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2023.12.20 Motion to Compel Deposition Answers 676
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.12.20
Excerpt: ...ch; Patrick J. Glinka Attorneys for Defendant/cross-complainant, Alberto Santiago Sigala; ["Sigala"l; David Holnagel, Matthew P. Stone, Stone Kalfus Attorneys for Defendant Commodity Trucking Acquisition dba Tri County Transportation ["Commodity"]: David J. Byassee, Shannon Lamb, Jose Yanez, Plain Legal PC Attorneys for Jonathan Jair Montoya and Aida Araceli Fierros Villarreal ["Montoya" and "Villarreal"]: Robert L. Reisinger Attorneys for Jonath...
2023.12.20 Demurrers, Motion to Strike 404
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.12.20
Excerpt: ...iled by Schwobs against the Crosbys. County's demurrer and motion to Strike the First Amended Verified Complaint for Damages and Injunctive Relief filed by Schwobs. Rulings Since there is no opposition, the demurrers and motion to strike are granted. The Court believes there will be no opposition against the filing of the 2AC; please meet and confirm. If there is no opposition the Court will grant the request to file the 2AC attached to the Plain...
2023.12.20 Demurrer, Motion to Strike 132
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.12.20
Excerpt: ... Reynolds: Gabriella L Sternfeld, David A. Napper, Gregory K. Sabo For Defendant Patrick Leahy: Self-Represented RULING For the reasons set forth herein: 1. The demurrer of defendants Wollum and Reynolds, to plaintiffs' second amended complaint, is sustained in part and overruled in part as follows: 2. The demurrer is overruled as to the first cause of achon for elder abuse, the fourth cause of action for intentional infliction of emotional distr...
2023.12.15 Motion to Compel compliance with Discovery Order 371
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.12.15
Excerpt: ... being asked. The further responses shall be served no later than January 5, 2024. Prospective sanctions are denied. Background: This action was commenced on August 31, 2022, by the filing of the complaint by plaintiff Brian A. Goldsworthy against defendant General Motors, LLC ("GM"). The complaint alleges causes of action as follows: (1) Violation of Civil Code section 1793.2, subdivision (d); (2) Violation of Civil Code secton 1793.2, subdivisi...
2023.12.15 Motion for Summary Judgment 181
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.12.15
Excerpt: ...nc. ("Rasmussen") for dangerous condition of public property, negligence, and premises liability. As alleged in the complaint: "On February 28, 2021, at approximately 7:30 p.m., Plaintiff Robert Kimball was riding his bicycle on Modoc Road north of the intersection with Ferrara Way in the City of Santa Barbara, County of Santa Barbara, State of California." (Complaint, 8.) "As Plaintiff Robert Kimball rode his bicycle in the bicycle lane on Modoc...
2023.12.15 Application for Right to Attach Order, for Issuance of Writ of Attachment 077
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.12.15
Excerpt: ...filed its original complaint against defendant Central Coast Agriculture, lnc„ dba Raw Garden (CCA) asserting one cause of action for breach of contract. On January 28, 2022, without any response having been filed to the original complaint, HERBL filed its first amended complaint (FAC) asserting 11 causes of action: (1) intentional misrepresentation; (2) negligent misrepresentation; (3) breach of contract; (4) breach of implied covenant of good...
2023.12.13 Motion to Compel Further Responses 139
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.12.13
Excerpt: ...ant David Ellinwood to compel further response to written discovery is granted. On or before January 16, 2024, Plaintiff Marcus E. shall serve verified further responses to Defendant Ellinwood's form interrogatories, set one, special interrogatories, set one, and request for production of documents, set one, without objection except as to privilege and in a form complying with the Code of Civil Procedure. To the extent that Plaintiff withholds an...
2023.12.13 Motion for Summary Judgment, Adjudication 279
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.12.13
Excerpt: ...iscussed herein, the motion of Defendants Anthony C. Romero, M.D., and Santa Barbara Orthopedic Associates, Inc., for summary judgment or, in the alternative, summary adjudication, is granted. Defendants shall submit a proposed order in accordance with this ruling. The Trial date of 1/24/24 is vacated. Background Plaintiff Cesar Peralta filed his operative first amended complaint (FAC) in this matter on September 19, 2022, against Defendants Anth...
