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2022.06.10 Demurrer 027
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.06.10

Excerpt: ...s and Kathleen M. Copus, individually and as Trustees of the Copus Family Trust (“Copus Defendants”), on February 4, 2022. The FAC alleges fourteen causes of action against the Copus Defendants for (1) failure to pay wages; (2) rest period violations, (3) failure to reimburse work-related expenses, (4) violations of California Labor Code section 226, (5) unfair competition/violation of Business and Professions Code section 17200, (6) willful ...

2022.06.08 Motion to Quash Service of Process 890
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.06.08

Excerpt: ...hen plaintiff was injured when loosely-stacked railroad ties tumbled down, knocking plaintiff to the ground and causing her injuries. The property on which the incident occurred was located at 285 Sherwood Drive, Santa Barbara, CA, which consists of three separate residential units, a 4-bedroom unit, a 2-bedroom unit, and a studio unit over a 2-car garage. The studio unit is legally a part of this property, but has a separate postal address of 29...

2022.06.08 Motion to Limit Deposition Subpoena for Production 542
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.06.08

Excerpt: [email protected]; johnn yru n @victims.ca.gov HEARING Motion of Defendant Justin Sell to Quash Deposition Subpoena. RULING As set forth herein, the motion of defendant Justin Sell to limit the business records depos i business records of the California Victim Compensation Board for which the custodian of records relatin g to criminal conduct (alle ged or otherwise) between Justin Sell and an y un d disclosed except as required in connection with t...

2022.06.08 Motion to Compel Further Responses, for Leave to File FAC 306
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.06.08

Excerpt: ...any, LLC, Mediscore, LLC, Todd Kaplan, Jeff Silver, Bill Sutman, and Smoke Wallin: Elyse S. Kaplan Emails: [email protected];[email protected];[email protected] MATTERS Plaintiffs' Motion For Leave To File First Amended Complaint; and Plaintiffs' Motion To Compel Further Responses To Request For Production, Set Two, and for Monetary Sanctions. RULING (1) Plaintiffs' motion for leave to file a first amended complaint is granted. Plaintiffs ...

2022.06.07 Motion for PAGA Settlement 173
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2022.06.07

Excerpt: ...esentative class. Plaintiff's counsel, Mr. Escobedo, describes the overall value of the lawsuit as one involving “seven figure[s] [in] civil penalties”; he also describes the value as one involving “approximately 60,000 pay period/work weeks during the relevant statutory period, with the maximum PAGA penalties in the tens of millions of dollars.” Which is it? No other figures are provided. This is contradictory and therefore inadequate. A...

2022.06.07 Demurrer to FAA 365
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2022.06.07

Excerpt: ...efendant) under the FEHA; (6) quid pro quo sexual harassment; (7) failure to prevent discrimination and harassment; (8) intentional infliction of emotional distress; (9) negligence. Defendants Good Samaritan Shelter and Frank Souza filed an answer on April 20, 2022 and an amended answer on April 29, 2022, in which they assert seventy (70) affirmative defenses. On May 11, 2022, plaintiff filed a demurrer to the first amended answer, asserting that...

2022.06.06 Motion to Dismiss 607
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.06.06

Excerpt: ...essive Casualty Insurance Company) for defendant Madison Nicholas TENTATIVE RULING: The motion is granted; the action is ordered dismissed. Background: This action arises from an automobile accident which occurred on March 27, 2017. Plaintiff filed her complaint on March 26, 2019. When there were no appearances for multiple Case Management Conferences, the Court dismissed the case without prejudice on December 23, 2019. One day short of 6 months ...

2022.06.06 Motion for Summary Judgment 725
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.06.06

Excerpt: ...IVE RULING: The motion is granted. Background: This is a collections action, which arose from credit extended by plaintiff to defendant on a credit account. The complaint was filed on December 2, 2021, and alleges causes of action for common counts (open book account, account stated, goods sold, and credit extended), and seeks damages of $10,432.09, as the amount due and unpaid. Defendant Francisco de Las Heras answered the complaint on December ...

2022.06.06 Motion for Summary Adjudication 718
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.06.06

Excerpt: ...Wright LLP For Defendants Dario L. Pini, D.L.P. Properties, Dario L. Pini, trustee of the Dario L. Pini Trust dated March 2, 2015, Nonnie Investments, LLC, 104 Las Aguajes, LLC, Alamar II, LLC, and Alamar III, LLC: Paul R. Burns, Solange D. Sanhueza, Law Offices of Paul R. Burns, P.C. For Defendant JPMorgan Chase Bank, N.A.: John M. Sorich, Matthew S. Henderson, Parker Ibrahim & Berg LLP For Defendant Colony American Finance 2015-1 LTD: David M. ...

2022.06.03 Motion for Summary Adjudication 718
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.06.03

2022.06.03 Motion for Summary Judgment 850
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.06.03

Excerpt: ...t on or about October 30, 2016, and which defendant used. Plaintiff's complaint, filed October 31, 2019, alleges that defendant breached the agreement on or about April 4, 2019, by failing to remit any further payments on the credit card account. The complaint alleges causes of action for breach of contract and common counts (money lent, money paid, open book account, and account stated), and seeks damages of $6,160.67, and attorneys' fees. The c...

2022.06.03 Motion to Enforce Settlement 450
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.06.03

Excerpt: ...n and proposed order to approve a settlement agreement. A copy of the settlement agreement was attached to the stipulation as Exhibit A. On the same date, the Court entered its order approving the settlement agreement and retaining jurisdiction to enforce its terms pursuant to Code of Civil Procedure section 664.6. Under the terms of the settlement agreement, defendant Mark Romasanta agreed to continue to administer decedent's estate. Robert Tray...

2022.06.03 Motions for Judgment on the Pleadings 939
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.06.03

Excerpt: .... Hilf Company LLC (“Hilf LLC”) and Peter F. Hilf (“Hilf”) filed a complaint for money damages and injunctive relief, alleging eight causes of action for (1) intentional trespass to timber, (2) negligent trespass to timber, (3) intentional trespass, (4) negligent trespass, (5) negligence, (6) conversion, (7) trespass to chattels, and (8) elder financial abuse. As alleged in the complaint, on March 14, 1989, Hilf acquired a fee simple inte...

