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2023.03.24 Motion for Terminating Sanctions 272
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.03.24
Excerpt: ...dresses and to file a proof of service of the notice on or before March 30, 2023 _ Except as othen.vise herein granted: plaintiff s motion is denied. Background: On March 29, 2021 plaintiff Bridger Claims Services, LLC, filed its complaint in this matter alleging that it had in effect an automobile insurance (the policy) with its insured Erika Vargas Roman. Plaintiff made payments under the policy for the repair of property and bodily Injury cost...
2023.03.24 Demurrer 675
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.03.24
Excerpt: ...nagement ("Meridian") against defendants Guadalupe Zarate ('Zarate") and Roberto Zarate Cervantes aka Roberto Zarate related to an apartment at 450 Elluood Beach Unit 9: Goleta. The complaint is verified with the written lease: rent increase letters, a notice to vacate, and proof of service for the notice attached as exhibits The parties entered into the written month-to-month lease agreement on March 29: 2017 _ (Complaint: 6 & Exh 1.) The body o...
2023.03.24 Demurrer 357
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.03.24
Excerpt: ...intiffs' first arnended complaint (FAC)- This action seeks a comprehensive adjudication pursuant to the Groundwater Adjudication Statute (Code Civ. Proc_: 830 et seq_) to determine all rights to extract groundwater in the Santa Clara River Valley — Oxnard Groundwater Subbasin and the Pleasant Valley Groundwater Subbasin (collectively: Basins). (FAC: 3: 41.) Plaintiffs each 01vn land overlying the Basins, and each grows commercial crops that are...
2023.03.20 Motion to Quash190
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.03.20
Excerpt: ...d, Cyrus Khosh-Chashm: KVT Law Group, LLP TENTATIVE RULING: Defendant' s motion to quash plaintiff s deposition notice is denied as moot. The Court alvards sanctions in favor of plaintiff and against defendant Foodbank of Santa Barbara County' s counsel of record: the K VT Law Group: in the amount of S 12125: payable to plaintiff s counsel. Payment of sanctions is due by April 20, 2023 _ Background: This is a wrongful tennination lawsuit brought ...
2023.03.20 Motion to Compel Production of Docs, for Protective Order 319
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.03.20
Excerpt: ...r: Timothy S _ McConn: Tracy N _ LeRoy: Wynn B McCloskey: Jane Ray: Audrey Hendricks: Luke A _ Schamel, Yetter Coleman LLP; Brian E. Klein: Melissa A _ Meister, Waymaker LL P For Defendants Plains Pipeline, LP., Plains All American Pipeline, L.P., Plains GP Holdings, L.P., Plains MP, L.P., Plains American GP LLC, and PA GP LLC (case No. 18CV02504): Henry Weissmann: Daniel B _ Levin: Grant A. Davis-Denny: Robyn K. Bacon: Jeremy A. Lawrence, Colin ...
2023.03.20 Motion to Compel Answers, for Attorney Fees, for Monetary Sanctions 978
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.03.20
Excerpt: ...��' s Fees (2) Defendant Heirloom Valley: LLC's Motion For Order Compelling Plaintiff To Answer First Set Of Demand For Production Of Documents And Imposing Reasonable Expenses Including Attorney' s F ees (3) Defendant Heirloom Valley, LLC's Motion For Order Compelling Plaintiffs Further Responses To Requests For Admission: Set One: And Request For Monetary Sanctions (4) Motion To Be Relieved As Counsel ATTORNEYS: For Plaintiff Jesse Zaragoza: Se...
2023.03.20 Motion for Protective Order 077
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.03.20
Excerpt: ...ephen C. Pasarow, Karie E. Schroder, Knapp: Petersen & Clarke TENTATIVE RULING: For all reasons discussed herein: the coun denies, without prejudice: plaintiff s motion for a protective order and to quash defendants' deposition notice as moot Background: This action arises out of a motor vehicle collision that occurred at the intersection of Garden and Los Olivos Streets in Santa Barbara, California. As alleged in the complaint filed by plaintiff...
2023.03.20 Motion for Preliminary Approval of Class Action Settlement 640
Location: Santa Barbara
Judge: Beebe, Jed
Hearing Date: 2023.03.20
Excerpt: ...pt to incorporate the contents of the Memorandum of Points and Authorities into any åuture declaration. These are separate documents and should be treated accordingly. Counsel should download, read: and follow the recommendations stated in the Los Angeles County Superior Court Civil Department Checklist for Preliminary Approval of Class Action Settlements. This document outlines best practices to follow The court preliminarily appoints Mr. Reube...
2023.03.17 Motion to Remove Jane Doe Pseudonym 042
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.03.17
Excerpt: ...r to reflect plaintiff s true name. Background: This is a whistleblower retaliation and wronghal termination action. Plaintiff filed her complaint on December 4: 2020, under the pseudonym Jane Doe "in order to protect her legitimate privacy rights" and because she is "fearful of åurther retaliation by Defendants and others in the local medical community if her tme identity is revealed publicly in connection with this lawsuit" (Complaint: _ ) The...
2023.03.17 Motion to Direct Levying Officer to Seize Property 541
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.03.17
Excerpt: ...st defendant Peter Kurrels: individually and dba The Engine Company Auto Repair for breach of contract and common counts. Lund alleges that Peter Kurrels failed to make monthly payments pursuant to a promissory note signed by the parties. Coult records reflect that the default of the named defendant was entered on December 1 2020. A court judgment by default against ' 'Peter KulTels dba The Engine Company Auto Repair" in the amount of was filed o...
2023.03.17 Motion to Compel Mental Exam 536
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.03.17
Excerpt: ...a proposed order that conforms to the court: s ruling herein. Background: The c#rative pleading in this matter is the first amended complaint (FAC) filed on October 27 2022, by plaintiffs Brian Willis: Maeve Willis: and minors Enzo Willis and Mia Willis by and through their guardian ad litem_ As alleged in the FAC: on May 1 : 201 S: plaintiffs were stopped in their vehicle on US. Highway 101 at the Nojoqui grade in the County of Santa Barbara whe...
2023.03.17 Motion to Compel Arbitration 157
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.03.17
Excerpt: ... when he encountered a dangerous and unsafe walkway on the property which was unguarded causing plaintiff to fall more than 25 feet resulting in severe and permanent injuries. (Complaint: 6, 7 _ ) At the time of his injury: plaintiff was employed by Legado Compames dba JDC Management Co. ("JDC")_ LSR owns a private 158-acre ranch and corporate retreat located at 2720 Painted Cave Road in Santa Barbara. (Litwin Dec.: 3.) JDC serves as the property...
