aner plaintiff b...
2023.04.26 Demurrer 285
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.04.26
Excerpt: ...Compames: Great Lakes Reinsurance (UK): Lloyd' s UnderwriterSyndicate: Sompo Canopius dba Canopius Underwriting Agency Inc , Westport Insurance Corporation: and Zurich Insurance PLC Branch: Ron H. Bumov ski For Defendant Liberty Mutual Fire Insurance Company: Nicholas J _ Boos For Defendant Chubb Insurance Company of Canada: No appearance RULNG For the reasons set forth below, Defendant Lexington Insurance Company's demurer to Plaintiffs complain...
2023.04.26 Motion to Consolidate Cases 773
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.04.26
Excerpt: ...h case number 21CV02119 entitled David Matthew Kibain vs. Shoreline Farms LLC, et aL Case number 21 CV02119 is designated as the lead case. The parties shall file all documents in the lead case. The parties are further ordered to appear at the hearing and be prepared to discuss future proceedings in accordance with this Background Plaintiff David Matthew Kilrain' s operative first amended complaint (FAC) alleges a single cause of action titled pr...
2023.04.26 Motion for Summary Judgment, for Leave to Amend or Reclassify Complaint, to Consolidate Cases 119
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.04.26
Excerpt: ... George Wallace RULNG (l) For all reasons discussed herein, Defendants' motion for summary judgment is denied. (2) For all reasons discussed herein, Plaintiffs motion to amend or reclassify the third amended complaint from professional negligence to gross negligence is denied. (3) For all reasons discussed herein, Plaintiffs motion to consolidate cases is granted. This matter shall be consolidated with case number 22CV01773 entitled David Matthew...
2023.04.26 Special Demurrer to Abate or Stay Action 298
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.04.26
Excerpt: ...int Business Services: JoAnna L. Brooks, Nicholas Gioiello, Littler Mendelson, P_C_ RULING For all reasons discussed herein, the demurrer of Defendant FPR II, LLC, dba Leadpoint Business Services is sustained. This matter shall be stayed pending resolution of Superior Court of Santa Clara County case number 22CV408517 entitled Jennifer Montoya v. FPR II, LL.C., et aL and filed on December 16, 2022. Background On January 25 2023 Plaintiff Juan Man...
2023.04.25 Motion to Disqualify Experts and Counsel 925
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2023.04.25
Excerpt: ...hat he developed a form of cancer known as multiple myeloma from his exposure to subsurface contamination while living in there _ On April 3, 2023, defendants moved to disqualify plaintiffs experts: Mary Jane Wilson and Ross Haberle: and counsel for misuse of confidential infonnation_ Wilson: an engineer: consulted for and confidential information from Union Oil in another toxic ton case involving oilfield contamination in the Santa Maria Valley....
2023.04.19 Motion to Enforce Settlement Agreement and Enter Judgment 577
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.04.19
Excerpt: ...motion to enforce settlement and enter judgment and requests supplemental briefing, the Court will grant the motion, in part, and enter judgment against Defendant Andrea Leon in the amount of $2,560.25. Plaintiff shall submit a corrected proposed judgment and give notice of this ruling to Defendant at all known addresses. Background On February 14, 2022, Plaintiff Aspire General Insurance Company (Aspire) filed a complaint alleging two causes of ...
2023.04.18 Motion for Change of Venue, Writ of Attachment 512
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2023.04.18
Excerpt: ...as Exhibit 1 to the complaint), and secured by real property located in San Luis Obispo County. Steven Boneso (President of Boneso Brothers) signed the promissory note on behalf of Boneso Brothers. Concurrently with the promissory note defendant Robert Boneso signed a “Commercial Guaranty” (Guaranty), attached as Exhibit 2 to the operative pleading. Following Boneso Brothers' default, defendant and American Riviera Bank, on June 7, 2021, ente...
2023.04.17 Motion to Compel Arbitration 150
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.04.17
Excerpt: ...t State Farm Mutual Automobile Insurance Company: No appearance TENTATIVE RULING: The parties are ordered to appear at the hearing on April 17, 2023, at 10:00 a.m. The parties shall be prepared to discuss the status of this matter and, if appropriate, a continued hearing date and briefing schedule. In addition, for reasons discussed herein, on or before a date to be determined at the hearing, plaintiff is ordered to file and serve a corrected dec...
2023.04.17 Demurrer, Motion to Strike 850
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.04.17
Excerpt: ...YS: For Plaintiff The People of the State of California: John T. Savrnoch, Morgan S. Lucas, District Attorney For Claimant 50 Fathoms, LLC: Joshua E. Lynn, Lynn & O'Brien, LLP TENTATIVE RULING: The motion of the People of the State of California to strike the claim opposing forfeiture of 50 Fathoms, LLC, is granted with leave to amend. Claimant 50 Fathoms, LLC, shall file and serve its amended claim opposing forfeiture on or before June 16, 2023....