2022.06.03 Petition for Approval of Compromise of Claim 119
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.06.03

Excerpt: ...this action. As alleged in the complaint, on March 31, 2017, plaintiff Stephen Duneier was a patient under the care of William C. Koonce, M.D. (as well as other named but now dismissed defendants) when he suffered injury and damages due to the negligence of defendants through their diagnosis, treatment and care. (For purposes of this ruling, and for ease of reference, and not out of disrespect to plaintiffs, plaintiff Stephen Duneier will be refe...

2022.05.31 Demurrer 118
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2022.05.31

Excerpt: ... theories), and one count of negligent hiring. On March 8, 2022, in a detailed order, the court sustained Jacquelin Lucas's demurrer to the first cause of action for intentional infliction of emotional distress, without leave to amend. Ms. Lucas in her demurrer challenged only the first cause of action only; no other defendant filed a demurrer. The court additionally granted Ms. Lucas's request to strike all references to punitive damages and att...

2022.05.27 Motion to Vacate Dismissal and Enter Judgment 558
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.05.27

Excerpt: ...mmon Counts: Book Account, Account Stated and (2) Quantum Meruit – Reasonable Value, against defendants Derek P Sieber, aka Derek Paul Sieber, aka Derek Sieber, an individual (“Sieber”) and California Trike Company, LLC (“Trike”) seeking to recover the amount of $8,742.48 as a balance due from Sieber and Trike in connection with a credit card issued to Sieber. On June 9, 2020, a stipulation for conditional entry of judgment was filed pu...

2022.05.27 Motion to Compel Further Responses 153
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.05.27

Excerpt: ...two, request Nos. 11 and 16, on or before June 13, 2022. Background: In its operative pleading, the first amended complaint (FAC), plaintiff DAIVID Pty Ltd. (DAIVID) asserts six causes of action against defendant Deep AI, Inc. (Deep AI): (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; (3) promissory estoppel; (4) misrepresentation; (5) conversion; and (6) trespass to chattels. The complaint arises from allegatio...

2022.05.27 Motion to Compel Further Responses 113
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.05.27

Excerpt: ...rivilege, on or before June 13, 2022. As to any information or document withheld on the grounds of privilege, FCP Corporate Ltd. shall concurrently serve a privilege log identifying the information or document withheld and providing sufficient additional information for the court to rule on the claim of privilege. The court awards monetary sanctions in the amount of $6,500.00 in favor of plaintiff Mark Schaub and against defendant FCP Corporate L...

2022.05.27 Demurrer 736
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.05.27

Excerpt: ... property located at 3630 San Jose Lane, Santa Barbara (the Premises). (Complaint, ¶¶ 1, 3, 4.) The Premises consist of both a main house and detached guest unit. (Complaint, attachment 17.) Defendants Marshall Pagaling and Libby Holland entered into a written lease agreement to rent the Premises. (Complaint, ¶ 6 & exhibit 1.) The lease identifies Andrea Hamlett and Brian Turbey both as “Landlord.” (Complaint, exhibit 1, p. 1.) When the de...

2022.05.23 OSC Re Preliminary Injunction 905
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.05.23

Excerpt: ...Millan, and Ross McMillan John C. Eck of Griffith & Thornburgh, LLP for defendants William Braconi & Sabrina Braconi TENTATIVE RULING: For the reasons and in the manner and scope articulated below, the Court will issue the preliminary injunction, and impose a bond of $5,000, to be posted no later than June 2, 2022. Background: The MDLV Condominium Conversion Project consists of three units, located at 603 De La Vista Avenue, 607 De La Vista Avenu...

2022.05.23 Motion to Stay Partial Discovery Pending Outcome of Criminal Case 089
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.05.23

Excerpt: ... Duenas: Royce J. Borgeson, Henderson & Borgeson For Defendant Daniel Ahmadian: Jennifer M. Damon, Matthew Balmuth, Mandell, Damon & Associates, LLP TENTATIVE RULING: The Court continues the hearing on defendant's motion to July 11, 2022, pending a further meet and confer requirement and supplemental briefing in accordance with this ruling. Background: This case arises from a vehicle collision that occurred on January 13, 2019 on Highway 154 in S...

2022.05.23 Motion for Attorney Fees 285
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.05.23

Excerpt: ... Partners and Naomi R. Dewey/Nicole Hornick of Trusted Legal, PLC for respondents TENTATIVE RULING: The motion is granted, in the amount of $49,722.00. Background: Petitioner Jonas Svensson (“Svensson”) is a current shareholder and director of respondent i073 Investments, Inc. (“i073”), an investment management company that buys, manages, and sells stocks, bonds, and other securities for investors. Svensson is the former Executive Chairma...

2022.05.23 Demurrer 042
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.05.23

Excerpt: ... Lambrous, Legal Aid Foundation of Santa Barbara County For Defendant Jaime Cazares, Jr.: H. Frederick Seigenfeld, Seige Law PC TENTATIVE RULING: Defendant's demurrer is overruled. Defendant shall file an answer to plaintiff's First Amended Complaint on or before June 3, 2022. Background: On December 27, 2021, plaintiff Martin Cazares filed a verified complaint against his nephew, defendant Jaime Cazares, Jr., to quiet title, for cancellation of ...

2022.05.23 Declaration Re Financial Distress 412
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.05.23

Excerpt: ...iner against defendants Zaria Robinson and Grace Harris. The complaint alleges that plaintiff is the owner of premises located at 301 La Casa Brande Circle, Unit A, Goleta, 93117, and rented the premises to defendants pursuant to an oral agreement entered into on October 1, 2021. The complaint alleges that defendants were served with a 3-day Notice to Pay Rent or Quit. Plaintiff's Mandatory Cover Sheet and Supplement Allegations filed concurrentl...

2022.05.20 Minor's Compromise 023
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.05.20

Excerpt: ... negligence against defendants Toro Canyon Nursery, Inc. and Erick Suarez. As alleged in the FAC, on September 13, 2019, defendant Erick Suarez was driving a 1996 Ford F150 pickup truck westbound on highway 154, approximately one quarter mile east of the entrance to Cachuma Lake, in an unincorporated area of Solvang, Santa Barbara County, California, at a high rate of speed, utilizing both the westbound and eastbound lanes of travel, across doubl...