2023.03.15 Demurrer, Motion to Strike 969
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.03.15
Excerpt: ...lden State Papayas, LLC and Damien Raquinio, to Plaintiffs' complaint is sustained, with leave to amend, as to Defendant Damien Raquinio. (2) To the extent that Defendants demur to the complaint as it applies to Golden State Papayas, LLC, the demurrer is overruled. (3) Defendants Golden State Papayas, LLC and Damien Raquinio's motion to strike is denied. (4) Plaintiffs shall file and serve their first amended complaint no later than April 5, 2023...
2023.03.15 Demurrer 028
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.03.15
Excerpt: ...complaint is overruled. Defendant shall file and serve its answer to Plaintiff's complaint on or before March 27, 2023. Trial Date of 1/31/24, MSC Date of 1/12/24, the next CMC Date of 5/17/23 [to allow time for Jose Gomez and Adrian Doe to be served] and Final CMC Date of 12/6/23 are all confirmed. Background Plaintiff Rosario Duran filed her complaint in this matter on October 14, 2022, alleging three causes of action titled general negligence ...
2023.03.13 Motion to Correct Court Order Re Motion for Protective Order 287
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.03.13
Excerpt: ...aine Spath, Renee Spath, Rita Marinello, and Walnut Park Associates: Barry J. Reagan, Guillermo E. Partida, Slaughter, Reagan & Cole, LLP TENTATIVE RULING: The court grants defendants' motion. The court corrects nunc pro tunc the Minute Order dated November 7, 2022, in accordance with this ruling. Further, the court vacates the “Order on Plaintiffs' Motion For Protective Order” entered and filed on November 23, 2022, and orders the “Notice ...
2023.03.10 Motion for Summary Judgment, Adjudication 481
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.03.10
Excerpt: ...r summary adjudication is denied in its entirety. Background: (1) Allegations of Plaintiffs' Complaint As alleged in the complaint: Plaintiffs Richard Weger (Weger) and Kathleen Dagg (Dagg), as trustees of the Weger/Dagg Family Trust dated October 5, 1996, are owners of real property located at 1429 Olive Street, Santa Barbara (Plaintiffs' Property). (Complaint, ¶ 5.) Defendant Mary Alice Medina (Medina) is the owner of real property adjacent to...
2023.03.10 Demurrer, Motion to Strike 456
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.03.10
Excerpt: ... automobile versus bicyclist accident that occurred on January 3, 2021, on Highway 101, crossing the Arroyo Quemada Bridge in Santa Barbara County, California. Plaintiff Ronald Wilmot was riding his bicycle southbound on Highway 101 when he was struck by a vehicle being driven by defendant Susan McCurnin. Plaintiffs Ronald and Sandy Wilmot filed their original complaint on February 3, 2022. Thereafter, on May 19, 2022, plaintiffs filed their firs...
2023.03.08 Motion to Seal 933
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.03.08
Excerpt: ...ions of the Motion for Summary Judgment or Adjudication is granted. The unredacted confidential documents and information derived therefrom, as reflected in the redacted version of the County of Santa Barbara's filed motion for summary judgment, shall be sealed. Defendant County of Santa Barbara is directed to prepare an order pursuant to the Court's ruling that complies with California Rules of Court, rule 2.550(e). Background By way of her comp...
2023.03.06 Motion for Final Approval of Class Action Settlement 836
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.03.06
Excerpt: ...ranz, O'Hagan Meyer TENTATIVE RULING: For the reasons set forth herein, plaintiff's motion for final approval of class action settlement is granted in accordance with this ruling. Counsel shall appear at the hearing of this motion and shall be prepared to discuss any other matters remaining for the Court at this time. Background: Plaintiff Jose Aguilar's first amended complaint filed on July 23, 2021 (the FAC), alleges causes of action against de...
2023.03.03 Motions to Compel 958
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.03.03
Excerpt: ... twenty, and twenty-two. Dr. Saunders shall file and serve code compliant further responses to the request for production of documents (set one) no later than March 24, 2023. (2) The motion to compel further responses to requests for admissions (set one) is denied. (3) The motion to compel further responses to form interrogatories (set one) is denied as to interrogatories 12.1, 12.2, 12.3, 12.4, 12.5, and 12.6. The denial with respect to 12.1 is ...
2023.03.03 Motion to Compel Production of Docs 077
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.03.03
Excerpt: ...pursuant to a stipulation by the parties and with leave of court, plaintiff HERBL, Inc. (HERBL) filed its second amended complaint (SAC) in this matter. The SAC is the operative pleading. As alleged in the SAC, HERBL operates a group of distribution centers that sell legal cannabis products across the State of California. (SAC, ¶ 8.) Defendant Central Coast Agriculture, Inc. dba Raw Garden (CCA) is engaged in the cultivation, manufacturing, and ...
2023.03.03 Motion for Clarification 505
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.03.03
Excerpt: ... ruling on the waiver of objections for Request for Production Nos. 9-40; (2) the Court did not order that all responsive documents must be provided by November 18, 2022, and in fact the time for production pursuant to the responses was not in issue before the Court on those motions. To the extent that a legitimate dispute arises about the production of documents, it can be brought before the Court by means of a further motion to compel productio...
2023.03.01 Motion to Declare Lack of Jurisdiction 781
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.03.01
Excerpt: ...Law For Additional Defendants: See list RULING For all reasons stated herein, the motion of Lisa Jaquez Quiroga for an Order Declaring Lack of Jurisdiction Over Defendant Manuel Jaquez or the Estate of Manuel Jaquez is denied without prejudice. Background Plaintiffs Cabo Pulmo Partnership (the partnership), Richard Underhill, and Fernando Mejorado (collectively, Plaintiffs) filed their complaint on April 23, 2014, alleging four causes of action f...
2023.03.01 Motion for Sanctions 662
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.03.01
Excerpt: ...kground Plaintiff Grant Beall filed the original complaint in this action on April 29, 2022. Prior to service of the complaint, he filed his First Amended Complaint (FAC) on May 19, 2022. The FAC alleged causes of action on behalf of Plaintiff and a class of similarly situated persons for (1) breach of contract, (2) breach of the warranty of habitability, (3) unfair business practices, (4) declaratory relief, and (5) unfair business practices—g...
