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2316 Results

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2019.10.16 Demurrer 939
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.10.16
Excerpt: ...lo Street, Santa Barbara, where XHR operates a hotel business known, among other names, as the “Kimpton Canary Santa Barbara.” (Complaint, ¶ 2.) Collectively the real property, personal property, and intangible rights and assets are referred to herein as the “Hotel Assets.” XHR purchased the Hotel Assets on July 22, 2015, for $80 million. (Complaint, ¶ 5.) The purchase of the Hotel Assets included an assignment to XHR of a management ag...
2019.10.11 Motion for Attorney Fees 820
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.10.11
Excerpt: ...nst plaintiff Kent Beall in the amount of $877.50. Background: On August 3, 2018, plaintiffs Grant Beall and Kent Beall filed their original class action complaint in this action. On September 17, 2018, without defendant having filed any response, plaintiffs filed their first amended complaint (FAC). The FAC asserted nine causes of action: (1) violation of Civil Code section 1950.5, subdivision (f)(1)—failure to disclose right of storage and fa...
2019.10.11 Motion for Approval of Class Action Settlement 838
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.10.11
Excerpt: ...the Court has had a number of concerns regarding the settlement which was entered by the parties, and the provisions it made for notification of the class. In response to its initial request for further information, the parties prevented further information, and entered into an Amendment to the Settlement Agreement, to address the Court's concerns. While information and Amendment addressed most of the Court's earlier-expressed concerns, there wer...
2019.10.11 Motion to Quash Service of Summons 260
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.10.11
Excerpt: ...n 2013, respondent Los Meganos Homeowners' Association (“Los Meganos”) foreclosed on the condominium for nonpayment of assessment fees. That foreclosure gave rise to several lawsuits that were eventually consolidated under Santa Barbara County Superior Court Case No. 1415519, DLG Family Limited Partnership v. Los Meganos Homeowners Association. In August 2016, a global settlement of the litigation was reached at the mandatory settlement confe...
2019.10.1 Motion to Compel Further Responses 413
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.10.1
Excerpt: ... Compel Further Responses to Special Interrogatories (Set One); Request for Sanctions Defendant County of Santa Barbara's motion to Compel Further Responses to Inspection Demand (Set One); Request for Sanctions Attorneys: For Plaintiff: Craig S. Granet (Fell, Marking, et al.) For Defendant: Lina Somait, Deputy County Counsel Ruling: 1. The Court grants, in part, defendant County of Santa Barbara's Motion to Compel Further Responses to Form Interr...
2019.1.30 Motion to Vacate Renewal of Judgment 957
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.1.30
Excerpt: ... $32,183.87, including the original judgment and accrued interest. Delgado filed a motion for an order vacating the renewal of judgment on the ground that the debt was discharged in the U.S. Bankruptcy Court on May 29, 2012, Case No. 9:12-bk-10616-PC. Varela opposes the motion. Varela argues that he did not receive notice of the bankruptcy and that he may still pursue the judgment due to the filing of a judgment lien prior to the bankruptcy petit...
2019.1.30 Motion to Compel Production of Non-Privileged Document 536
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.1.30
Excerpt: .... Defendant Santa Barbara Unified School District shall serve its further response on or before February 14, 2019. Background: In his petition and complaint, petitioner Edward Behrens seeks a writ of mandate and damages related to his demotion by respondent Santa Barbara Unified School District (SBUSD) from his position as a high school principal. This motion presents two distinct issues (which properly should not have been combined into a single...
2019.1.30 Motion to Compel Deposition of Person Most Knowledgeable 050
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.1.30
Excerpt: ... the valuation of commercial real property for tax purposes. Petitioner Joseph E. Holland (“Holland”) is the Assessor for the County of Santa Barbara. Respondent The Pictsweet Company (“Pictsweet”) is a frozen food processing company with a plant in Santa Maria. The Santa Maria plant was built in 1978 and its base year for property tax purposes under Proposition 13 was established at that time. As originally constructed, the plant include...
2019.1.30 Motion for Protective Order 938
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.1.30
Excerpt: ...the Superior Court. Background: On February 23, 2018, plaintiffs Linea Polk and Shannon Morgan Polk commenced this action against defendant David Gerrity, individually and as trustee of the David W. Gerrity Revocable Trust. (Plaintiffs also named Janette Van Hirtum as a defendant but have since dismissed the complaint as to her.) Plaintiffs are tenants of property at 512 E. Victoria Street in Santa Barbara and defendant is their landlord. Plainti...