2022.05.20 Motion to Vacate 802
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.05.20

Excerpt: ...endant and tenant Shalini Jain (“Jain”). The case settled on January 19, 2022. Pursuant to the terms of the judicially supervised settlement, which the parties agreed was enforceable pursuant to Code of Civil Procedure section 664.6, Jain agreed to move out of the subject premises by February 15, 2022. Jain also agreed to remove all of her belongings, and to “[l]leave [sic] the place in as clean of condition, less wear and tear, as when she...

2022.05.20 Motion for Balance of Security Deposition, Damages 925
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.05.20

2022.05.20 Petition to Determine Fair Value of Membership Interest 597
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.05.20

Excerpt: ...porations Code section 17711.06. (Petition, p. 4.) (Note: The Petition does not number its lines and does not include pagination in violation of California Rules of Court, rules 2.108(1), (4) and 2.109.) ““If the limited liability company denies that a membership interest is a dissenting interest, or the limited liability company and a dissenting member fail to agree upon the fair market value of a dissenting interest, then the member or any ...

2022.05.16 Motion to Compel Medical Exam 048
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.05.16

Excerpt: ...ttage Health dba Santa Ynez Valley Cottage Hospital: Stephen C. Fraser, Alexander M. Watson, Daniel K. Dik, Fraser Watson & Croutch, LLP TENTATIVE RULING: (1) Defendant's motion is granted. Plaintiff shall submit to a physical examination in accordance with this ruling, on or before June 2, 2022. (2) Plaintiff's request for sanctions is denied. (3) Defendant's request for an order to show cause re sanctions is denied without prejudice. Background...

2022.05.16 Motion to Compel Further Responses, for Sanctions 909
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.05.16

Excerpt: ...iscovery and Request For Sanctions ATTORNEYS: For Plaintiff Yvonne Saldana: Elliot J. Siegel and Margaret R. Wright, King & Siegel LLP For Defendants Brown & Brown Insurance Services of California, Inc., Brown & Brown, Inc. and John Esposito: Daniel B. Chammas and Caleb Y. Lee, Ford & Harrison LLP TENTATIVE RULING: (1) Plaintiff's motion is granted in part. (2) Defendant is ordered to provide a further response to plaintiff's Form Interrogatory N...

2022.05.16 Demurrer, Motion to Strike 871
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.05.16

Excerpt: ...Nye, Stirling, Hale & Miller, LLP For Defendant Ritz-Carlton Hotel Company, LLC: Paul J. Lipman, Wesierski & Zurek, LLP TENTATIVE RULING: (1) The demurrer of defendant Ritz Carlton Hotel Company, LLC, also sued as defendant Marriott International, Inc., is sustained, with leave to amend, as to the first, third, and fourth causes of action, and is otherwise overruled. Plaintiff Kai Jolly shall file and serve her first amended complaint on or befor...

2022.05.13 Motion to Set Aside Default 970
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.05.13

Excerpt: ... D, on or before May 23, 2022. Background: On July 27, 2021, plaintiff filed a complaint alleging two causes of action for negligence and vicarious liability, arising out of a motor vehicle accident that occurred on the US-101 northbound near El Sueno Road in Santa Barbara, California. On August 5, 2021, plaintiff filed proofs of service of the summons, complaint and other required documents on defendants Celine Sophia Cardona (“Cardona”) and...

2022.05.13 Motion for Attorney Fees 560
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.05.13

Excerpt: ... Cumbre Road and Calle Real in Santa Barbara involving Roxana Hand and Gregorio Ruiz Solis. On October 29, 2020, plaintiff Berkshire Hathaway Homestate Insurance Company (Berkshire) filed lead case No. 20CV03560 against Solis asserting a subrogation claim based upon the payment of workers' compensation benefits to or on behalf of Hand arising from the accident. On November 6, 2020, plaintiff Hand filed case No. 20CV03665 against Solis asserting p...

2022.05.12 Motion for Summary Judgment 958
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.05.12

Excerpt: ...ope Engagement) Ronak Patel For Cross-Defendant Wolf Baschung: Rinat Klier-Erlich, Brian Smith, Zelms Erlich & Mack TENTATIVE RULING: The motion of cross-defendant Wolf Baschung for summary judgment as to the cross-complaint of Henry Aguila is granted. Cross- defendant Baschung is therefore entitled to judgment on the cross-complaint in his favor. Background: (1) Background Facts Henry Aguila was the president of Thee Aguila, Inc., (TAI) which ow...

2022.05.12 Demurrer, Motion to Strike 871
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.05.12

2022.05.11 Motion to Enforce Judgment, to Set Aside Judgment 855
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.05.11

Excerpt: ... Sons, LLC Motion To Set Aside Judgment By Stipulation RULING Plaintiff Teng & Sons, LLC's, motion to set aside the judgment by stipulation entered on February 16, 2022, is granted in accordance with this ruling. Defendant Fnu Boendianto's motion to enforce judgment terms is moot and ordered off calendar. Background This is an unlawful detainer proceeding that settled on December 29, 2021. Before the Court are competing motions. Defendant Fnu Boe...

2022.05.09 Demurrer 686
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.05.09

Excerpt: ...er, Pfau, Pyle & McRoy LLP For Defendants Adam Pirozzi and 4602 Via Carretas, LLC: Jasper L. Ozbirn, Ozbirn Law TENTATIVE RULING: Defendants' demurrer is sustained in part. Plaintiff shall file his amended pleading, in accordance with this ruling, on or before May 20, 2022. Background: Plaintiff's verified complaint filed on November 30, 2021 alleges three causes of action against defendant Adam Pirozzi for (1) Fraudulent Inducement (Purchase Agr...

2022.05.09 Motion for Preliminary Injunction 517
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.05.09

Excerpt: ...and Cal Green Medical, LLC: Nicole K. Howell, Daniel E. Dersham, Katherine A. Podein, Clark Howell LLP For Defendants Jeddediah Delmar Hazard and Mark Valdez Russell: Joshua E. Lynn, Elizabeth A. O'Brien, Lynn & O'Brien, LLP For Defendant City of Goleta: Megan K. Garibaldi, John M. Natalizio, Best Best & Krieger LLP TENTATIVE RULING: For the reasons set forth herein, the hearing on plaintiffs' motion for a preliminary injunction is continued to J...