2023.02.28 Motion to Require Undertaking 925
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2023.02.28
Excerpt: ... other health hazards. He alleges that he developed a form of cancer known as multiple myeloma from his exposure to subsurface contamination while living in there. Code of Civil Procedure section 1030 provides that upon a defendant's motion, the trial court “shall” order an out-of-state plaintiff to file an undertaking to secure recoverable costs and attorney's fees if the defendant shows a reasonable possibility that it will obtain judgment ...
2023.02.27 Demurrer 932
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.02.27
Excerpt: ...iltner, Autumn S. Frye, Miltner & Menck, APC TENTATIVE RULING: The demurrer of defendants Outco Labs, Inc., and Outco Mendocino-CD LLC is sustained, without leave to amend, as to the fifth cause of action (for issuance of a preliminary injunction) and is in all other respects overruled. Defendants Outco Labs, Inc., and Outco Mendocino-CD LLC shall file and serve their answer to the first amended complaint (as it is following this ruling) on or be...
2023.02.27 Motion for Summary Judgment 735
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.02.27
Excerpt: ...s of James Howard For Defendant Brian Gooch: No appearance TENTATIVE RULING: The motion of defendant Sean Wilczak for summary judgment and adjudication is denied. Background: This is an unlawful detainer action filed by plaintiff Americana Independence, Ltd., against defendants Sean Wilczak (Wilczak) and Brian Gooch (Gooch). As alleged in plaintiff's First Amended Complaint (FAC) filed on November 3, 2022, plaintiff is the owner of premises locat...
2023.02.27 Motion for Summary Judgment 282
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.02.27
Excerpt: .... Elkort, Ajay Sood, Morgenstern Law Group TENTATIVE RULING: (1) Defendant's motion for summary adjudication is granted in part with respect to plaintiff's claim for punitive damages only. Except as otherwise herein granted, plaintiff's motion for summary adjudication or, alternatively, summary judgment, is denied. (2) Plaintiff's counsel, John Kenneth Dorwin, is ordered to appear on March 27, 2023, at 10:00 a.m. in this Department, and show caus...
2023.02.27 Motion to Require Undertaking 591
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.02.27
Excerpt: ...for defendants, cross-complainants, and cross-defendants Annette Rubin and A. Stuart Rubin Daniel E. Engel for cross-defendant Las Canoas Co. dba Construction Plumbing TENTATIVE RULING: The Court will grant the motion, and impose upon the Rubins the requirement that they post an undertaking in the amount of 1.2 times the amount of the judgment entered against them (($577,424.75 x 1.2 = $692,909.90),, in order to stay enforcement of the judgment p...
2023.02.24 Motion to Compel Deposition of PMK, for Sanctions 576
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.02.24
Excerpt: ... El Capitan Canyon, LLC, and its counsel of record Murchison & Cumming, LLP, jointly and severally, in the amount of $1,260, payable to plaintiff's counsel. Payment of sanctions is due by March 24, 2023. Background: Plaintiff Mina Kolahi's complaint filed on August 12, 2020, alleges two causes of action for negligence and premises liability against defendant El Capitan Canyon, LLC. As alleged in the complaint, on June 30, 2020, plaintiff was with...
2023.02.22 Demurrer 695
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.02.22
Excerpt: ...rst amended complaint no later than March 15, 2023. Background On January 4, 2023, Plaintiff Joseph DiBartolomeo filed his judicial council form complaint in this action asserting a single cause of action against defendant Unilab Corporation dba Quest Diagnostics, Inc. (Unilab) for breach of contract. As alleged in Plaintiff's complaint, on an unspecified date, there was a written contract wherein “[Unilab] would rent real property, and upon en...
2023.02.22 Demurrer 673
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.02.22
Excerpt: ...led as to the first, second, third, fourth, and sixth causes of action. The Demurrer to the fifth cause of action is sustained with leave to amend. Plaintiff Soul Bites Restaurants, Inc. shall file and serve its first amended complaint no later than March 15, 2023. Background On November 28, 2022, Plaintiff Soul Bites Restaurants, Inc. (“SBR”) filed its complaint in this action asserting six causes of action against Defendants Ajao Entertainm...
2023.02.22 Motion for Summary Judgment 981
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.02.22
Excerpt: ...it provides that the Motion for Summary Judgment filed on behalf of Defendant JERRY MITCHELL, M.D. is hereby granted in all respects. Background Plaintiff's complaint, filed December 21, 2021, alleges a single cause of action for medical negligence against various health care providers, including Defendant Jerry Mitchell, M.D. It alleges that Plaintiff underwent a right hip surgery on October 29, 2020, during which his right upper extremity was n...
2023.02.21 Motion for Summary Judgment 866
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2023.02.21
Excerpt: ... Plaintiff's adult daughter, Jacqueline Westerfeld, estimated they had been to the ranch approximately sixteen (16) times. Plaintiff and her family would go horseback riding every time they visited Defendant's property. Plaintiff was accompanied on the trail ride on the day of the incident by her children, Jacqueline Westerfeld, Robert (“Bobby”) Westerfeld, and her husband, Bryan Westerfeld. Plaintiff was riding a horse named “Major” at t...
2023.02.17 Motion for Summary Judgment 607
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.02.17
Excerpt: ... (Jordan). (Note: Due to common surnames and to avoid confusion, the court will refer to defendants, individually, by their first names. No disrespect is intended.) Plaintiff alleges that on June 27, 2021, plaintiff was driving his 2001 Vespa scooter at Las Positas Road and Cliff Drive in Santa Barbara, California, when Louis and Jordan's vehicle struck the scooter causing injuries and damages to plaintiff. On October 26, 2021, Louis and Jordan f...
2023.02.17 Demurrer 687
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.02.17
Excerpt: ...lly and as the conservator for Ellen P. Shurtleff (Ellen), and Ellen, as a conserved individual, alleges seven causes of action as follows: (1) breach of written contract (against defendants Sanctuary Centers of Santa Barbara, Inc. (Sanctuary), and AVA Billing & Consulting, LLC (AVA)); (2) conversion (against Sanctuary) (3) fraud (against Sanctuary, AVA, and defendants Lisa B. Moschini (Moschini), Barry R. Schoer (Schoer), and Ashton V. Abernathy...
2023.02.17 Demurrer, Motion to Strike, for Sanctions 361
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.02.17
Excerpt: ...t filed on August 26, 2022, with leave to amend in accordance with this ruling. Plaintiff shall label her amended pleading to be filed with this court as a third amended complaint. Plaintiff shall file and serve her third amended complaint on or before March 3, 2023. Plaintiff shall not file any further amended pleadings without first obtaining leave of court in accordance with this ruling. (3) For all reasons discussed herein, defendants' motion...