2023.04.17 Demurrer 168
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.04.17
Excerpt: ...P., erroneously sued as Equity Lifestyle Properties, Inc. dba Thousand Trails and MHC NAC, L.P. dba Rancho Oso: John B. Larson, Michelle Moy, Larson & Gaston, LLP TENTATIVE RULING: The demurrer of defendants MHC NAC, L.P. and MHC Property Management, L.P., (erroneously sued as Equity Lifestyle Properties, Inc. dba Thousand Trails and MHC NAC, L.P. dba Rancho Oso) to plaintiff's first amended complaint is overruled. Defendants shall file and serve...
2023.04.12 Motion to Compel Further Responses 421
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.04.12
Excerpt: ...pion AQD, LLC: Joy Bertrand; Thomas S. Moring, Jaburg & Wilk, P.C. RULING (1) As set forth herein, the motion of plaintiff Pootie Pie Properties, LLC, to compel further responses to requests for admission, set one, from defendant Ricky Lyons is granted to compel further responses to requests for admission Nos. 1 through 8, 12, 15, 16, 18, 19, 21 through 35, 37 through 46, 48, and 52. The motion is denied as to further responses as to form interro...
2023.04.12 Motion to Compel Further Responses 379
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.04.12
Excerpt: ...ng, LLC, Yolanda Apodaca, Jay Konheim, and Wendy McCaw: Zachary T. Elsea, Amber Henry, Eisner, LLP RULING (1) For all reasons discussed herein, the motion of Plaintiff Oscar Chavez to compel Defendant Ampersand Publishing LLC, to serve further responses to Plaintiff's set one requests for production of documents is granted. Defendant shall serve verified further responses to Plaintiff's set one request for production of documents nos. 2, 3, 6, an...
2023.04.12 Motion for Final Approval of Class Action and PAGA Settlement 150
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.04.12
Excerpt: ... Pet Hospital, Inc. Petvet Care Centers (California), Inc., and David P. Dawson: Nancy Yaffe, Daniel V. Kitzes, Fox Rothschild LLP RULING For the reasons set forth herein, Plaintiff's motion for final approval of class action and PAGA settlement and motion for attorney fees, costs, expenses, and representative enhancement payments are each granted in accordance with this ruling. Counsel shall appear at the hearing of this motion and shall be prep...
2023.04.11 Motion for Attorney Fees 493
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2023.04.11
Excerpt: ... the Song-Beverly Act; and (4) negligent repair _ Defendants filed ajoint answer On January 29, 2023 plaintiff filed a 'Notice of Settlement of Entire Case[,]" indicating a conditional settlement of S 140,000 "in exchange for surrender of the subject vehicle plus attomey 's fees: costs and expenses by motion," plaintiff deemed the prevailing party pursuant to Civil Code section 1794: subdivision(d)_ On March 10: 2023: plaintiffs counsel filed a r...
2023.04.10 Motion for Summary Judgment, Adjudication 504
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.04.10
Excerpt: ...te Lands Commission: Rob Bonta: Brian D _ Wesley, Michael T _ Zarro: Robert R. Willis, Matthew C. Heyn_ Office of the Califomia Attomey General For Plaintiff Aspen American Insurance Company: David C. Veis: Laura P _ Nash: Clyde & co LLP For Defendants Plains Pipeline, L. P.. Plains All American Pipeline, LP., Plains GP Holdings, L.P., Plains APP, L.R. Plains All American GP LLP, PA GP LLC: Henry Weissmann: Daniel B _ Levin: Grant A. Davis-Denny:...
2023.04.10 Demurrer, Motion to Strike 323
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.04.10
Excerpt: ...Further Responses To Requests For Production Of Documents, Set One, And Request For Monetary Sanctions ATTORNEYS: For Plaintiffs Donna Marie Harker, Jeff Harker, and Kelsey Marie Barnard: Tionna Dolin: James L _ Carroll: 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 oven-ules defendant General Motors: LLC's, demurrer to pl...
2023.04.07 Demurrer 445
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.04.07
Excerpt: ... 2023 plaintiff is the property manager of premises located at 2517 Modoc Road, 24, in Santa Barbara: Califomia (the premises). (Complaint: 3 _a, 4.) On July 31 : 2021: defendants entered into a written residential rental agreement (the agreement) with plaintiff for the premises. (ld at "16 _a, 6b, 6 .e & Exh 1_) Defendants agreed to rent the premises for one year and to pay monthly rent in the amount of $2,225 (ld. at (2)_) The tenancy is subjec...