2022.05.09 Motion to Add Judgment Debtors 823
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.05.09

Excerpt: ...Alan D. Condren; Bruce W. Hogan, Kingston, Martinez, & Hogan, LLP For Defendant-Judgment Debtor Superior Millwork of SB, Inc.: Robert B. Locke For Joseph Morin: Self-represented For Diana Lynn Morin: Self-represented For A&E Cabinets, LLC: No appearance TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff-judgment creditor Peoples' Self-Help Housing Corporation to add judgment debtors is granted in part and denied in part. ...

2022.05.09 Petition to Compel Arbitration 825
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.05.09

Excerpt: ... A. Albert, Walter Clark Legal Group For Defendant Interinsurance Exchange of the Automobile Club: No appearance TENTATIVE RULING: The hearing on the petition to compel arbitration is continued to June 13, 2022 in accordance with this ruling. Background: This action arises out of a motor vehicle accident that occurred on the US-101 northbound, approximately 320 feet east of San Ysidro Road. As alleged in the petition to compel arbitration filed b...

2022.05.06 Motion to Seal 077
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.05.06

Excerpt: ...s and authorities in support of CCA's application for right to attach order and writ of attachment filed on March 7, 2022 (“Memorandum”), and “limited portions” of its cross-complaint also filed on March 7, 2022. Analysis: “The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overridi...

2022.05.06 Motion to Compel Further Responses 113
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.05.06

Excerpt: ...f such fees or a notice of withdrawal of the motions for which fees are not paid. On or before May 13, 2022, plaintiff shall also file and serve notice of the continued hearing. 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 ...

2022.05.06 Motion for Final Approval of Class Action Settlement 341
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.05.06

Excerpt: ...against AVS, alleging causes of action for (1) failure to pay all overtime compensation based on the proper regular rate of pay (Labor Code sections 510, 1194, 1194.2, 1197, 1199); (2) failure to provide meal periods and/or pay meal period premiums (Labor Code sections 226.7, 512 and IWC Wage Order 1-2001); (3) failure to provide off-duty rest periods to and/or pay rest period premiums (Labor Code section 226.7 and IWC Wage Order 1-2001); (4) fai...

2022.05.06 Demurrer 693
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.05.06

Excerpt: ...May 23, 2022. Background: Plaintiff Allison Griffin alleges that, between May 2017 and August 2021, Griffin and defendant John Fly, Jr., entered into an oral contract in which Fly “promised to reimburse [Griffin] for monies spent on Defendant's property located at 4865 Aragon Drive, Carpinteria, … and for monies lent by Plaintiff to Defendant and/or spent at Defendant's request, for Defendant's iPad, health insurance premiums, mortgage paymen...

2022.05.06 Demurrer 227
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.05.06

Excerpt: ...��FAC”) filed on January 24, 2022: Plaintiff Montecito Country Club, LLC (“MCC”) owns the Montecito Club golf course located at 920 Summit Road in Santa Barbara, California (the “Montecito Club Property”). (FAC, ¶¶ 1, 11.) MCC is the owner of reserved easement created in 1977 (“Recorded Easement”) which burdens adjacent property owned by defendants Kevin C. Root and Jeannette P. Root (“Root Defendants”) located at 1059 Summit ...

2022.05.05 Motion to Add Judgment Debtors 823
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.05.05

2022.05.02 Motion to Consolidte and Stay Proceedings 042
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.05.02

Excerpt: ...Cazares, Jr.: H. Frederick Seigenfeld, Seige Law PC TENTATIVE RULING: Plaintiff's motion is granted. Case number 21CV00487 (Jaime Cazares, Jr., vs. Jaime Cazares, Sr., et al.) shall be consolidated for all purposes with this action, with Case No. 21CV05042 as Lead Case. All further documents are to be filed in Case No. 21CV05042. Case number 21CV00487 is stayed pending final disposition of the consolidated action. Background: Plaintiff Martin Caz...

2022.05.02 Motion to Add Judgment Debtors 823
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.05.02

2022.05.02 Demurrer to Unlawful Detainer Complaint 161
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.05.02

Excerpt: ...und: This is a residential unlawful detainer action, filed on January 14, 2022. The complaint alleges that defendants were tenants of property owned by plaintiffs, and located at 1216 Blanchard Street, Unit B, in Santa Barbara. It alleges further that each defendant was served with a 60-day notice of no-fault just cause termination of tenancy on November 1, 2021. The notices, attached to and incorporated into the complaint, stated the grounds for...

2022.04.27 Demurrer, Motion for Preliminary Injunction 995
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.04.27

Excerpt: ...nctions RULING (1) For the reasons set forth herein, the demurrer of defendants Lil' Wave Financial dba Open Door Lending, Gillee Sherman, and Superior Loan Servicing to the complaint of plaintiff Eileen Lazar is sustained, with leave to amend, as to the second and third causes of action, and is otherwise overruled. Lazar shall file and serve her first amended complaint on or before May 12, 2022. (2) For the reasons set forth herein, the motion o...

2022.04.27 Motion to Compel Further Responses, for Sanctions 185
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.04.27

Excerpt: ...aw Emails: [email protected]; [email protected]; lsavitt @ br gslaw.c o MATTERS (1) Plaintiff's Motion To Compel Further Responses To Requests For Production and Request F (2) Plaintiff's Motion To Compel Further Responses To Interrogatories and Request For Sancti o RULING The Court will continue the hearin g on plaintiff's motions to June 1, 2022. On or before M for the Motions to Compel Further Responses to the Requests For P...

2022.04.27 Motion to Compel Responses, for Sanctions 196
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.04.27

Excerpt: ...2 without objection. The request to impose sanctions on Fiore and its counsel of record Daman & Associates, LLC in the amount of $5,080 is GRANTED; said sanctions to be paid by 5/10/22. Analysis This Motion was advanced from 5/18/22 per ex parte order filed 4/18/22; the trial date is 6/1/22 and the MSC is 5/6/22; time is of the essence. Moving Papers Supported by the Declaration of Jared Katz and a Memorandum of Points and Authorities; summarized...

