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1278 Results

Location: Santa Barbara x
2021.10.22 Motion for Summary Judgment 384
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.10.22
Excerpt: ...d to defendant pursuant to a written credit card agreement. Defendant used the credit card to purchase goods and services and, pursuant to the credit card agreement, agreed to repay the principal along with interest and other charges. On January 9, 2019, defendant stopped making any further payments on the account. There is currently due and owing to plaintiff the sum of $9,422.92, plus interest and penalties. On October 8, 2019, plaintiff filed ...
2021.10.22 Demurrer 235
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.10.22
Excerpt: ...rty located at 6663 Del Playa Drive (Plaintiffs' Property or Damaged Property), and 6653 Del Playa Drive (the “Offending Property”), in the Isla Vista area of Goleta, failed and collapsed onto the beach below. (Note: The term “Offending Property” is used to describe this property in the complaints and demurrers and is used in that same sense here.) On January 13, 2020, plaintiffs filed their original complaint in this action, alleging cau...
2021.10.19 Motion to Enforce 970
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2021.10.19
Excerpt: ...rt cannot address the merits of the motion until entry of default, filed on August 12, 2020, has voluntarily been set aside. Although overlooked by plaintiff, entry of default was made one day before the notice of conditional settlement was submitted to the court, and has been left unabated since. The impact of this is clear. Once default is entered, defendants' right to appear in the action thereafter is cut off. Defendants are “out of court,...
2021.10.19 Motion to Amend Judgment 818
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2021.10.19
Excerpt: ...August 17, 2021, Ford filed a motion to amend the judgment pursuant to Code of Civil Procedure sections 187. It asks the court to amend the judgment to add an alias name for defendant Jesse Teniente, Jr., who now goes by the name “Jesus Teniente.” The motion was served by mail on defendant at 338 East Foster Road, Santa Maria, California. In a declaration submitted by Ford attorney David Chen, Mr. Chen declares that after an employment verifi...
2021.10.18 OSC Re Contempt 958
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.10.18
Excerpt: ...estors LP Julie N. Nong for Defendant and Judgment Debtor Henry Aguila TENTATIVE RULING: The motion of plaintiff Pico Rivera First Mortgage Investors LP for order to show cause (“OSC”) re contempt is granted. Defendant Henry Aguila is ordered to appear on November 1, 2021, at 10:00 a.m., in this department, and show cause why he should not be held in contempt for unlawfully interfering with the process and proceedings of this court. BACKGROUN...
2021.10.18 Motion to Compel Further Responses, for Monetary Sanctions 556
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.10.18
Excerpt: ...s a business/employment dispute relating to a putative joint venture. Before the Court this day are two discovery motions filed by plaintiff, seeking further responses to special interrogatories and RPDs from defendants. For the reasons which follow, the motions are CONTINUED to discharge the meet and confer requirement. Discussion: In California, discovery is supposed to be self-executing. For that reason, before resorting to judicial interventi...
2021.10.18 Motion to Compel Discovery Responses 974
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.10.18
Excerpt: ...plaintiff to “compel discovery responses.” For the reasons which follow, the motion is GRANTED in part. Discussion: A party in receipt of a request to produce documents is entitled to only three choices: (1) a statement of compliance, which includes the actual documents (organized and labeled for ease of review) or a clear indication as to when and how the documents will be provided; (2) a statement of noncompliance based on inability, confir...
2021.10.18 Motion to Compel Deposition, Production of Docs 132
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.10.18
Excerpt: ...ark Sellers, the son of Rosemary Leahy. The salient allegations consist of both care custodian abuse, as well as financial abuse, by Rosemary'Leahy's lawfully wedded husband – the defendant herein. Before the Court this day is an unopposed motion by plaintiff to compel defendant's attendance at, and participation in, a regularly-noticed deposition. While the motion may have merit, the motion must be continued for further briefing. Discussion: D...