2023.12.13 Demurrer 682
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.12.13
Excerpt: ...For Defendant Roy T. Begun: Self-Represented For Defendant Mike Phelan: Christopher M. Cotter For Defendant Kenneth Lee Tippery: Self-Represented For Defendants Natalia Kyme Stallworth and The Estate of Natalia Kyme Stallworth: No appearance RULING For the reasons set forth herein: The demurrer of California Highway Patrol to Plaintiffs' complaint is sustained with leave to amend. Plaintiffs shall file and serve their first amended complaint, if ...
2023.12.11 Demurrer 603
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.12.11
Excerpt: ...e and serve her answer to the complaint on or before December 18, 2023. Background: This action was commenced on October 18, 2023, by the filing of the complaint for unlawful detainer by plaintiff David Sullins against defendant Anastasiya. The complaint alleges that defendant has been renting premises located at 430 Hot Springs Road, Santa Barbara, CA 93108 (Originally Dubai Room, changed to Old Fashioned Room) since April 2023, for $2,590.00 as...
2023.12.11 Demurrer 606
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.12.11
Excerpt: ...r to the complaint on or before December 18, 2023. Background: This action was commenced on October 18, 2023, by the filing of the complaint for unlawful detainer by plaintiff David Sullins against defendant Blake Rogers. The complaint alleges that defendant has been renting premises located at 430 Hot Springs Road, Santa Barbara, CA 93108 (originally Pedrewski room, changed to white room) since September 2022 for $1,395.00 as a month-to-month te...
2023.12.11 Demurrer, Motion to Strike 416
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.12.11
Excerpt: ...r Tribe, LLC and Scott Wilkinson's Motion to Strike Portions of Cross- Complaint of Roulette William Smith ATTORNEYS: For Plaintiff and Cross -Defendant KNM Outdoor Tribe, LLC and Cross-Defen dant Scott Wilkinson: Randall Fox and Jill L Friedman For Defendant and Cross-complainant Roulette William Smith: Mark T. Coffin TENTATIVE RULING: The demurrer to the cross-complaint of Roulette William Smith against cross-defendants KNM Outdoor Tribe, LLC a...
2023.12.11 Demurrer, Motion to Strike 702
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.12.11
Excerpt: ...a T. Price Demurrer to complaint by defendant Jamie Cathleen Green Motion to strike by defendant Jamie Cathleen Green ATTORNEYS: Tamineh Roshanian of Roshanian Payman PC for plaintff Nicole Emily Jordan Kenny C. Brooks / Michael McCarthy of Nemecek & Cole for defendants Rogers Sheffield & Campbell, LLP and Sheila T. Price, as co-personal representative of the Estate of Homer G. Sheffield, Jr., deceased Rachel Van Mullem / Jennifer J. Lee of Count...
2023.12.11 Motion for Leave to File SAC 852
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.12.11
Excerpt: ...ded complaint is granted. Plaintiff shall file and serve the second amended complaint no later than December 15, 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"). Following demurrer, plaintiff filed his first amended complaint ("FAC"). The FAC alleges that defendant has been renting premises located...
2023.12.08 Motions for Issue, Evidence, Monetary Sanctions 645
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.12.08
Excerpt: ...or plaintiff the verified declaration(s) of one or more persons with personal knowledge of the search for responsive documents stating affirmatively that a reasonable and diligent search has been conducted as to the specific category of documents for which a further response is required, and that the documents produced as identified to each specific category of documents consist of all documents responsive to the request except: (i) documents wit...
2023.12.08 Motion for Prejudgment Possession 436
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.12.08
Excerpt: ...LC, Goleta Self Storage Partners, LLC, Union Pacific Railroad Company, AT&T Corporation, AT&T Communications — East, Inc., Goleta Sanitary District, Thorofare Asset Based Lending Reit Fund V, LLC, and State of California Department of Transportation ("CalTrans"). As alleged in the complaint: "City seeks to acquire, by eminent domain, a Permanent Easement for public recreational trail purposes and an associated Temporary Construction Easement ov...
2023.12.08 Demurrer, Motion to Strike 439
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.12.08
Excerpt: ...ntiff shall file and serve a first amended complaint on or before December 18, 2023. Background: This action arises out of the purchase of a vehicle manufactured by defendant General Motors, LLC (GM). As alleged in the complaint filed by plaintiff Thomas Schiferl on August 8, 2023: On September 16, 2020, plaintiff travelled to Bunnin Chevrolet in Santa Barbara, California, to acquire a safe and reliable electric vehicle that would be able to go a...