2022.04.25 Motion to Compel Further Responses 207
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.04.25

Excerpt: ...Documents (Set Two) ATTORNEYS: For Plaintiff Mayra Perez, individually and as GAL for Santiago Perez, III, a minor, and Bella S. Perez, a minor: Clark T. Stirling, Jordan T. Porter, Nye, Stirling, Hale & Miller, LLP For Defendant/Cross-Complainant/Cross-Defendant John Kenney Construction, Inc.: Scott Monroe, Sejal Patel, Messner Reeves LLP For Defendant, Cross-Complainant and Cross-Defendant Big Red Crane Company, Inc.: George Knopfler, Douglas K...

2022.04.25 Motion for Leave to File Amended Complaint 039
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.04.25

Excerpt: ...nd Chandler For Defendants Pacifica Companies, LLC, Pacifica Coast, LP, Pacifica Senior Living Management, LLC, Dorella Hospitality, Inc. and Max Combs: Erik McLain, McLain Law Firm, PC TENTATIVE RULING: The Court grants plaintiff Meister Builders, Inc.'s motion for leave to file a fourth amended complaint. Plaintiff shall file and serve its Fourth Amended Complaint, in the form attached to the Declaration of Raymond Chandler as Exhibit A, on or ...

2022.04.25 Demurrer, Motion to Strike, to Quash 946
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.04.25

Excerpt: ...Santa Barbara Unified School District to Strike Portions of Third Amended Complaint (3) Motion of Defendant Matef Harmachis to Quash Business Records Subpoena to the Commission on Teacher Credentialing (4) Motion of Defendant Santa Barbara Unified School District to Quash Business Records Subpoena to the Office of the Santa Barbara County District Attorney ATTORNEYS: For Plaintiff Jane OB Doe: Morgan A. Stewart, Saul E. Wolf, Cristina J. Nolan, M...

2022.04.22 Motion to Dismiss 955
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.04.22

Excerpt: ...: Plaintiff Roy E. Stephenson has sued numerous defendants including Desert European Motorcars, Ltd. (“DEM”) and its employees, defendants Wayne Bernstein, Shad Scheussler, Larry Py, Nora Whittaker, Frank Hickingbotham, Tiffany A. Murphy, Jerry Johnson, Gene Whisenhunt, Gary Whitaker, and Kevin I. Chapman, Porsche Cars North America, Inc. (“PNCA”) and others in connection with the purchase of a 2011 Porsche 911 Carrera S Cabriolet in Marc...

2022.04.22 Demurrer, Motion to Strike 872
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.04.22

Excerpt: ... Response Act) and third cause of action (inverse condemnation), and is overruled as to the fifth cause of action (willful misconduct). (2) For the reasons set forth herein, the motion of defendants Plains All American Pipeline, L.P., and Plains Pipeline, L.P., to strike portions of plaintiffs' third amended complaint is granted, with leave to amend, to strike (i) from paragraph 214 the semi-colon and text to the end of the sentence (“; and bec...

2022.04.21 Motion for Leave to File Amended Complaint 039
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.04.21

2022.04.20 Motion to Strike 963
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.04.20

Excerpt: ...kground This action arises out of a motor vehicle accident that occurred on May 6, 2020, at the intersection of Hollister Avenue and Los Carneros Road in Goleta, California. Plaintiff George Nicholas Rogers alleges the accident was caused by defendant Gundi Birk's negligence. On May 18, 2021, plaintiff filed a complaint alleging a single cause of action for negligence against defendant. On January 6, 2022, plaintiff filed a motion for leave to fi...

2022.04.20 Motion to Compel Further Responses 056
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.04.20

Excerpt: ...laintiff's motion to compel defendant to provide further responses to Request for Production of Documents (Set 1) and for sanctions of $2,852. RULINGS The motions are denied. Background Plaintiff Ronald Heller filed this action, in pro per, against defendant Andrew B. Mitchell on May 25, 2021, alleging a cause of action for legal malpractice related to defendant's representation of him in his divorce proceedings. Mitchell answered the complaint, ...

2022.04.20 Motion for Reclassification 696
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.04.20

Excerpt: ...iffs Tonya R. Teaney and Brandon T. Mix filed a complaint for breach of contract, fraudulent conduct and bad faith against defendants Hidden Oaks Ranch, LLC (“Hidden Oaks”), The Palm Grove, LLC (“Palm Grove”), and Dennis Hoey (“Hoey”). On October 28, 2021, plaintiffs filed a First Amended Complaint (“FAC”) for breach of contract and fraudulent concealment against these same defendants. The FAC seeks economic damages in the amount ...

2022.04.20 Demurrer, Motion Re Anti-SLAPP 600
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.04.20

Excerpt: [email protected]; [email protected]; hrosin g@ klinedin RULING (1) For the reasons set forth herein, the special motion to strike (anti-SLAPP) of defendan t Delane y's first amended complaint is granted as to each cause of action and to the first a m address Timoth y Delane y's request for attorne y fees and costs in a noticed motion to be fil (2) For the reasons set forth herein, the special motion to strike (anti-SLAPP) of defendan t III, t...

2022.04.15 Motion for Preliminary Approval of Class Action Settlement 986
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.04.15

Excerpt: ...time. Background: On November 8, 2019, plaintiff Jorge Delgado, individually and on behalf of others similarly situated, filed a complaint against defendant SBBC Brewhouse, LLC, (Brewhouse) asserting causes of action for unpaid minimum and overtime wages, missed meal and rest breaks, violations of Labor Code sections 226 and 203, for unfair business practices under Business and Professions Code section 17200, et seq., and for penalties under Labo...

2022.04.13 Motion to Set Aside Default Judgment 732
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.04.13

Excerpt: ..., to set aside the default and default judgment entered against them is denied. Background: On April 29, 2021, plaintiff Kea Plumbing (Kea) filed its complaint in this action against defendants Richman Bry and Riviera Capital Group, LLC (Riviera) asserting five causes of action: (1) foreclosure of mechanic's liens; (2) breach of contract; (3) unjust enrichment; (4) defamation; and (5) interference with contractual relations. The claims of the com...

2022.04.13 Demurrer 161
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.04.13

Excerpt: ...endants were tenants of property owned by plaintiffs, and located at 1216 Blanchard Street, Unit B, in Santa Barbara. It alleges further that each defendant was served with a 60-day notice of no-fault just cause termination of tenancy on November 1, 2021. The notices, attached to and incorporated into the complaint, stated the grounds for the notice as "OWNERS INTEND TO SUBSTANTIALLY REMODEL THE RESIDENTIAL UNIT." The notice stated further that r...