2023.02.17 Motion to Compel Enforcement of Settlement Agreement 421
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.02.17
Excerpt: ..., 2018, a vehicle operated by Lianna Jane Vaughn (Vaughn) was driving directly behind plaintiff, and defendant Katelyn Elizabeth Orr (Katelyn) was driving directly behind Vaughn's vehicle. (Note: Due to common surnames and to avoid confusion, the court may refer to defendants by their first names. No disrespect is intended.) Katelyn's vehicle collided with Vaughn's vehicle which, in turn, collided into the rear end of plaintiff's vehicle. Plainti...
2023.02.17 Motion to Enforce Judgment 451
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.02.17
Excerpt: ...aren (McLaren). As alleged in plaintiff's complaint filed on February 3, 2022, plaintiff rented premises located at 4591 Cathedral Oaks Road in Santa Barbara, California (the premises) to McLaren pursuant to a written lease agreement dated August 3, 2012. McLaren agreed to pay monthly rent for the premises in the amount of $450 per month, which was later increased to $525 per month. On December 19, 2021, plaintiff personally handed a copy of a 3-...
2023.02.17 Motion to Stay Proceedings 462
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.02.17
Excerpt: ... Covenants, Conditions, and Restrictions; (3) Public Nuisance; and Declaratory Relief on M. Barry Semler (Semler) and Sycamore Creek Estates, LLC (Sycamore) (collectively, “defendants”). The complaint relates to the use of real property owned by defendants on land known as Primavera Estates in Santa Barbara. Plaintiffs allege that defendants' building of a wedding facility or event venue on property that is the subject of this action constitu...
2023.02.17 Motions to Compel Further Responses 198
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.02.17
Excerpt: ...ries from defendant Linda Hong Sun Stein is granted to compel further responses to form interrogatory No. 17.1 as to request for admission No. 34, and to special interrogatories Nos. 52, 53, 54, 55, and 56. Also, with reference to the discussion herein, to the extent that Linda Hong Sun Stein's response to special interrogatory No. 11 is not now complete and accurate, a further response will also be required to that interrogatory. The motion is i...
2023.02.17 Motion for Sanctions 877
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.02.17
Excerpt: ...ca Newbatt (B Newbatt), Mitchell C. Lipkin (Lipkin), Michael J. Bellas (Bellas), Jimmie Garrett Baker, Jr. (Baker Jr.), and WesTele Utility Solutions, LLC (WesTele), asserting eight causes of action for: (1) breach of contract (against Lipkin, Bellas, and Baker Jr. only); (2) breach of the implied covenant of good faith and fair dealing (against Lipkin, Bellas, and Baker Jr. only); (3) misappropriation of trade secrets (Civ. Code, § 3426 et seq....
2023.02.10 OSC Re Sanctions, Motion for Judgment on the Pleadings 042
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.02.10
Excerpt: ...er by plaintiff. The complaint was filed on October 12, 2021, and alleged causes of action for common counts (open book account, account stated, money lent by plaintiff to defendant at defendant's request, and money paid, laid out, and expended to or for defendant at defendant's special instance and request) against defendant. The complaint alleges that the amount due to plaintiff and unpaid by defendant totals $8,054.97. Defendant answered the c...
2023.02.10 Motion to Seal, for Summary Judgment 844
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.02.10
Excerpt: ...ed. For all reasons discussed herein, defendant's motion for summary adjudication of the second, third, fifth, sixth, seventh, and eighth causes of action, and fourth cause of action for failure to prevent harassment and retaliation, alleged in plaintiff's second amended complaint, is denied. The court therefore also denies defendant's motion for summary judgment. (2) For all reasons discuss herein, defendant's motion to file exhibits under seal ...
2023.02.10 Motion to Declare Vexatious Litigant 146
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.02.10
Excerpt: ...filing requirements of Code of Civil Procedure section 391.7 as follows: 1. Plaintiff is prohibited from filing any new litigation in the courts of this state in propria persona without first obtaining leave of the presiding justice or presiding judge of the court where the litigation is proposed to be filed. Disobedience of the order by a vexatious litigant may be punished as a contempt of court. 2. The presiding justice or presiding judge shall...
2023.02.10 Motion Re Penalties and Interest 026
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.02.10
Excerpt: ...at a violation of its electricity tax ordinance by defendant Southern California Edison Company for failure to collect tax as required by law. Further proceedings are required to resolve the issue of penalties and interest as to the City of Culver City. (3) Counsel are ordered to appear at the hearing of this matter and to be prepared to discuss scheduling and all other aspects of further proceedings in this matter. Background: (1) Allegations of...
2023.02.10 Motion for Terminating Sanctions 728
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.02.10
Excerpt: ...3-15, and 17-26, and to do so on or before March 3, 2023. If Hashimoto, upon being provided with actual notice of this order (either by presence at the CMC in Case No. 18CV05728, being held concurrently with this motion, or by being provided with notice in the manner specified below), fails to comply with it, the Court will entertain a further motion for terminating or enhanced sanctions by Regents. Background: On March 26, 2021, plaintiff Ryan H...
2023.02.07 Motion for Judgment on the Pleadings 341
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2023.02.07
Excerpt: ...d the second for “illegal taking of water.” Isabella seems to acknowledge the existence of a 10-foot wide easement across its property, in which cross-defendants are dominant tenement holders. Further (according to the pleading), the easement allows access for a “water well site purposes, pumping plant and incidentals thereto,” and for “water line purposes, repairs . . . .” Isabella contends that despite this “extremely limited use ...
2023.02.06 Motion to Compel Further Responses 616
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.02.06
Excerpt: ..., M.D.: Kevin Gerry, The Law Offices of Kevin Gerry For Defendants Mikki Reilly and Fitness Transform: Matthew Olufs, Law Office of Matthew Olufs For Defendant Financial Credit Network, Inc.: Gabe P. Wright, Trevor S. Locko, Hahn Loeser & Parks LLP TENTATIVE RULING: (1) The motin of defendants Mikki Reilly and Fitness Transform's to compel plaintiff's further responses to form interrogatories, set one, is granted in part. Plaintiff shall serve a ...
2023.02.06 Motion for Attorney Fees 285
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.02.06
Excerpt: ...en M. Selna and Robert W. Selna of Selna Partners and Naomi R. Dewey and Nicole Hornick of Trusted Legal, PLC TENTATIVE RULING: The motion is granted. The court awards attorney fees in favor of Jonas Svensson against i073 and Tristan Strauss in the amount of $87,591.50. The court confirms costs on appeal of $148.50. Background: Petitioner Jonas Svensson (“Svensson”) is a current shareholder and director of respondent i073 Investments, Inc. (�...