2023.12.08 Demurrer 768
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.12.08
Excerpt: ...er Properties, LLC ("JCP"), James Bradford Jellison, and Teresa M. Jellison. On June 5, 2023, plaintiff filed the operative first amended complaint ("FAC") setting forth causes of achon for negligence and premises liability. As alleged in the FAC: On May 30, 2022, Trejo was lawfully on the property located at 6505 Camino Carreta, in the City of Carpinteria, California 95204. (FAC, "1 5, 11. "Defendants requested that Plaintiff perform this danger...
2023.12.08 Demurrer 328
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.12.08
Excerpt: ...fendant shall file and serve its answer to plaintiffs' first amended complaint on or before December 28, 2023. Background: Plaintiffs Peter Jorgensen and Andrea Jorgensen (collectively, plaintiffs) filed their operative first amended complaint (FAC) in this matter on July 26, 2023. As alleged in the FAC: In 2018, plaintiffs purchased a home located at 5575 Somerset Drive in Goleta, California (the property). The City of Goleta (the City) has owne...
2023.12.06 Motion to Withdraw as Attorney 573
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.12.06
Excerpt: ...1. Motion to Withdraw: The proposed order attorney Mr. Lynn submitted cannot be signed as is and must be resubmitted for signature after correction by the attorneys. They provide that the attomey is relieved as counsel of record effective 9/12/23—which is simply improper. The Court does not grant these motions retroactively. It should be resubmitted, with No. S.a. checked (which provides that "[a]ttorney is relieved as counsel of record for cli...
2023.12.06 Motion to Compel Responses, for Sanctions 712
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.12.06
Excerpt: ... not provided to the propounding party prior to the hearing on the motion. Sanctions are a deemed admissions motion. Sanctions are awarded in the amount of $6,000 and to be paid by the Defendant and/or Defendant's counsel by 1/1/24. Analysis There are 2 motions to compel any discovery responses, and one motion for deemed admissions, set for hearing; Defendant opposed the motions on several grounds, which are fully set forth in their papers: (1) C...
2023.12.06 Motion for Summary Judgment 430
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.12.06
Excerpt: ... 2/7/24 and the MSC date of 1/19/24 are confirmed. The final CMC set for 12/13/23 is vacated. Background On June 28, 2022, Plaintiff Carizona Properties (Carizona) filed its complaint against Defendants FRI-M, LLC (FRI-M), and Sharis CP, LLC (Sharis CP) (collectively, Defendants). The Judicial Council form complaint asserts one cause of action for breach of contract. As alleged in the complaint: On December 20, 1973, Carizona entered into a writt...
2023.12.04 Motion to Terminate Stay 215
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.12.04
Excerpt: ...f plaintiff Cesar "Tito" Arriaza to lift the stay of proceedings is denied. Background: On January 19, 2022, plaintiff Cesar "Tito" Arriaza filed a complaint alleging a single cause of action against defendant Birnam Wood Golf Club (Birnam Wood) under Labor Code section 2598 et seq. (the Labor Cade Private Attorneys General Act of 2004 or PAGA). Arriaza contends that he began working full time for Birnam Wood in as an "accounts payable (AP) / Pay...
2023.11.29 Motion for Bifurcation 171
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.29
Excerpt: ..."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 Inzunza's Motion for Bifurcation. Ruling Inzunza's motion for bifurcation is DENIED. The matter will be tried in a single jury trial, with a subsequent judicial determination of contractual indemnity issues, and/or any other issu...
2023.11.29 Motion for Judgment on the Pleadings 157
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.29
Excerpt: ...e motion of Defendant Roe 2 for judgment on the pleadings is denied. Background As alleged in the first amended complaint (FAC): Defendant Roe 1 was the principal at a public elementary school owned by Defendant Roe 2 and located in Santa Barbara County, California. (FAC, GN-I [first cause of action], Prem.L-3 & L-5.a [second cause of action], IT-I [third and fourth causes of action].) Between 1972 and 1976, during the time Ræ 1 was employed as ...
2023.11.29 Motion for Leave to File Amended Complaint, to Seal 450
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.29
Excerpt: ...all be filed by 12/4/23. 2. The motion to seal is granted. Counsel to submit to the Court a order which satisfies the requirements of Rule 2.55(Md) and (e). 3. The Trial [hte of 1/31/24 is continued to 5/29/24; the MSC set for 1/5/24 is continued to 5/2/24; another CMC is set for 3/27/24 at 8:30am. Motion to file a AC Pursuant to Code of Civil procedure section 473(a)(1), the Court may, in furtherance of justice, and on any terms as may be proper...