2022.04.12 Petition to Compel Arbitration 869
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.04.12

Excerpt: ...titioner's individual claims, to strike class claims and allegations, and for stay of proceedings RULING For the reasons and in the manner specified below, the petition is granted. Background Plaintiff is a former employee of defendant Coastal Massage Santa Barbara (CMSB), whose president is defendant Franchesta Marbury-Hammonds (Hammonds). Defendants are owners of a Massage Envy franchise location. Plaintiff was employed as a massage therapist. ...

2022.04.12 Motion for Summary Judgment 288
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.04.12

Excerpt: ...din g Materials, LP dba Westside Buildin g Materials Ch a Emails: [email protected]; [email protected]; [email protected]; [email protected]; daniel. yana gihara @ pccci. c [email protected]; [email protected]; [email protected]; Matters Motions for Summary Judgment Þled by defendants (1) Westside and (2) Serious Rulings The Motions are GRANTED; more specifically: (1) Summary judgment is granted in Westside's favor; the Court re...

2022.04.12 Motion for Summary Adjudication 786
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.04.12

Excerpt: ... Plaintiff's Motion for Summary Adjudication Ruling 1. Evidentiary Objections on the declaration of Phyllis Noble #1. Paragraph 8, 3:14-22: Sustained #2. Paragraph 9, 3:23-27: Sustained #3. Paragraph 10, 4:1-8: Overruled #4. Paragraph 11, 4:9-14: Overruled #5. Paragraph 12, 4:15-18: Overruled #6. Paragraph 14, 4:27-28, 5:1-8: Sustained #7. Paragraph 15, 5:9-13: Sustained #8. Paragraph 17, 5:20-28, 6:1-11: Overruled #9. Paragraph 18, 6:13-15: Sust...

2022.04.12 Demurrer, Motion to Strike 926
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2022.04.12

Excerpt: ...mplaint on February 14, 2022, advancing seven (7) causes of action against the same defendants named in earlier pleadings, as follows: 1) promissory fraud/false promise; 2) quiet title; 3) breach of novation; 4) breach of an implied-in-fact contract; 5) breach of the implied covenant of good faith and fair dealing; 6) unjust enrichment; and 7) declaratory relief. Defendants demur to the verified second complaint, claiming the entire pleading is b...

2022.04.12 Demurrer 540
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.04.12

Excerpt: ...ns set forth herein, the demurrer of defendants' MHC TT, L.P., and MHC NAC, L.P., to the first amended complaint of plaintiff Chelsea Cumber is overruled. Defendants shall file and serve their answers to the first amended complaint on or before April 27, 2022. Background Plaintiff Chelsea Cumber's alleges in her first amended complaint (FAC) a cause of action for premises liability and general negligence as follows: Defendants MHC NAC LP and MHC ...

2022.04.11 Motion to Determine Post-Judgment Attorney Fees, Sale of Judgment Debtor's Assets 925
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.04.11

Excerpt: ...nted. Background: This is an action for breach of contract, breach of guaranties, and unjust enrichment. In the complaint, plaintiff alleges that defendants executed loan documents, including a promissory note, and/or executed a personal guaranty for a loan, in October 2015. While some payments were made, defendants ceased making payments, resulting in the complaint being filed on September 11, 2020. Defendants did not appear in the action, and t...

2022.04.11 Motion to Compel Further Responses, for Sanctions 909
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.04.11

Excerpt: ...e Saldana: Elliot J. Siegel and Margaret R. Wright, King & Siegel LLP For Defendants Brown & Brown Insurance Services of California, Inc., Brown & Brown, Inc. and John Esposito: Daniel B. Chammas and Caleb Y. Lee, Ford & Harrison LLP TENTATIVE RULING: (1) Plaintiff's motion is granted in part. (2) Defendant is ordered to provide a further response to plaintiff's Form Interrogatory No 209.2, in accordance with this ruling and without objections ov...

2022.04.11 Motion for Summary Judgment 958
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.04.11

Excerpt: ... Wolf Baschung for summary judgment as to the cross-complaint of Henry Aguila is granted. Cross- defendant Baschung is therefore entitled to judgment on the cross-complaint in his favor. Background: (1) Background Facts Henry Aguila was the president of Thee Aguila, Inc., (TAI) which owned a restaurant/ nightclub property, 8825 Washington Blvd., Pico Rivera, CA (the Property). (Defendant and Cross-Complainant Aguila's Response Separate Statement ...

2022.04.08 Motion to Compel Production of Docs 324
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.04.08

Excerpt: ...upon plaintiff by defendant William Charles Conway, M.D. While the surgery itself was a success, plaintiff complains of severe post- surgical complications. Plaintiff Wideman is a licensed attorney, who is representing himself in the action, as well as acting as counsel of record for his wife, plaintiff Kristina Novak. Mr. Wideman designated Farzad Alemi, M.D. as a retained general surgery expert witness. Defendant Conway noticed the expert decla...

2022.04.08 Motion to Dismiss 299
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.04.08

Excerpt: ...nd Set of Requests For Production Of Documents Nos. 48-53 in accordance with this ruling on or before April 18, 2022. (4) Plaintiff is ordered identify, with specific request numbers, the requests for production to which the documents previously produced by plaintiff respond, in accordance with this ruling, on or before April 18, 2022. (5) Defendant is ordered to give notice of this ruling to plaintiff by mail and email. Background: This action a...

2022.04.08 Motions to Compel Further Responses 877
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.04.08

Excerpt: ...RFP Nos. 3-5, 9-13 and 16-21 in accordance with this ruling and without the objections overruled herein on or before April 20, 2022. (3) The Court awards sanctions to Butler America, LLC, and against UCOMMG, LLC, and Unified Communications Group, Inc. and their counsel Fisher & Phillips LLP, jointly and severally, in the amount of $4,000.00 payable to counsel for Butler America, LLC, on or before April 20, 2022. Background: The court's March 25, ...

