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2294 Results

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2018.7.20 Motion for Leave to File Complaint 875
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.7.20
Excerpt: ...e July 27, 2018. Defendants shall file and serve their response to the first amended complaint on or before August 6, 2018. Background: Plaintiffs Joanne G. Ward and Alla Ratynets, trustees of the J&J Investment Trust filed their original complaint in this action on June 28, 2017, asserting seven causes of action against defendants Tower Industries, Inc., (Tower) and Tom Stull. The claims arise out of allegations that hazardous substances were le...
2018.7.20 Minor's Compromise 921
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.7.20
Excerpt: ... been filed or when such verification will be filed. Background: On September 1, 2017, plaintiffs Kristy Oakley, individually and as guardian ad litem for minor plaintiff Emily Oakely, filed their complaint in this action against defendant Margaret Dent. The complaint in this action arises out of an automobile accident occurring on December 8, 2015, in which the vehicle occupied by Kristy Oakley and Emily Oakley was struck by defendant's vehicle ...
2018.7.20 Demurrer 752
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.7.20
Excerpt: ...ment (HUD) acquired ownership of residential property located at 7255 Alameda Avenue, Goleta, CA, in a foreclosure sale. The deed noting that acquisition was recorded on September 14, 2017. On February 27, 2018, HUD served a 3-day Notice to Quit and Surrender Possession and a Notice to Renters on the occupants of the property. When the occupants did not vacate the property, an unlawful detainer action was filed on March 9, 2018 (Case No. 18CV0121...
2018.7.20 Motion for Approval of Settlement, to Quash 531
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.7.20
Excerpt: ...ocuments pertaining to Ms. Saavedra. The documents produced shall be subject to an “attorney eyes-only” protective order. Counsel for plaintiff shall prepare an order reflecting this ruling, including the protective order, and submit it to counsel for defendant. The court fully expects the parties to agree to the terms of the order. The court denies the requests for monetary sanctions. The court grants defendant's application to file the conf...
2018.7.18 Petition for Forfeiture 820
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2018.7.18
Excerpt: ...nta Barbara Sheriff's Department on May 13, 2017, at Motel 6, 4200 Via Real, Carpinteria, California. Plaintiff contends that the money was used to facilitate the manufacture and/or sale of a controlled substance or was exchanged or intended to be exchanged for a controlled substance. The money formerly belonged to claimant Jose Manuel Escamilla. On June 9, 2017, Escamilla was charged by criminal complaint with possession for sale of a controlled...
2018.7.18 Demurrer, Motion to Strike 508
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2018.7.18
Excerpt: ...es in plaintiff Jian Chen's second amended complaint without leave to amend. Background: Plaintiff Jian Chen filed her original complaint in this action on August 9, 2017. The original complaint alleged only one named defendant, Automobile Club of Southern California (Auto Club). With Auto Club's demurrer pending, Chen filed a first amended complaint naming as a defendant “Interinsurance Exchange of the Automobile Club/Automobile Club of Southe...
2018.7.17 Motion for Leave to File Complaint 061
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.7.17
Excerpt: ..., will be deemed filed as of July 17, 2018. Roxanne Doree shall serve the cross- defendants no later than July 27, 2018. Background This action arises out of an incident on April 11, 2017, in Santa Barbara, when an unleashed dog allegedly ran from defendant Roxanne Doree's property and entered the roadway directly into plaintiff Kirk Martin's path while he was riding a motor scooter. Plaintiff Kirk Martin sues for negligence and plaintiff Randee ...
2018.7.17 Motion for Change of Venue 260
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2018.7.17
Excerpt: ..., venue is proper here because defendant's last known address was in Lompoc. A summons was issued on July 27, 2016, although it does not appear defendant has been served with the complaint, and defendant has not otherwise made a general appearance. On June 4, 2018, plaintiff Absolute filed the present motion for change of venue, pursuant to Code of Civil Procedure section 395. Plaintiff asks the court to transfer the matter to the San Luis Obispo...
2018.7.17 Minor's Compromise 239
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.7.17
Excerpt: ...n all respects, which will then be executed by the Court. ANALYSIS: The Court has reviewed the proposed order submitted with the petition. The proposed order is incomplete, in that it fails, at ¶ 7.c.(1)(a) to specify the payee for the payment of the attorneys' fees and costs. Petitioner is requested to prepare and submit an order that is complete in all respects. At that time, the Court will execute and file the order. ...