2023.11.29 Petition for Writ of Mandate, Application to Seal Memorandum of Points and Authorities 230
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.29
Excerpt: ...G (1) For all reasons discussed herein, the verified petition for writ of mandate of Petitioner Jay Hotchner is denied. (2) For all reasons discussed herein, the application to seal the memorandum in support of Petitioner Jay Hotchner's writ of mandate is denied. Petitioner's memorandum of points and authorities in support of Petitioner's writ of mandate, lodged conditionally under seal on Cktober 13, 2023, shall be filed in the public record. (3...
2023.11.27 Motion for Final Approval of Class Action Settlement 389
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.11.27
Excerpt: ... For Plaintiffs Christian P. Adame Prado, Maria Torres, and the putative class: Kashif Haque, Samuel A. Wong, Jessica L. Campbell, Joseph M. Szilagyi, Aegis Law Firm, PC For Defendant Natural Pack, Inc.: Nicholas Kanter, Lewitt, Hackman, Shapiro, Marshall & Harlan TENTATIVE RULING: For all reasons discussed herein, plaintiffs' motion for final approval of class action settlement is granted in accordance with this ruling. Counsel shall appear at t...
2023.11.27 Demurrer 308
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.11.27
Excerpt: ...RULING: The court overrules the demurrer of defendant to plaintiff's second amended complaint. shall file and serve its answer to plaintiff's second amended complaint on or before December 7, 2023. Background: Plaintiff Alexander Kaay filed his original complaint in this matter on June 20, 2022. As alleged in the original complaint, plaintiff bought undevelo#d property located at Barger Canyon Road in the County of Santa Barbara (the property) fr...
2023.11.22 Motion to Set Aside Judgment 588
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.22
Excerpt: ...set forth herein: 2. 3. As Plaintiff's opposition to the motion was filed 14 calendar days late, the hearing on this matter is continued to December 27, 2023, at 10M a.m. Defendants' reply brief shall be filed and served no later than December 13, 2023. Plaintiff shall give notice to all parties of this ruling and file a prcx)f of service of same. Background This action was commenced on November 18, 2022, by the filing of the complaint by Plainti...
2023.11.22 Motion for Leave to File FAC 171
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.22
Excerpt: ...Defendant/Cross-Complainant/Cross-Defendant Inzunza Trucking Corp.: German A. Marcucci, Dominique Sicari For Plaintiff USAA Casualty Insurance Company as Subrogee of Kristin Fraser: Kellie Terhyufen Issue Plaintiffs Kristin Fraser's and Jason Lloyd's Motion for Leave To File a First Amended Complaint Ruling The Motion is DENIED Plaintiffs' Moton Filed 10/13/23; set hearing for 11/22/23; 44 pages; summarized; seeks leave to file a First Amended Co...
2023.11.22 Motion for Entry of Judgment 811
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.22
Excerpt: ...nd judgment for the Court's signature. The Court shall retain jurisdiction over the parties to enforce the settlement until in full of the terms of the settlement. Background This action commenced on May 4, 2021, by the filing of the judicial council form complaint by Plaintiff Santa Barbara Cardiovascular Medical Group, Inc. (SBCMG) against Defendants PRS Credentialing Services, LLC (PRS) and Larry G. DeHoyos. The complaint contains causes of ac...
2023.11.20 Motions to Compel Further Responses 500
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.11.20
Excerpt: ...to Form Interrogatories, Special Interrogatories, Demands for Production, Requests for Admission Motons to compel further responses from Steven Fairly to Form Interrogatories, Special Interrogatories, Demands for Production, ATTORNEYS: For Plaintiffs Carina and Steven Fairly: Carina and Steven Fairly, In pro per For Defendant Estate of Malcolm S. Shryer and Diane M. Schryer: Erin Hallissey, David Lang, of Daniels Fine Israel, Schonbuch & Lebovits...
2023.11.20 Motion to Modify Subpoena, to Compel Further Responses, to Quash 268
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.11.20
Excerpt: ...ses and documents responsive to Evgenia Quaid's request for production of documents. ATTORNEYS: Craig S. Granet / Claire K. Mitchell of RIMON, PC and Andrew W. Zepeda of Lurie, Zepeda, Schmalz, Hogan & Martin for plaintiffs R. Scott Turicchi and Lannette C. Turicchi Grant Puleo / Karen L. Alexander / Daniel M. Doff of Duane Morris LLP for defendants Randy Quaid and Evgenia Quaid TENTATIVE RULINGS: The Turicchis' motion to modify the sublN)ena iss...