2022.04.05 Motion to Compel Further Responses, to Obtain Personnel Records 438
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.04.05

Excerpt: ...laintiffs' motion to compel further responses is denied in its entirety. Plaintiffs' Pitchess motion, seeking disclosure of documents from the personnel files of peace officers Valencia, Carranco, and Green, is granted in part and denied in part, as more fully articulated below. Background: On October 20, 2020, plaintiffs Jeffrey Arlington (Arlington) and Sonia Arlington filed their complaint in this action. As alleged in the complaint: “Santa ...

2022.04.04 Motion to Strike 109
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.04.04

Excerpt: ...olas Tescano, Chad Treppa and Steven Smith: Timothy R. Windham, Lillian C. Harwell, Lewis Brisbois Bisgaard & Smith LLP For Defendant Delta Tau Delta: Aaron S. Case, Mary Childs, Yoka & Smith, LLP For Defendant Delta Tau Delta – Delta Psi Chapter: Patrick R. Ball, Matt Jedrzejek, Messner Reeves, LLP For Defendants Tammy F. Luckenbihl and Matt Luckenbihl: Jay M. Borgeson, Henderson & Borgeson For Defendant Rimrock Real Estate Ventures, LP: Debor...

2022.04.04 Motion for Summary Judgment 084
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.04.04

Excerpt: ...NG: The motion will be granted. Background: Plaintiffs' complaint, filed on May 26, 2021, alleges a cause of action for medical malpractice (by plaintiff Earl Murray, Jr.) and a cause of action for loss of consortium (by plaintiff Jean Marie Murray). Plaintiff Earl Murray, Jr. (Murray) alleges that in February 2020, he was sent to Pueblo Radiology Medical Group, Inc. to have a wire marker inserted into his left axillary region, to facilitate the ...

2022.04.04 Demurrer 161
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.04.04

Excerpt: ...rtment. On or before April 11, 2022, each party shall file and serve a supplemental brief, containing the information requested by the Court below. Background: This is a residential unlawful detainer action, filed on January 14, 2022. The complaint alleges that defendants were tenants of property owned by plaintiffs, and located at 1216 Blanchard Street, Unit B, in Santa Barbara. It alleges further that each defendant was served with a 60-day not...

2022.04.01 Motion to Compel Inspection of Real Property 245
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.04.01

Excerpt: ...tion referee, to inspect the property at the same time. In the event that by April 11, 2022, the parties and the partition referee are unable to reach an agreement as to the date and time for the inspection, Chase may thereafter apply to the court ex parte for an order for a particular date and time for inspection, provided that, in addition to all other requirements for an ex parte application, such ex parte application shall include a declarati...

2022.04.01 Demurrer 827
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.04.01

Excerpt: ...ises). (Complaint, ¶¶ 1, 3, 4.) On July 2, 1986, ROIC's predecessor-in-interest rented the Premises to defendant RIBCO, Inc. dba Woody's BBQ (RIBCO) as a month-to-month tenancy pursuant a written agreement. (Complaint, ¶ 6 & exhibit 1.) On July 23, 2020, ROIC filed its complaint in a different action pending in Department 5 of this court, ROIC California, Inc., v. RIBCO, Inc., case No. 20CV02391 (the Lease Action), asserting causes of action f...

2022.03.29 Demurrer, Motion to Strike, for Trial Preference 061
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2022.03.29

Excerpt: ...uperior Court (2014) 229 Cal.App.4th 468). The demurrer is thus sustained. Leave to amend is granted. Any further challenge to this cause of action must adequately examine these elements. Moreover, moving counsel is advised to review CRC 3.1113(b) which provides: “The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in sup...

2022.03.29 Demurrer, Motion to Strike 789
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.03.29

Excerpt: ...on provision of the Settlement Agreement is sustained without leave to amend as the provision is void as a matter of law. Defendant's demurrer to plaintiff's breach of contract cause of action based on the non-disparagement provision of the Settlement A greement is overruled. Defendant's motion to strike plaintiff's prayer for attorney's fees is granted. In all other respects, defendant's motion to strike is moot given the ruling on defendant's d...

2022.03.29 Demurrer, Motion for Preliminary Injunction 995
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.03.29

Excerpt: ...for Preliminary Injunction RULING (1) The hearing on the motion for a preliminary injunction is continued to April 27, 2022, at 10:00 a.m. The temporary restraining order issued by the Court remains in effect until disposition of this motion for a preliminary injunction or upon further order of the court. As set forth herein, on or before April 12, 2022, plaintiff Eileen Lazar shall file and serve a supplemental reply brief responding to the supp...

2022.03.28 Motion for Summary Adjudication 450
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.03.28

Excerpt: ...TORNEYS: Mark S. Himmelstein for Plaintiff RTA Carneros Village – Phase II, LLC Matthew W. Johnson for Defendant William Hezmalhalch Architects, Inc. TENTATIVE RULING: The motion of defendant for summary adjudication on plaintiff's first cause of action for breach of contract will be denied. BACKGROUND: This action arises out of the construction of a multifamily apartment complex in Goleta, California commonly known as The Village at Los Carner...

2022.03.28 Motion to Compel Further Responses 909
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.03.28

Excerpt: ...e Saldana: Elliot J. Siegel and Margaret R. Wright, King & Siegel LLP For Defendants Brown & Brown Insurance Services of California, Inc., Brown & Brown, Inc. and John Esposito: Daniel B. Chammas and Caleb Y. Lee, Ford & Harrison LLP TENTATIVE RULING: The court will continue the hearing on plaintiff's motion to April 11, 2022. On or before April 4, 2022, plaintiff shall pay the filing and other fees required for the motions to compel further resp...

2022.03.28 Motion to Strike 616
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.03.28

Excerpt: ... Transform: Matthew Olufs For Defendant Financial Credit Network, Inc.: Gabe P. Wright, Trevor S. Locko, Hahn Loeser & Parks LLP TENTATIVE RULING: The motion of defendants Mikki Reilly and Fitness Transform to strike portions of the complaint of plaintiff Anne Fristoe, M.D., is granted, with leave to amend, to strike paragraph 37 of the text of the complaint and paragraph 4 of the prayer of the complaint. Leave to amend is limited to the claim fo...

2022.03.25 Motion to Dismiss 832
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.03.25

Excerpt: ...(“County”) and officer Colbin Spears. One day later, plaintiff filed a First Amended Complaint (“FAC”) alleging seven (7) causes of action for assault, battery, false arrest, false imprisonment, negligence, intentional infliction of emotional distress and violation of 42 U.S.C. 1983 against the County, defendant Derek Spears [erroneously sued as Colbin Spears] (“Spears”), and the Santa Barbara County Sheriff's Office. Plaintiff's clai...