2018.7.17 Motion to Compel Property Inspection 630
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2018.7.17
Excerpt: ...nce, slander of title, unfair competition, and intentional interference with prospective economic advantage). The ensuing weeks will see the following motions on calendar: 1) on July 24, 2018, a demurrer by defendants as to the seventh cause of action; 2) on July 31, 2018, a motion to quash a subpoena filed by plaintiffs; 3) on August 14, 2018, two summary judgment/adjudication motions filed by defendants; and 4) a jury trial scheduled for Septem...
2018.7.17 Petition to Approve Compromise of Person with Disability 980
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.7.17
Excerpt: ... McAndrews, Kjar, Warford & Stockalper for defendant Jeffrey Fried, M.D. William Clinkenbeard of Clinkenbeard, Ramsey, Spackman & Clark LLP for defendant Santa Barbara Cottage Hospital RULING: The petition is granted. Neither plaintiff nor his guardian ad litem need appear at the hearing. Background: This medical malpractice action, filed on July 6, 2017, alleges that plaintiff Ryan Burks was negligently treated for various conditions by the UCSB...
2018.7.16 Motion to Strike 178
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2018.7.16
Excerpt: ...nathan J. Boustani, Barnes & Thornburg LLP; K. Andrew Kent, Rincon Venture Law Group For Defendants Westen Family Group, LLC, and Derek Westen, individually and as trustee of the Westen Family Trust U/A dated July 2, 1999: Scott B. Campbell, Rogers, Sheffield & Campbell, LLP For Defendant Peter K. Westen, individually and as trustee of the Westen 2010 Trust U/A dated July 28, 2010: R. Chris Kroes, Linda Elias-Wheelock, McCarthy & Kroes For Defend...
2018.7.16 Motion to Determine Prevailing Party 544
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2018.7.16
Excerpt: ...Self-represented Tentative Ruling: The motion of petitioner Villa Sycamore Owners' Association is granted and the court awards post-arbitration attorney fees (in addition to attorney fees included in the arbitration award) in favor of petitioner Villa Sycamore Owners' Association and against respondent Jill L. Ariew in the amount of $4,408.25. Background: On March 27, 2018, petitioner Villa Sycamore Owners' Association filed its petition to confi...
2018.7.16 Motion for Leave to Amend Complaint 597
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2018.7.16
Excerpt: ...ebra S. Fischl, Effres & Associates For Defendants Santa Barbara Cottage Hospital, Cecilia Gaete (Doe 52), and Meghan Murphy (Doe 53): Maureen E. Clark, Cathy Anderson, Clinkenbeard, Ramsey, Spackman & Clark, LLP For Defendant John Park, M.D. (Doe 51): Barbara S. Kilroy, Jennifer J. Henderson, Hall, Hieatt & Connely, LLP Tentative Ruling: The motion of plaintiffs for leave to file a first amended complaint is granted in part and denied in part. T...
2018.7.13 OSC Re Contempt 053
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.7.13
Excerpt: ...olation of the court's Judgment Granting Petition for Writ of Administrative Mandate and make such orders as are necessary for complete enforcement of the writ. The court sets a hearing on the order to show cause for August 10, 2018, at 9:30 a.m. Respondent shall file and serve a return to this order to show cause on or before July 27 and petitioner may file and serve a response on or before August 3, 2018. The court encourages both parties to ad...
2018.7.13 Motion to Compel Supplement Special Interrogatory 198
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.7.13
Excerpt: ... and Wash, Inc., if the documents have not already been produced, is granted as set forth herein. Plaintiff's request for a supplemental privilege log is denied. Plaintiff's request for monetary sanctions is denied. BACKGROUND: This case concerns a business dispute. Plaintiff Windsor Capital Group, Inc. (“Windsor”) is a real estate investment company with its principal place of business in Santa Barbara, California. Patrick Nesbitt is the fou...
2018.7.13 Motion for Good Faith Settlement 914
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.7.13
Excerpt: ...irst Amended Complaint (FAC) on October 21, 2016. The FAC seeks damages of $159,486.43 against Chamness for various breaches of contract, including (1) failure to pay annual base rent increases, (2) failure to repair damage to the leasehold premises, including damage to the parking lot surface and sub-surface through use of heavy trucks and machinery; damage to the electrical system, in the form of the failure to restore the 200 Amp electrical pa...