2021.10.18 Motion for Summary Judgment 826
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.10.18
Excerpt: ...r, M.D., for Summary Judgment (3) Motion of Defendant John C. Blaustein, M.D., for Summary Judgment (4) Motion of Defendant John Anis, M.D., for Summary Judgment ATTORNEYS: For Plaintiff Alexandro Filippini: Self-represented For Defendants Santa Barbara Cottage Hospital, Inc., Mark G. Hauser, M.D., John C. Blaustein, M.D., and John Anis, M.D.: Thomas F. McAndrews, Beth Ann Neri, Alexandra J. Muehl, Reback, McAndrews, Blessey, LLP TENTATIVE RULING...
2021.10.18 Demurrer 768
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.10.18
Excerpt: ...defendant TENTATIVE RULING: The demurrer is overruled. Background: On November 16, 2020, plaintiff Robin Unander (Unander) filed her original complaint in this action asserting one cause of action under the Labor Code Private Attorneys General Act of 2004 (PAGA) (Labor Code, § 2698 et seq.) against defendant The Regents of the University of California (Regents). On April 1, 2021, without any response having been filed, Unander filed her FAC agai...
2021.10.15 Motion to Quash 872
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.10.15
Excerpt: ...the subject of other motions to quash pending before the court. Background: On July 21, 2021, plaintiff ROIC California, LLC, (ROIC) filed its complaint in unlawful detainer against defendant RIBCO, Inc., dba Woody's BBQ (RIBCO). The summons issued by the court with the filing of the complaint, however, provides notice to “defendant … ROIC” that it is being sued by “plaintiff … RIBCO ….” (Summons, issued July 21, 2021, p. 1 (July 21...
2021.10.15 Demurrer, Motion to Strike 113
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.10.15
Excerpt: ...ersion of bank funds and related claims. Plaintiffs are Mark Schaub (“Schaub”) and his limited liability company, TLG Ltd. (“TLG”). Defendants are Andrew Waters (“Waters”) and his limited liability companies, FCP Private, LLC (“FCP Private”) and FCP Corporate (HK) Ltd. (“FCP Corporate”). Schaub and Waters are former business associates, having first met in 2008 when both were living and doing business in Shanghai, China. Schau...
2021.10.08 Motion to Set Aside Default 727
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.10.08
Excerpt: ... she was incarcerated for violation of Vehicle Code Section 23152 (driving under the influence), defendant Stephen Tudor Crozier, a registered financial advisor, stole her identity by forging plaintiff's name on a durable power of attorney and having an acquaintance of his, defendant Dennis Quinn, a registered notary public, notarize the document, thereby granting Crozier full control over plaintiff's property. Thereafter, without plaintiff's kno...
2021.10.08 Motion for Summary Judgment 988
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.10.08
Excerpt: ...upants. Defendant Corpat, Inc., is the registered owner of that vehicle. In the course of attempting to execute a high speed turn onto Butterfly Drive, the Malibu struck plaintiff Jensen, causing serious injuries. Plaintiff named as defendants a variety of individuals and entities, including the City of San Buenaventura, its two involved police officers, the occupants and operator of the Malibu, and entities believed to have owned the rental vehi...
2021.10.05 Motion to Transfer Case 111
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.10.05
Excerpt: ...ing Trust dated February 7, 2014 RULING The Court will grant the motion, and order that the case be transferred to the Ventura Superior Court. The hearing in this court on the District's motion for prejudgment possession, currently scheduled for October 12, 2021, will be vacated, so that it can be heard and determined following the transfer of the case. Background This is an eminent domain action, in which plaintiff Santa Barbara County Flood Con...
2021.10.05 Motion to Strike 991
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.10.05
Excerpt: ... Jr. for Cross-Defendant Timothy Morton-Smith RULING The motion of cross-defendant Timothy Morton-Smith to strike portions of the cross-complaint filed by cross-complainants Michelle Schenone and Nick Schenone, a minor, is granted. The Schenones shall have to and including October 15, 2021, to file an amended cross-complaint. BACKGROUND This action concerns a verbal and physical altercation on November 27, 2020, at the Glen Annie Golf Course in S...
2021.10.05 Motion for Sanctions 091
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.10.05
Excerpt: ...ll grant defendant's request for sanctions, and will order plaintiff and her attorne y, Anthon y C. Kastenek, to pa y discovery sanctions to Defendant in the amount of $400.43. BACKGROUND Plaintiff issued a records subpoena to a third-party deponent, after which defendant filed a motion to quash the subpoena and for protective order. After a hearing held on July 27, 2021, the motion to quash was denied. The motion for protective order was granted...