2022.03.25 Motion to Compel IME 342
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.03.25

Excerpt: ...Hotels & Resorts, LLC (“Warner Hotels”), the owner of the SYR, its President, Ty Warner (“Warner”), and Saleem Ahmed (“Ahmed”), the Director of Finance at the SYR. The operative second amended complaint (“SAC”) alleges causes of action for wrongful eviction, breach of contract, assault, battery, and intentional infliction of emotional distress. On March 10, 2022, Marks filed a request for dismissal of her wrongful eviction and bre...

2022.03.25 Motion for Summary Adjudication 116
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.03.25

Excerpt: ... Lane, Carpinteria, California 93013 (the “Residence”). Plaintiffs Darren Entwistle and Fiona Entwistle (the “Entwistles”) are the owners of the Residence. In 2012, the Entwistles contracted with defendant Paul Franz Construction (“Franz”) to convert a storage room in the Residence into a wine cellar. As part of the remodel project, Franz hired defendant Insulate SB, Inc. (“Insulate”), an insulation subcontractor, to install insul...

2022.03.25 Demurrer, Motion to Strike 487
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.03.25

Excerpt: ...4) retaliation for engaging in protected activity (Gov. Code §12940, subd. (h)) is sustained without leave to amend. The demurrer of defendant Estrada to plaintiff's first four causes of action for failure to exhaust administrative remedies against Estrada is sustained without leave to amend. The demurrer of defendant SBMTD to plaintiff's FAC, and each and every cause of action, for failure to plead sufficient facts to constitute a cause of acti...

2022.03.25 Demurrer 877
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.03.25

Excerpt: ...2) breach of implied covenant of good faith and fair dealing; (3) misappropriation of trade secrets (Civ. Code, § 3426 et seq.); (4) misappropriation of trade secrets (common law); (5) conversion; (6) intentional interference with contractual relations; (7) intentional interference with prospective economic advantage; and (8) unfair business practices (Bus. & Prof. Code, § 17200 et seq.). On January 4, 2021, defendants UCOMMG, LLC (UCOMMG) and ...

2022.03.22 Motion for Leave to File FAC 672
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2022.03.22

Excerpt: ...; (2) failure to provide rest periods; (3) failure to reimburse business expenses; (4) failure to pay all wages due at separation; (5) failure to provide accurate wage statements; (6) unfair competition. Defendant's answer was filed on October 21, 2019. In late 2019, Defendant filed two Petitions to Compel Arbitration. In February 2020, the court denied Defendant's Petition to Compel Arbitration, ruling the enforcement of Defendant's arbitration ...

2022.03.21 Motion to Substitute Plaintiffs 757
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.03.21

Excerpt: ...Jeffrey B. Panosian and Dr. Claire B. Panosian: Patrick A. Hennessey and Anish J. Banker, Palmieri, Hennessey & Leifer, LLP For Defendant Bristol Farms dba Lazy Acres Market: Carl L. Grumer and Noro Mejlumyan, Manatt, Phelps & Phillips, LLP For Defendant HUB International Insurance Services, Inc.: Stephen P. Soskin, Charlston, Revich & Wollitz LLP TENTATIVE RULING: Plaintiffs' Motion For Order Allowing Substitution of Party Plaintiffs is granted....

2022.03.21 Motion to Quash Subpoena, to Quash or Limit Subpoena 946
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.03.21

Excerpt: ... Defendant Matef Harmachis to Quash Subpoena to Commission on Teacher Credentialing (2) Motion of Defendants SBUSD to Quash Subpoena to SB District Attorney ATTORNEYS: For Plaintiff Jane OB Doe: Morgan A. Stewart, Saul E. Wolf, Christina J. Nolan, Manly Stewart Finaldi For Defendant Santa Barbara Unified School District: Susan L. Oliver, Harry W. Harrison, Marianne Gordon, Tyson & Mendes For Defendant Matef Harmachis: Louis R. Dumont, John J. Str...

2022.03.21 Motion to Compel Further Responses 108
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.03.21

Excerpt: ...t Dr. Katherine Kim: Christopher L. Walters TENTATIVE RULING: (1) The motion of plaintiff Dr. William Burgess to compel further responses to discovery from defendant Dr. Katherine Kim is granted in part, denied in part, and continued in part. The motion is granted to require defendant to serve, on or before April 1, 2022, verified further responses to special interrogatories, set one, Nos. 8 and 29, in a form complying with the Code of Civil Proc...

2022.03.21 Motion for Summary Judgment 498
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.03.21

Excerpt: ...aw Offices of Schneider & Holtz TENTATIVE RULING: For the reasons set forth herein, the motion of defendants Payatt Enterprises, Inc., and Taco Bell Corp. for summary judgment is denied. Background: On October 22, 2020, plaintiff Tasha Pitsenbarger filed her complaint in this action asserting claims for negligence, strict liability in tort, and breach of the implied warranty of merchantability. The complaint alleges personal injury to Pitsenbarge...

2022.03.21 Motion for Summary Adjudication 448
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.03.21

Excerpt: ... a wrongful termination action, arising from plaintiff Lucy Bernal's (Bernal) former employment with defendant Ghitterman, Ghitterman & Feld (GGF) as, among other things, a case worker. The complaint, filed on March 13, 2020, alleges causes of action for (1) disability discrimination in violation of the Fair Employment and Housing Act (FEHA), (2) retaliation in violation of FEHA, (3) failure to prevent discrimination and retaliation in violation ...

2022.03.17 Petition to Compel Arbitration 450
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.03.17

Excerpt: ..., LLC, a civil engineering company and member of the Southern California General Contractors Association (“SCCA”). Respondent is Charlie Briggs, Jr., a member of the International Union of Operating Engineers, Local Union No. 12, which is affiliated with the Building and Construction Trades Department of the AFL-CIO (“Operating Engineers Union”). Respondent seeks to recover unpaid wages, waiting time penalties, and damages from petitioner...

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The Best Way toLearn About a Judgeis to Read Their Rulings!

The Best Way to
Learn About a Judgeis to Read Their Rulings!