2018.7.13 Application to Appear Pro Hac Vice, Demurrer 618
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.7.13
Excerpt: ...Code, § 1750, et seq.); (2) violation of the California False Advertising Law (Bus. & Prof. Code, § 17500, et seq.); and (3) violation of the California Unfair Competition Law (Bus. & Prof. code, § 17200, et seq.) Plaintiffs allege that they each purchased a variety of salad dressing manufactured and sold by defendant Ken's Foods, Inc., based upon labels which stated that the dressings were made with olive oil. Specifically, the labels identif...
2018.7.11 Motion to Set Aside Default 211
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2018.7.11
Excerpt: ...17, plaintiffs Edmanuel Mercedes Espaillat, Yanine Ninoska Sanchez Cordero, and Karina Arias Rossi were passengers in a vehicle owned by defendant Arturo Gil Ramirez and driven by Ramirez's son, defendant Jose Martin Del Campo Gil, when the vehicle crashed on Gibraltar Road in Santa Barbara. On January 16, 2018, plaintiffs filed their original complaint for negligence and motor vehicle liability. Defendant Ramirez was personally served with the s...
2018.7.11 Motion to Compel Further Responses 774
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2018.7.11
Excerpt: ...'s former employment as Ranch Manager of property located at 2377 Refugio Road, Goleta. Plaintiffs are Michael Kong and Ninas y Vinas del Mar, LLC. MSC is scheduled for October 5 and trial confirmation for November 7, 2018. On March 14, 2018, plaintiff Kong served defendant with form interrogatories (“FI”) and requests for production of documents (“RFP”), set one. On April 27, 2018, defendant provided responses to the discovery. Plaintiff...
2018.7.11 Motion to Compel Further Responses 257
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2018.7.11
Excerpt: ...Rebecca McLean and proof of payment of the required fee to the State Bar of California is not filed with the court on or before July 10, 2018, the court will rescind its minute order dated April 25, 2018, granting the application of Kell C. Mercer to appear as counsel pro hac vice. Background: Plaintiff Jack Jevne filed his complaint against defendants Kevin Charles Boyle, Rebecca McLean, and Peter George Bertling. Jevne alleges that he loaned Bo...
2018.7.11 Motion to Compel Compliance 090
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2018.7.11
Excerpt: ... $433.50, to be paid within ten days of the date of this order. BACKGROUND: This action arises out of a three-vehicle, rear-end accident that occurred at approximately 6:00 p.m. on February 27, 2017, on the southbound 101 freeway in Santa Barbara where the Los Positas on-ramp merges with the southbound traffic. Plaintiff Josefina Martinez was traveling at approximately 35 miles per hour in the number 3 lane (the lane farthest to the right) and wa...
2018.7.11 Demurrer, Motion to Strike 147
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2018.7.11
Excerpt: ...: On April 27, 2018, plaintiff Tarek Suleimanagich filed his complaint against defendant Cherie Brenner for legal malpractice and unjust enrichment in the Los Angeles Superior Court. On Brenner's motion, the Los Angeles court transferred the case to this court. Suleimanagich alleges: Suleimanagich retained Brenner, a licensed California attorney, to represent him in a pending Santa Barbara Superior Court case (No. 1187545) pertaining to family la...
2018.7.2 Motion for Summary Adjudication 780
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.7.2
Excerpt: ... adjudication are ordered continued to July 24, 2018, at 9:30 a.m., in this Department for failure to comply with the court rules regarding the format of e-filed documents, specifically exhibits. Each side shall file and serve their properly formatted exhibit lists on or before July 6, 2018. The briefing schedule for the two motions shall remain as set forth in the Court's June 1, 2018 order. Analysis This case concerns an insurance dispute over ...
2018.7.2 Motion Re Discovery Referee's Recommendations, for Summary Judgment, Adjudication 178
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2018.7.2
Excerpt: ...mily Group, LLC to Further Resond to Plaintiffs' Production Demand Set 5, Number 7, and Motion for an Order that Westen Family Group, LLC pay the Entire Referee's Fee Motion for Summary Judgment or, in the Alternative, Summary Adjudication Attorneys: For Plaintiffs: Paul J. Laurin, et al. (Barnes & Thornburg – Los Angeles); K. Andrew Kent (Rincon Venture Law Group – Westlake Village) For Defendants Westen Family Group and Derek Westen.: Scott...

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