2023.02.03 Demurrer, Motion to Strike 505
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.02.03
Excerpt: ..., Inc., shall file and serve their respective answers to plaintiff's second amended complaint on or before February 15, 2023. Background: This action was commenced on August 23, 2019, when plaintiff Remedial Construction Services, L.P. (RECON) filed its original complaint naming as defendants AECOM, Inc. and AECOM Technical Services, Inc. (AECOM Technical) (collectively, AECOM), among other defendants. RECON filed a first amended complaint on Oct...
2023.02.03 Motion for Summary Judgment 100
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.02.03
Excerpt: ...t. Subsequently, Gonzalez dismissed Blount as a defendant and substituted in Adolph Costello. Plaintiff asserts causes of action for negligence and premises liability. As alleged in the complaint, on February 13, 2021, Gonzalez was lawfully on the Costco premises and, while using the premises in a reasonably foreseeable manner, she was seriously injured when she slipped and/or fell due to spillage on the floor that created an unreasonable risk of...
2023.02.03 Motion for Leave to File Complaint in Intervention 960
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.02.03
Excerpt: ...osed plaintiff in intervention shall serve notice of this court's ruling herein and the complaint in intervention in accordance with the provisions of Code of Civil Procedure section 387, subdivision (e). Background: Plaintiff Sheny Juarez's complaint filed on May 24, 2022, alleges two causes of action for general negligence and premises liability against defendants the Contreras Corporation (Contreras) and the Alvaro Family Trust (the trust) (co...
2023.01.31 Demurrer, Motion to Strike 266
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2023.01.31
Excerpt: ... pursuant to Business and Professions Code section 7031. The court agreed to the stipulation in signed order. Defendants Christopher Hulme (Hulme) and Clearview Property Services, Inc. (Clearview) have filed a joint demurrer as to the new first cause of action based on disgorgement, claiming the first cause of action is barred by the applicable one-year statute of limitations per Code of Civil Procedure section 340, subdivision (a) [“an action ...
2023.01.30 Motion for Trial Preference 026
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.01.30
Excerpt: ...g and be prepared to discuss trial dates consistent with this ruling. Background: Plaintiff Peter Kurrels' first amended complaint (FAC) filed on July 25, 2022, is the operative pleading in this matter. As alleged in the FAC, on February 15, 2020, plaintiff entered into a written month-to-month rental agreement with defendant Rodney E. Lund (Lund) to rent the premises located at 517 Scenic Drive in Santa Barbara, California. (FAC, ¶¶ 7, 10.) Lu...
2023.01.27 Motion for Summary Judgment 555
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.01.27
Excerpt: ...c., and Tyler Development Company (Tyler). Plaintiffs filed the operative first amended complaint (FAC) on November 7, 2018, removing Rolls Scaffold & Equipment, Inc. as a defendant. Plaintiffs assert five causes of action: (1) Strict Product Liability (as to Rolls), (2) Negligence – Products Liability (as to Rolls), (3) Breach of Implied Warranties (as to Rolls), (4) Negligence (as to Tyler), and (5) Loss of Consortium (as to all defendants). ...
2023.01.27 Motion for Summary Judgment 335
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.01.27
Excerpt: ...ition in accordance with this ruling. Unless defendants appear and present evidence sufficient to demonstrate a triable issue of fact with regard to, or a complete defense to, Essex's cause of action for unlawful detainer, the court will grant Essex's motion. Background: Plaintiff Essex Management Corporation (Essex) filed this unlawful detainer action against defendants Mark A. Moore (Moore) and Kelsey Carver (Carver) on November 2, 2022. Essex ...
2023.01.27 Demurrer 432
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.01.27
Excerpt: ...ict shall file and serve its first amended cross-complaint on or before February 7, 2023. Background: (1) Allegations of Petitioners' Second Amended Petition As alleged in the petitioners' second amended petition and complaint (SAP): Petitioner and plaintiff Central Coast Water Authority (CCWA) is a joint powers authority formed by and for the benefit of its eight public agency members (CCWA Members), namely, petitioners and plaintiffs Carpinteri...
2023.01.27 Demurrer 047
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.01.27
Excerpt: ...se on December 9, 2020, for $4,000.00 per month. Prior to the expiration of the lease, it was extended through December 31, 2022, with all terms remaining unchanged. (Complaint, ¶ 6 & Exh. 1.) Kreutzer alleges that the tenancy is not subject to the Tenant Protection Act of 2019. (Complaint, ¶ 7.) On December 16, 2022, the Gardners were served with a Three-Day Notice to Quit for noncurable breach of “occupant holding over after having an emplo...
2023.01.24 Motion to Dismiss 839
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2023.01.24
Excerpt: ...Requiring Plaintiff to File an Undertaking. Procedural History Mathew Painter filed a complaint for damages based on medical malpractice on August 30, 2016.[1] Defendants answered on November 16, 2016. Trial was first set to commence on March 5, 2018. (See April 3, 2017 MO.) On January 3, 2018, the parties stipulated to continue that trial date to a date between November 2018 and January 2019 or later. The cited reason was that Mathew Painter was...
2023.01.23 Motions to Dismiss, to Quash 268
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.01.23
Excerpt: ...laintiffs' and all cross defendants' tripartite action against Quaids to Quiet Title, Slander of Title, and Declaratory Relief for having already been dismissed with prejudice. ATTORNEYS: Defendants and cross-complainants Randy Quaid and Evgenia Quaid, self-represented. James D. Hepworth of Fidelity National Law Group for moving cross- defendant Fidelity National Financial, Inc. TENTATIVE RULING: The motion by FNF to quash the Quaids' service of ...
2023.01.23 Motion for Attorney Fees, to Tax Costs 388
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.01.23
Excerpt: ... Motion of Defendants California Coastal Commission and State Coastal Conservancy to Strike or to Tax Costs (4) Motion of Plaintiffs to Strike or to Tax Costs ATTORNEYS: For Plaintiffs Tim Behunin, Trustee of the Behunin Family Trust, Carolyn Pappas, Patrick L. Connelly, individually and on behalf of the Plaintiff Classes: A. Barry Cappello, Wendy D. Welkom, Kenneth J. Melrose, Cappello & Noel LLP For Plaintiffs Hollister Ranch Owners' Associatio...