2023.11.20 Motion for Issue and Evidentiary Sanctions, for Monetary Sanctions 978
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.11.20
Excerpt: ... For Defendants AG Roots, LLC, Heirloom Valley LLC, Wil Crummer, Jack Crummer, Keith Crummer, Jay Caplan, Marybeth Hammond, and Defendant and Cross-complainant Farm and Ranch Management LLC: Lance M. Williams, Amanda D. McGee, Boren, Osher & Luftman, LLP TENTATIVE RULING: (1) Defendant Heirlcx)rn Valley, LLC's request for issue or evidentiary sanctions will be denied without prejudice; (2) Plaintiff Jesse Zaragoza shall comply with the August 7, ...
2023.11.20 Application for Right to Attach Order and for Issuance of Writ of Attachment 219
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.11.20
Excerpt: ... Ian Alban Stewart, Sr., and Ian Alban Stewart, Jr. : J. Paul Gignac, Rimon, TENTATIVE RULING: For the reasons set forth herein, the application of plaintiff Norman Colavincenzo, as trustee of the Michael M. Stewart Trust, for a right to attach order and for issuance of a writ of attachment is denied. Background: On October 27, 2022, plaintiff Norman Colavincenzo, as trustee of the Michael M. Stewart Trust (MMS Trust), filed his original complain...
2023.11.17 Motion for Attorney Fees 360
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.11.17
Excerpt: ... Josue Gamino, and Diego Rodriguez Garcia filed their original complaint in this achon 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 general...
2023.11.17 Motion for Preliminary Approval of Class Action Settlement 849
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.11.17
Excerpt: ...urt at this time. Background: The first amended complaint (FAC) filed by plaintiff Joel Cummings in this matter on March 22, 2018, on behalf of himself and others similarly situated, alleges six causes of action against defendant Eureka Restaurant Group LLC: (1) failure to provide meal periods; (2) failure to provide rest periods; (3) unfair competition; (4) failure to provide accurate wage statements; (5) failure to pay all wages owed upon termi...
2023.11.17 Motion for Determination of Good Faith Settlement 517
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.11.17
Excerpt: ...agreement discussed herein together with the affidavit or declaration required by this ruling. (3) On or before November 29, 2023, Ply Gem shall file and serve a supplemental moving brief, if appropriate, in accordance with this ruling. (4) On or before December 6, 2023, Hayward shall file and serve its response to any supplemental brief that may be filed by Ply Gem in accordance with this ruling. (5) No party shall file any additional papers not...
2023.11.17 Motion for Sanctions 295
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.11.17
Excerpt: ...e loss of the hard drives to the trier of fact. The court awards monetary sanctions in favor of plaintiff California State Lands Commission and against defendant and cross- complainant Signal Hill Service, Inc., in the amount of $13,200.W, to be paid to counsel for plaintiff on or before December 15, 2023. In all other respects the motion is denied. Background: On August 14, 2019, plaintiff State Lands Commission (Commission) filed its complaint ...
2023.11.15 Motion to File Under Seal Docs 608
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.15
Excerpt: ...ile under seal of Plaintiff John Doe #3 is granted. Plaintiff's exhibits 7, 8, and 19, which were lodged with this Court on August 16, 2023, in support of Plaintiff's opposition to Defendant Santa Barbara Unified School District's motion for summary judgment, are ordered filed under seal. No other Court records or records relating to the case are to be sealed at this stage of the proceedings. Only the Court, the parties named in this action and t...
2023.11.15 Motion to Compel Arbitration 710
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.15
Excerpt: ...acific Premier Bank to compel arbitration is granted. Plaintiff's claims against Defendant shall to arbitration. This litigation shall be stayed the completion of arbitration. The Court will set a follow-up CMC for 11/20/24 at 8:30am dismiss the case if everything is done. Background This action relates to the disbursement of insurance proceeds following a fire at property owned by the Gregg Welsh Revocable Trust U/T/D dated August 31, 2015 (the ...