2023.04.05 Motion to Compel Further Responses, for Monetary Sanctions 772
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.04.05
Excerpt: ... Trust dated June 2, 2004: Roben B _ Forouzandeh: Cory T _ Baker: Reicker, Pfau, Pyle & McRoy LLP RULING For all reasons discussed herein, Defendant David Back's motion to compel further responses to form interrogatories and for sanctions is granted. On or before April 15, 2023, Plaintiff Leticia Parra shall serve verified further responses to Defendant's form interrogatory Nos. 50.1 through 50.6 in accordance with this ruling and without objecti...
2023.04.05 Motion to Compel Arbitration and Stay Proceedings 583
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.04.05
Excerpt: ...aintiff and Defendants. Background Plaintiff Califomia Coastal Ventures, LLC ("CCV"') filed its operative first amended complaint ("FACE) against Defendants Coastal Holding Company, LLC ("CHC"), Coastal Mergersub 2: LLC and Julian Michalowski on December 16: 2022. As alleged in the complaint: CCV is a Califomia LLC located in San Diego Califomia_ Defendant Coastal MergerSub 2 is a Califomia LLC into which CHC merged Mith and is now CHC' s success...
2023.04.05 Anti-SLAPP Motion to Strike 133
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.04.05
Excerpt: ...drick RULING For all reasons discussed herein, the Court grants the special motion to strike of Cross- Defendants David Ormsby and Cynthia A. Ormsby, Co-Trustees of the David and Cynthia Ormsby 2019 Trust, dated April 25, 2019, in part, and orders paragraph 12 of the Cross- complaint filed by Cross-complainant Glenn J. Ritsema, as Trustee of the Glenn J. Ritsema Trust dated April 12, 2018, stricken. In addition, and for all reasons herein, the Co...
2023.03.29 Motion to Compel Further Responses 055
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.03.29
Excerpt: ...dant Santa Barbara Unified School District: Harry Harrison, Nathan Berkeley: Tyson & Mendes Emails: No email for Taylor & Ring [email protected] [email protected] RULNG (l) As set forth herein, the motion of Defendant Justin Sell to compel further responses to form interrogatories from Plaintiff is granted in part and denied in part. Plaintiff shall serve verified further responses to form interrogatories Nos. 2.5, 2.6, 4.1, 6.4, 6.7...
2023.03.29 Motion for Attorney Fees 212
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.03.29
Excerpt: ...tion for attorney fees is granted, in part, in accordance with this ruling. The Court awards Defendant attorney fees in the amount of $120,904.25. The clerk shall enter attorney fees on the judgment. Background This action was commenced by the filing of a complaint by Plaintiff Carp Property, LLC ("Carp"), on August 9: 2019. In its complaint: Plaintiff alleges that on March 15 , 2016, Rafi Tarakjian: the sole manager: member: and CEO of Carp: ent...
2023.03.27 OSC Re Sanctions 282
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.03.27
Excerpt: ...ses sanctions agamst plaintiffs counsel: John Kenneth Dorwin_ in the amount of 500, payable to the court. Payment of sanctions is due by April 27, 2023 Background: This matter is consolidated u.ith Franciscan Oaks Condominium Association, Inc., etc. v. Berry, case number 17CV01524: with this case designated as the lead case. On May 24: 2017 plaintiff Sharon Green filed her complaint in this action alleging two causes of action for negligence and ...
2023.03.27 Motion to Set Aside Default 026
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.03.27
Excerpt: ...ndant John D. Kumpitsch: Self-Represented TENTATIVE RULING: The of defendant John D. Kumpitsch to set aside default is granted. Defendant shall file and serve his answer to plaintiff s complaint in the form submitted by defendant with the present motion. Defendant: s time to file and serve the answer shall be extended until five days after service upon him ofwritten notice of entry of the court' s order denying the motion, exclusive of extended t...
2023.03.27 Motion for Summary Judgment 268
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.03.27
Excerpt: ...hi Evgenia Quaid and Randy Quaid: defendants and cross-complainants, are self-represented TENTATIVE RULING: The motion is granted in its entirety Background: This action was commenced on November 25, 2019, by the filing of the original complaint by plaintiffs R. Scott Turicchi and Lannette C Turicchi_ At that time, the complaint alleged a cause of action to quiet title in plaintiffs in property located at 1355 East Mountain Drive in Santa Barbara...
2023.03.24 Motion to Compel Further Responses 077
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.03.24
Excerpt: ... 3 _ The motion to compel fin-ther responses to form interrogatories 50.1 through 50.6 is denied. 4. Nabis shall serve åurther responses: objection: no later than April 14: 2023. 5 _ The request of HERBL for an award of monetary sanctions is granted in favor of HERBL and against Nabis and its counsel: Wilson: Elser, Moskowitz, Edelman & Dicker: LLP: jointly and severally, in the amount of SS 221 1 00: to be paid to counsel for HERBL on or before...

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