2023.01.20 Demurrer, Motion to Strike, for Sanctions 361
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.01.20
Excerpt: ... sustains defendants' demurrer to plaintiff's first amended complaint filed on August 26, 2022, with leave to amend in accordance with this ruling. Plaintiff shall label her amended pleading to be filed with this court as a third amended complaint. Plaintiff shall file and serve her third amended complaint on or before February 3, 2023. Plaintiff shall not file any further amended pleadings without first obtaining leave of court in accordance wit...
2023.01.20 Motion for Attorney Fees, to Tax Costs 388
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.01.20
Excerpt: ... Motion of Defendants California Coastal Commission and State Coastal Conservancy to Strike or to Tax Costs (4) Motion of Plaintiffs to Strike or to Tax Costs ATTORNEYS: For Plaintiffs Tim Behunin, Trustee of the Behunin Family Trust, Carolyn Pappas, Patrick L. Connelly, individually and on behalf of the Plaintiff Classes: A. Barry Cappello, Wendy D. Welkom, Kenneth J. Melrose, Cappello & Noel LLP For Plaintiffs Hollister Ranch Owners' Associatio...
2023.01.20 Motion for Attorney Fees 591
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.01.20
Excerpt: ...ll file and serve a second supplemental declaration, to this effect, no later than January 27, 2023. Defendants may file and serve an opposing brief no later than February 3, 2023. Saticoy may file and serve a reply brief no later than February 10, 2023. Background: This action was originally filed on March 25, 2019, by plaintiff Saticoy Development Company, LLC. (“Saticoy”) against Skylar L. Gauss, Skylar L. Gauss, as Trustee of the La Cumbr...
2023.01.20 Motion for Preliminary Approval of Class Action and PAGA Settlement 965
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.01.20
Excerpt: ...id Solutions, Inc. and Microdyn-Nader US, Inc. The SAC alleges causes of action for (1) violation of Business & Professions Code, section 17200, et seq., (2) failure to pay all wages, (3) failure to pay sick pay, (4) failure to provide meal breaks, (5) failure to provide rest periods, (6) inaccurate wage statements, (7) waiting time penalties, and (8) civil penalties under the Private Attorneys General Act (PAGA). Following mediation on August 25...
2023.01.17 Demurrer, Motion to Strike TAC 105
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2023.01.17
Excerpt: ...sary. Plaintiff George Primbs II, appointed as the personal representative of the Estate of Charles Primbs, has filed two survivor causes of action of action. Defendants are Novelles, Jacquelyn Quinn individually, Quinn Fiduciary Services (collectively the Quinn defendants), and Senior Planning Elder Care Services (Senior Planning). Charles Primbs[1] was a developmentally disabled adult subject to treatment under the Lanterman- Developmental Disa...
2023.01.13 Motion to Declare Vexatious Litigant 146
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.01.13
Excerpt: ...the pre-filing requirements of Code of Civil Procedure section 391.7 as follows: 1. Plaintiff is prohibited from filing any new litigation in the courts of this state in propria persona without first obtaining leave of the presiding justice or presiding judge of the court where the litigation is proposed to be filed. Disobedience of the order by a vexatious litigant may be punished as a contempt of court. 2. The presiding justice or presiding jud...
2023.01.13 Motion for Summary Judgment 335
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.01.13
Excerpt: ...ition in accordance with this ruling. Unless defendants appear and present evidence sufficient to demonstrate a triable issue of fact with regard to, or a complete defense to, Essex's cause of action for unlawful detainer, the court will grant Essex's motion. Background: Plaintiff Essex Management Corporation (Essex) filed this unlawful detainer action against defendants Mark A. Moore (Moore) and Kelsey Carver (Carver) on November 2, 2022. Essex ...
2023.01.13 Demurrers, Motions to Strike 239
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.01.13
Excerpt: ...Homes Association is sustained, with leave to amend, as to the fifth and sixth causes of action of the complaint, and is otherwise overruled. (3) For the reasons set forth herein, the demurrer of defendant Marco Del Chiaro is sustained, with leave to amend, as to the first, third, fifth, and sixth causes of action, and is otherwise overruled. (4) For the reasons set forth herein, the motion of defendants 4121 Creciente, LLC, Mark A. Lowe, and Pau...
2023.01.10 Petition to Confirm Sister's Right to Control Interment 215
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2023.01.10
Excerpt: ... was unaware of Decedent's death until she received a notice of probate in the mail approximately one year after his death. At that point, she discovered “that Kathleen had cremated Frank, in contravention of his expressed wishes as a registered organ donor and the Stark family's Jewish faith.” Kathleen died on April 19, 2022. According to the death certificate, Decedent's ashes were returned to an address in Los Olivos. Ms. Stark alleges upo...
2023.01.10 Demurrer to FAC 575
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2023.01.10
Excerpt: ...trustee of the Leigh S. Layman Trust (collectively, defendants), have filed under separate cover a demurrer and motion to strike. Defendants demur to the following causes of action: the first (breach of joint venture agreement);the second (breach of partnership agreement); the third (breach of fiduciary duty); the fourth (constructive fraud); the fifth (fraud based on intentional concealment); the sixth (fraud based on concealment); the seventh (...
2023.01.09 Motion to Dismiss Action 333
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.01.09
Excerpt: ... Spackman & Clark, LLP TENTATIVE RULING: For all reasons stated herein, the court grants defendant Cottage Health, Inc.'s motion and orders plaintiff's complaint as to Cottage Health, Inc., dismissed. Background: Plaintiff Jonathan VanLoan's (VanLoan) complaint filed on June 22, 2022, alleges causes of action for negligence, medical negligence, assault, attempted murder (medical battery), intentional infliction of emotional distress, and false im...
2023.01.09 Motion for Determination of Good Faith Settlement 882
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.01.09
Excerpt: ...ociation: Norman S. Wisnicki For Defendant Mary Berry.: Eric A. Woosley, Alexander Lambrous, Paul A. Elkort TENTATIVE RULING: The motion of defendant Mary Berry for good faith settlement determination is denied without prejudice. Background: On April 6, 2017, plaintiff Franciscan Oaks Condominium Association, Inc. (FOC) filed its complaint against defendant Mary Berry asserting causes of action for breach of convenants and nuisance (case number 1...
2023.01.06 Demurrer 438
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.01.06
Excerpt: ...laint (FAC) was filed on August 25, 2022. Pursuant to the FAC, plaintiff was injured as the result of a Segway accident that occurred on September 1, 2019, on the sidewalk near State Street and East Yanonali Street in Santa Barbara. The complaint contains one cause of action for negligence and seeks compensatory damages according to proof. Defendant filed the present demurrer on September 21, 2022, on the grounds that the complaint does not state...