2023.11.15 Motion for Summary Judgment, for Terminating Sanctions, to Strike Answer 982
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.15
Excerpt: ...ant 1604 Sunset Plaza LLC: unrepresented For Plaintiff and Cross-Defendant Elliot Lander: Self-Represented For Defendant and Cross-complainant Preferred Bank: Michael E. Bubman, Mirman, Bubman & Nahmias, RULING For the reasons set forth below: 2. 3. 4. Defendant Preferred Bank's motion for summary judgment is granted. Defendant Preferred Bank's motion for terminating sanctions is granted. The trial date of 11/29/23 is ordered off calendar. Prefer...
2023.11.15 Motion for Preliminary Approval of Class Action Settlement 162
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.15
Excerpt: ...ourt has reviewed the proposed order submitted with the motion and intends on signing the same. The relevant terms include: 2. 3. 4. 5. 6. Preliminary approval of the settlement set forth in the Class Action Settlement Agreement is granted; The settlement class is conditionally certified; Cristina Calzada-Guido is provisionally as the representative of the settlement class; Arby Aiwazian, Joanna Ghosh, and Yasmin Hosseini of Lawyers for Justice, ...
2023.11.13 Motion to Compel Further Responses 500
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.11.13
Excerpt: ...S: For Plaintiffs Carina and Steven Fairly: Carina and Steven Fairly, In pro per For Defendant Estate of Malcolm S. Shryer and Diane M. Schryer: Erin Hallissey, David Lang, of Daniels Fine Israel, Schonbuch & Lebovits LLP TENTATIVE RULING: Defendant's motions to compel further responses from Carina Fairly to Form Interrogatories, Interrogatories, Demands for Production and Requests for Admission are denied, without prejudice to the filing of futu...
2023.11.13 Motion for Preliminary Injunction 083
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.11.13
Excerpt: ...ty District Attorney; Hydee Feldstein Soto, Kathleen A. Kenealy, William R. Pletcher, Miguel J. Ruiz, Louisa O. Kirakosian, Office of the Los Angeles City Attorney For Defendant Sunseeker Enterprises, Inc., dba Sun Firedefense: Michael N. Sofris, Action Legal Team For Defendant James E. Moseley: Self-represented TENTATIVE RULING: To the extent set forth herein, the motion of plaintiff People of the State of California for issuance of a preliminar...
2023.11.08 Motion to Strike Costs 720
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.08
Excerpt: ...nt Berylwood Heights Mutual Water Company: Joseph A. Salazar, Jr., Lewis Brisbois Bisgaard & Smith LLP For Amici Curiae Las Posas Farming Group: Matt Kline, Barton (Buzz) Thompson, Russell McGlothlin, Heather Welles, O'Melveny & Myers LLP RULING For all reasons discussed herein, the motion of Plaintiff US Horticulture Farmland, LLC, to strike costs is denied. The Court confirms an award of costs in the amount of $14,572.74 in favor of Defendants ...
2023.11.08 Motion to Compel Further Responses, for Sanctions 213
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.08
Excerpt: ...glor, Littler Mendelson, P.C. For Defendant Zeb Albert: No appearance For Defendant Caroline Neufeld: No appearance RULING This case is also on the CMC Calendar for 11/8/23; the CMC and the CL&M matters will both be called on the 10 am Calendar; no appearance necessary for the 8:30am CMC Calendar. The Trial Date of 4/24/24 is CONFIRMED For the reasons set forth herein: 1. The motion to compel further responses to requests for production of docume...
2023.11.08 Motion for Order for Prejudgment Possession 430
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.08
Excerpt: ... possession is granted. The Court will sign the prolN)sed order submitted by City of Goleta. Background Plaintiff City of Goleta ("City") filed its complaint in eminent domain on August 8, 2023, against Defendants County of Santa Barbara, Santa Barbara Flood Control and Southern California Gas Company. As alleged in the complaint: "City seeks to acquire, by eminent domain, a Permanent Easement for public recreational trail purposes and an associa...
2023.11.08 Motion for Enforcement of Roadway Easement Use and Maintenance Agreement, Liquidated Damages, Attorney Fees 421
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.08
Excerpt: ...n, the motion of Plaintiff Tine F. Sloan to enforce the 2018 Roadway Easement Use And Maintenance Agreement and for liquidated damages, attorney fees, and restoration of a modified fence is denied. Background Plaintiffs Tine F. Sloan (Sloan) and Michael Corrigan (Corrigan) (collectively, Plaintiffs) filed this action against Defendant Gregg Patronyk (Patronyk) on August 20, 2019, to enforce the terms of a 2018 Amended and Restated Roadway Easemen...

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