2019.1.29 Petition for Compromise of Minor 731
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.1.29
Excerpt: ...Dao RULING: The petition for approval of the compromise of the claims made by minor plaintiff Jared Richards will be approved. No appearance by petitioner or the minor at the hearing is required. The Court notes, however, that the claims of minor plaintiff Jake Richards have not been addressed, and the Court will require further information about those claims, possibly to include the submission of a petition for approval of the compromise of his ...
2019.1.29 Demurrer 406
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.1.29
Excerpt: ...nd amended complaint of plaintiff Smartvest Group, LLC, is overruled. Defendants shall file and serve their answer to the second amended complaint on or before February 13, 2019. Background: In its second amended complaint (SAC), plaintiff Smartvest Group, LLC, (Smartvest) alleges: On December 3, 2013, Smartvest entered into a Consulting Agreement with San Diego Personnel & Employment Agency, Inc. (SDP), under which Smartvest, through its designe...
2019.1.29 Demurrer 011
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2019.1.29
Excerpt: ...7, plaintiff submitted a request for loan modification, which she alleges was never acted upon. On January 5, 2018, a Notice of Default was recorded on behalf of US Bank. On June 13, 2018, plaintiff filed a complaint and an ex parte application for temporary restraining order enjoining the sale of the property. The complaint alleged causes of action for violations of the Truth in Lending Act and the Homeowner's Bill of Rights Act against US Bank,...
2019.1.28 Demurrer 526
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.1.28
Excerpt: ...nant West Coast Private Investments, LLC Frederic T. Tanner / Steven A. Garcia of Nelson Griffin LLP for cross- defendant Laurence J. Bloom TENTATIVE RULING: The demurrer is ordered off calendar, based upon cross-defendant's failure to comply with the mandatory pre-demurrer requirements set forth in Code of Civil Procedure section 430.41. Cross-defendant is ordered to answer the cross- complaint no later than February 8, 2019. Background: This is...
2019.1.28 Petition for Release of Property from Lien 792
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.1.28
Excerpt: ...Respondent Carrillo Builders, Inc.: No appearance TENTATIVE RULING: The petition for release of property from mechanic's lien is granted. DISCUSSION: On December 11, 2018, petitioner Nicole Ybarra filed a verified petition for an order releasing her real property located at 2426 Las Positas Road in Santa Barbara from a mechanic's lien. (Petition, filed Dec. 11, 2018, ¶ 1.) Respondent Carrillo Builders, Inc., recorded a mechanic's lien claim on M...
2019.1.28 Motion to Compel Appearance for Examination, to Disqualify Counsel 628
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.1.28
Excerpt: ...w Dubovoy Andrew C. Hubert of Thompson Coe & O'Meara, LLP for defendants Timothy Pryko and Kyryll Dubovoy TENTATIVE RULING: The motion to compel is granted, as outlined below. Plaintiff's opposition request for sanctions is denied. Background: This action arises from a single vehicle accident which occurred on June 25, 2015, on the northbound U.S. 101, within Los Angeles County. At the time of the accident, plaintiff Andrew Dubovoy was a passenge...
2019.1.28 Motion to Compel Deposition of Person Most Qualified, for Production of Docs, for Sanctions 122
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.1.28
Excerpt: ... and Production of Documents and Request for Sanctions; (2) Motion to Compel Deposition of Person Most Qualified in City Attorney's Office Regarding Sidewalk-Related Personal Injury Lawsuits and Production of Documents and Request for Sanctions ATTORNEYS: John B. Richards for Plaintiff Muriel Godfrey Tom R. Shapiro, Assistant City Attorney, for Defendant City of Santa Barbara TENTATIVE RULING: Plaintiff's motion to compel the deposition of defend...
2019.1.25 Motion for Summary Judgment 853
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.1.25
Excerpt: ...Sanabria C. Cordova. Plaintiff alleges that it is a California nonprofit corporation doing business as Santa Barbara Green Mobile Home Park (SBGMHP). Plaintiff alleges: On September 30, 2003, defendant entered into a 12-month rental agreement for a space in SBGMHP commencing November 1, 2003. The agreement attached to the complaint as Exhibit A is signed by defendant. The signature line for “Park Management” is not signed. On September 18, 20...