2023.01.06 Motion for Approval of Settlement 148
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.01.06
Excerpt: ...is the operative pleading in this matter, alleges fifteen causes of action against defendant Stuart J. Sato DDS Inc. for (1) failure to pay minimum wage (Lab. Code, §§ 1194, 1194.2, 1197), (2) failure to pay wages (Lab. Code, §§ 204, 226.2), (3) failure to compensate non-productive time (Lab. Code, § 226.2), (4) failure to pay wages for missed rest periods (Lab. Code, §§ 226.2, 226.7), (5) failure to provide meal break before the end of th...
2023.01.06 Motion for Terminating Sanctions 113
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.01.06
Excerpt: ...n percent per annum from the date of the filing of the complaint (June 23, 2020). Counsel for plaintiff shall prepare the judgment. Background: On June 23, 2020, plaintiffs Mark Schaub and TLG Ltd. filed their original complaint in this action against defendants Andrew Wyle Waters, FCP Corporate Ltd. (FCP Corporate), and FCP Private, LLC (FCP Private). On February 2, 2021, without any response having been filed by defendants, plaintiffs filed the...
2023.01.06 Motion to Transfer 626
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.01.06
Excerpt: ...anagement purposes. Background: As alleged in plaintiff Dennis Tegard's complaint filed in this matter on April 9, 2020, plaintiff began working as a security guard for defendant The Westmont College Foundation (Westmont) at Westmont's Santa Barbara campus in November 2017. (Complaint, ¶¶ 1, 6, 13.) Defendants William Boyd and Christopher Maes were plaintiff's supervisors at Westmont. (Id. at ¶¶ 3, 4.) (Note: The court will, where appropriate...
2022.12.20 Motion for Summary Judgment, Adjudication 972
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2022.12.20
Excerpt: ...y. According to the complaint, on January 27, 2019, Violette, who was apparently close to three years old, “grabbed” an unsecured and top heavy “wooden dresser” located on defendants' property, “which tipped over and onto [Violette] and severed her index and middle fingers on her right hand.” At the time of the incident, the piece of furniture was not “anchored, secured, or safely bolted within industry standards.” According to pl...
2022.12.20 Motion for Final Approval of Class Action Settlement 801
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2022.12.20
Excerpt: ...98); (3) failure to provide meal periods (Lab. Code §§ 226.7, 512); (4) failure to authorize and permit rest breaks (Lab. Code §§ 226.7); (5) failure to timely pay final wages at termination (Lab. Code §§ 201-203); (6) failure to provide accurate itemized wage statements (Lab. Code § 226); and (7) Unfair Business Practices (Bus. & Prof. Code §§ 17200, et seq.).) Plaintiff filed a first amended complaint on November 6, 2020 and added a ca...
2022.12.20 Demurrer, Motion to Strike 628
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2022.12.20
Excerpt: ... as defendants (among others). On March 21, 2022, Brian Doyle filed a cross-complaint against Lawson Williams and Lloyd's of London, Syndicate Nos. 2623 and 623 (Lloyd's), alleging causes of action as a third- party beneficiary against Lloyd's for breach of contract and breach of the covenant of good faith and fair dealing. On May 5, 2022, Lawson Williams filed a cross-complaint against Veracity Insurance Solutions, LLC (dismissed 10/28/22), East...
2022.12.19 Motion to Quash 825
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.12.19
Excerpt: ...ENTATIVE RULING: Defendant's unopposed motion is granted. Service of the summons on defendants as set forth in the proof of publication filed on October 7, 2022, is ordered quashed. Background: As alleged in plaintiff Shawn Mehdi Moattari's complaint filed on September 24, 2021, on October 2, 2019, plaintiff was walking inside a crosswalk on Ocean Road in Isla Vista, California. On that same date, defendant Ting Guo (Ting) was driving a vehicle e...
2022.12.19 Motion to Compel, for Protective Order 319
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.12.19
Excerpt: ...B. McCloskey, Jane Ray, Audrey Hendricks, Luke A. Schamel, Yetter Coleman LLP; Brian E. Klein, Melissa A. Meister, Waymaker LLP For Defendants Plains Pipeline, L.P., Plains All American Pipeline, L.P., Plains GP Holdings, L.P., Plains AAP, L.P., Plains All American GP LLC, and PAA GP LLC (case No. 18CV02504): Henry Weissmann, Daniel B. Levin, Grant A. Davis-Denny, Robyn K. Bacon, Jeremy A. Lawrence, Colin A. Devine, Shannon Galvin Aminirad, Abe D...
2022.12.19 Demurrer 479
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.12.19
Excerpt: ...C: Adam C. Rapaport TENTATIVE RULING: The demurrer of defendants Omar Khashen, PRJKT SB, Inc., Joseph Dies, and Square Escape, LLC, to the first amended complaint of plaintiff PRJKT Concessions Inc., is overruled. Defendants shall file and serve an answer to the first amended complaint no later than January 9, 2023. Background: Plaintiff PRJKT Concessions Inc. (PRJKT Concessions) filed its original complaint on April 18, 2022, setting forth cause...
2022.12.16 Demurrer 164
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.12.16
Excerpt: ...”) against defendants Mayda Hurtado and Jorge Hurtado, Sr. (collectively “the Hurtados”). The complaint lists numerous violations of the lease agreement. On November 3, 2022, the Hurtados filed this demurrer to plaintiff's complaint on the ground that the complaint does not state facts sufficient to constitute a cause of action because the termination notice “fails to advise defendants of their right to defend the action in court” pursu...
2022.12.16 Demurrer 792
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.12.16
Excerpt: ...nst defendant Peter Singer (Singer). As alleged in the complaint, Dawn and Singer met in 2002 at an animal rights conference. (Complaint, ¶ 14.) At the time, Singer was widely known as the “Father of the modern animal rights movement” and was also the head of the ethics department at Princeton University. (Id. at ¶¶ 1, 15, 132.) Dawn was accompanied to the conference and the initial meeting with Singer by her partner of three years with wh...
2022.12.16 Motion for Protective Order 462
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.12.16
Excerpt: ...motion to stay proceedings, responses to the outstanding requests for production of documents are due no later than March 10, 2023. Objections are not waived. (3) The motion is denied with respect to a protective order for all other potential discovery which has not yet been served. (4) Sanctions are not awarded in favor of or against any party. Background: This action was commenced on April 15, 2022, by Cynthia Anderson and Sidney Anderson (coll...