2021.10.04 Motion to Strike Punitive Damages 643
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.10.04
Excerpt: ...motion of defendant Ian Alvarado to strike plaintiff's claim for punitive damages is denied. BACKGROUND: This is an action for personal injuries arising out of a motor vehicle accident. Plaintiff is Ila Delmarsh. Defendants are Ian Alvarado and Lorenzo Alvarado. On December 25, 2019, on Walnut Lane just south of Hollister Avenue in Santa Barbara County, defendant Ian Alvarado allegedly operated a vehicle owned by defendant Lorenzo Alvarado in suc...
2021.10.04 Application for Right to Attach Order 800
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.10.04
Excerpt: ... Castagnola Brothers Trust David Campbell Smith for Defendant Brannan Mason TENTATIVE RULING: Plaintiff's application for right to attach order and for order for issuance of a writ of attachment is denied. BACKGROUND: This is an action for breach of a commercial lease agreement. Plaintiff is The Northern Trust Company as Trustee of the Eight Castagnola Brothers Trust. Defendant is Brannan Mason. On May 9, 2018, plaintiff and defendant entered int...
2021.09.28 Demurrer 555
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2021.09.28
Excerpt: ...kull fracture and brain contusion. Throughout October of 2018, plaintiff requested time off to care for her son. Her supervisor, defendant Willard Chung, M.D. (“Chung”) immediately began questioning her commitment to work and the program. Plaintiff requested medical leave of absence to care for her son and Chung repeatedly harassed her for needing medical leave of absence to care for her son. Plaintiff's leave of absence was granted in Februa...
2021.09.28 Demurrer 046
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2021.09.28
Excerpt: ...iled complaint against defendants Northstar Senior Living, Inc., and Fountain Square of Lompoc, LLC, for violations of the Private Attorney General Act, pursuant to Labor Code section 2698, et seq. (hereafter, the PAGA). According to the complaint, plaintiff was employed by both defendants, who were agents of each other, between September 2019 and November 2019, as hourly paid, nonexempt employee. Plaintiff alleges that she and other aggrieved em...
2021.09.27 Motion to Compel Further Responses 596
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.09.27
Excerpt: ...Ruling: This in an insurance bad faith case. Before the Court this day are two discovery motions by plaintiff Passport 420 LLC, seeking a Code-compliant, objection-free response to its Request for Production of Documents and Special Interrogatories. The landscape has changed slightly from when the motion was first filed, but according to plaintiff, judicial intervention is still required. The salient facts are straightforward. In January of 2017,...
2021.09.27 Demurrer 838
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.09.27
Excerpt: ...murrer is overruled. Defendant is directed to file his answer the complaint no later than October 4, 2021. DISCUSSION: Background: Plaintiffs are the owners and agents of real property located at 246 West Alamar, Unit 2, in Santa Barbara. On May 20, 2020, they entered into a written 12-month Residential Rental Agreement with defendant, with defendant's tenancy to commence May 22, 2020, and run through May 31, 2021. The rent for the premises was $...
2021.09.24 Motions to Compel Further Responses, for Leave to File Compulsory Complaint 299
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.09.24
Excerpt: ...tigation into plaintiff's owner/operator for payroll tax evasion. Plaintiff reacted first with a cease and desist letter, dated 12/07/20, followed closely by this lawsuit and the four causes of action asserted therein, to wit: libel, false light, unfair practices, and tortious interference. Before the Court this day are three defense motions: 1. Motion to compel further responses to RPD Set 1, Nos. 1‐40, 42‐45, and 47; 2. Motion to compel fur...
2021.09.24 Motion to Seal 919
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.09.24
Excerpt: ...isclosed as public records responsive to the request here at issue. The court intends to conduct an in camera review of the records in advance of the continued hearing. Background: Petitioner Gary D. Gemberling is the successor trustee of the Melvin I. Gemberling and Catherine M. Gemberling Trust, dated June 29, 1989 (the Trust). (Verified Petition, ¶ 5.) The trustors of the Trust were petitioner's parents. (Ibid.) There is pending litigation in...

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