2019.1.25 Motion for Sanctions 673
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.1.25
Excerpt: ...8, plaintiffs Aaron S. Holtgrewe and Erica Oxenham-Holtgrewe filed their original complaint in this action asserting two causes of action: (1) intentional trespass with damage to timber (Civ. Code, § 3346); and (2) negligent damage to property. On August 10, 2018, defendants Meridian Group Real Estate Management, Inc. (Meridian) and Jennifer A. DeSandre (collectively, demurring parties) filed their demurrer to the complaint. On September 27, 201...
2019.1.25 Motion for Protective Order 727
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.1.25
Excerpt: ...t, plaintiff Cynthia Ginn is a resident of San Diego County, California. In November 2012, plaintiff was convicted and sentenced to state prison for seven years and four months for driving under the influence. Plaintiff had previously been charged with and convicted of multiple DUI's over a period of several years. Following one of her earlier convictions in 2010, plaintiff had voluntarily enrolled in a rehabilitation program in an attempt to bec...
2018.8.8 Motion to Set Aside Default 749
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2018.8.8
Excerpt: ...t awards attorney fees and costs in favor of plaintiff Jacqueline Misho and against attorney David Friedman and Friedman & Friedman in the amount of $511.00, to be paid to counsel for plaintiff on or before August 24, 2018. Background: On April 6, 2018, plaintiff Jacqueline Misho dba Misho Law Group (Misho) filed her complaint in this action against defendants Catherine Ann (“Cat”) Cora (Cora) and Cat Cora, Inc. (CCI). Proof of service on bot...
2018.8.8 Motion for Summary Judgment, Adjudication 141
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2018.8.8
Excerpt: ...t against defendant Unico American Corporation for aiding and abetting tortious conduct and denies the motion in all other respects. 2. The court denies defendants Crusader Insurance Company and Unico American Corporation's motion for sanctions. Background and Second Amended Complaint (“SAC”): This action arises from a fire which occurred on July 7, 2011, at plaintiff David Gerrity's property. At the time, plaintiff's property was covered by ...
2018.8.7 Motion to Enforce Settlement 467
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2018.8.7
Excerpt: ...fter February 27, 2015, owing $1,433.60. Arganda was served with the summons and complaint on April 20, 2017, by substituted service. Before an answer was filed, plaintiff filed a “Notice of Settlement of Entire Case” on July 13, 2017. The complaint has not been voluntary withdrawn or dismissed (and thus remains operative). On June 27, 2018, plaintiff filed a notice of motion and motion to enter judgment pursuant to Code of Civil Procedure se...
2018.8.7 Motion to Dismiss 758
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.8.7
Excerpt: ...eclaratory relief, peremptory writ of mandate, alternative writ of mandate, and injunction. On December 14, 2016, Doe filed a first amended petition and complaint (“FAP”), adding a cause of action for administrative mandamus. Doe named the University of California, Santa Barbara (“UCSB”), and the Regents of the University of California (“Regents”) as respondents/defendants. Doe challenged his August 30, 2016, interim suspension by UCS...
2018.8.7 Motion for Summary Judgment 029
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.8.7
Excerpt: ...n, Barbara A. Carroll, Clinkenbeard, Ramsey, Spackman & Clark, LLP For Defendants Santa Barbara County Sheriff's Office and Santa Barbara County Clinic: R. Chris Kroes, McCarthy & Kroes Ruling: For the reasons set forth herein, hearing on the motion of defendants Santa Barbara Cottage Hospital and Goleta Valley Cottage Hospital for summary judgment is continued to October 16, 2018. Plaintiff Robert Eldon shall file and serve opposition to the mot...
2018.8.7 Motion for Judgment on the Pleadings 755
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2018.8.7
Excerpt: ...nd presently owes $6,001.45, plus costs and fees. A 13-page customer agreement is attached to the complaint. On February 22, 2018, defendant filed an answer on standard Judicial Council forms. She did not provide a general denial or any affirmative defenses. Instead, under the item 3(b), she checked the following box: “Defendant admits that all of the statements of the complaint . . . are true EXCEPT:” She identifies nothing false in plaintif...

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