2022.12.16 Motion for Summary Judgment, Adjudication 522
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.12.16
Excerpt: ...hments referenced therein. The Court, on its own Motion, takes judicial notice of the pleadings filed in this action, including the attachments to Plaintiff's verified Complaint, the Dutra Decl. filed October 6, 2022 in support of Plaintiff's prior Motion to Compel, including its attachments, and this Court's November 10, 2022 Order, pursuant to Cal. Evidence Code § 452(d). Plaintiff's Complaint alleges three causes of action (COA), all for fail...
2022.12.16 Motion to Bifurcate SACC 161
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.12.16
Excerpt: ...(b); Grappo v. Coventry Financial Corp. (1991) 235 Cal.App.3d 496, 504. The moving parties seek a court order bifurcating and ordering separate trials of the Second Amended Complaint (SAC) and the Second Amended Cross‐Complaint (SACC). Having reviewed the parties' briefing and exercising its discretion, the Court declines to do so, for the reasons stated below. First, this is not a case in which, if bifurcation were ordered, the first trial wou...
2022.12.16 Motion to Compel Arbitration and Stay Action 254
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.12.16
Excerpt: ... not party to an arbitration agreement between purchaser and Dealer, when the Dealer brings a motion to compel arbitration. The Felisilda case does not, however, address the primary issue, which is whether the nonparty automobile manufacturer itself (rather than the Dealer) may bring a motion to compel arbitration. Ford cannot bring this motion. In Felisilda, the auto Dealer moved to compel arbitration. The court granted the motion, including the...
2022.12.16 Motion to Compel Further Responses 309
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.12.16
Excerpt: ...rther Responses to Requests for Production of Document is DENIED AS MOOT and the Request for Sanctions GRANTED. By this Motion, Plaintiff Banc of America Leasing & Capital, LLC (“BALC”) sought to compel the further responses of Defendant and Cross‐ Complainant St Giab Inc. (“SG”) to a set of requests for production propounded by BALC on December 8, 2021. After the Motion was filed, SG served verified amended responses along with a privi...
2022.12.16 Motion to Contest Good Faith Settlement 946
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.12.16
Excerpt: ...ntiffs Charles A. Newman and Elizabeth F. Newman's Second Amended Complaint (SAC) filed on October 10, 2022, the operative pleading, plaintiffs' home located in Montecito, California (the property) was extensively damaged in the 2017‐2018 Thomas Fire and ensuing mud and debris flows. (SAC, ¶¶ 1, 10‐13.) The Thomas Fire and debris flows caused smoke damage to the main house at the property, and destroyed a rental guest house and an office at...
2022.12.16 Motion to Strike 725
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.12.16
Excerpt: ...endant Jacquelin Capra on September 27, 2022. (Note: Court records reflect that the correct spelling of defendant's first name appears to be “Jacqueline”.) The action relates to property located at 318 West Valerio Street, Unit #1, in Santa Barbara, California (the premises). (Complaint, ¶ 3.a.) The complaint alleges that on January 28, 2021, defendant Capra entered into a written agreement with Pini's agent to rent the premises as a month�...
2022.12.13 Motion to Dismiss 188
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2022.12.13
Excerpt: ...“Order, Decision or Award” (hereafter ODA), awarding Rivera 1) $4,046.30 in unlawful deductions; 2) $904.83 in interest; and 3) $60,549 in waiting penalties. The ODA and “Notice of Payment Due” were served by mail on September 19, 2022. As permitted by Labor Code[1] section 98.2, American Pacific filed a “Notice of Appeal” with this court on October 24, 2022. On October 26, 2022, American Pacific filed an undertaking as an appeal bond...
2022.12.12 Motion to Quash Service of Summons and Complaint 968
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.12.12
Excerpt: ...mmons and complaint, filed by Marla J. Heasley, is denied. Ms. Heasley shall file an answer to the complaint by December 19, 2022. Background: This action was commenced on October 11, 2022, by the filing of the complaint for unlawful detainer by plaintiff John Whitehurst against defendant Marla J. Heasley. The complaint alleges non-payment of rent. Plaintiff hired a process server who made three unsuccessful attempts to serve defendant with, amon...
2022.12.12 Motion to Compel Arbitration 517
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.12.12
Excerpt: ...ousineau, 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 TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiffs Santa Barbara Erudite Ventures and Cal Green Medical, LLC, to compel arbitration is denied. Background: (1) Underlying Dispute The followi...
2022.12.12 Motion for Summary Judgment 380
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.12.12
Excerpt: ...ine Mistretta: Self Represented TENTATIVE RULING: Plaintiff's motion is granted. Plaintiff shall submit a corrected judgment that conforms to the court's ruling and serve notice of this ruling on defendant at all known addresses. Background: Plaintiff American Express National Bank (American Express) filed its complaint in this matter on April 11, 2022, alleging one cause of action against defendant Catherine Mistretta (Mistretta) for common coun...
2022.12.12 Motion for Summary Judgment 359
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.12.12
Excerpt: ...eon Technologies Corporation: Vince M. Verde, Mark F. Lowell, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. For Defendant Craig Lemp: Catherine J. Swysen, Sanger Swysen & Dunkle TENTATIVE RULING: For the reasons set forth herein, the motion of defendants Raytheon Company and Raytheon Technologies Corporation for summary judgment or alternatively for summary adjudication is denied in its entirety. Background: On March 13, 2020, plaintiff Marcus G...
2022.12.12 Motion for Attorney Fees 591
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.12.12
Excerpt: ...Los Canoas Co. dba Construction Plumbing: Daniel E. Engel TENTATIVE RULING: For the reasons set forth below, the Motion of McCoy Electric Corporation's for Attorney Fees is granted. The court awards attorney fees in favor of McCoy Electric Company and against Annette Rubin and A. Stuart Rubin, jointly and severally, in the amount of $63,780.00. Background: This action arises out of a remodeling project at residential property located at 4347 Mari...
2022.12.12 Demurrer 320
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.12.12
Excerpt: ... and Cascade Funding Mortgage Trust-HB8 Melissa Robbins Coutts / Crystal R. Davieau of McCarthy & Holthus, LLP for defendant Quality Loan Service Corporation TENTATIVE RULING: The demurrer is sustained, with leave to amend, on the ground that Mr. Eggli has no standing to directly assert claims possessed by Christine Nyun-Han. Plaintiff Nyun-Han is granted leave to file a First Amended Complaint on or before February 6, 2023. Any such First Amende...

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