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1994 Results

Location: Santa Barbara x
2023.10.02 Petition for Writ of Mandate 363
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.10.02
Excerpt: ...rney General of California TENTATIVE RULING: The parties are ordered to appear at the hearing and be prepared to discuss the matters described herein. Background: On June 2, 2023, petitioner Richard Morse filed a verified petition for writ of mandate directed to respondent Nancy Farias who is alleged to be the Director of the California Employment Development Department, State Disability Insurance Division (respondent), and a notice of hearing fo...
2023.10.02 Motion for Summary Judgment 616
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.10.02
Excerpt: ...Law Office of Matthew Olufs TENTATIVE RULING: The motion for summary judgment or, in the alternative, summary adjudication of defendants Mikki Reilly and Fitness Transform, LLC, is denied. Background: The second amended complaint for damages and injunctive relief (the SAC) filed by plaintiff Ann Fristoe, M.D. (Fristoe) on February 6, 2023, is the operative pleading in this matter. As alleged in the SAC, on January 10, 2020, Fristoe hired Mikki Re...
2023.10.02 Motion for Summary Adjudication 596
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.10.02
Excerpt: ...Issues as Respects Second Cause of Acton and Punitive Damages ATTORNEYS: Lloyd For Plaintiffs Passport 420, LLC; Spring Creek Research, LLC; and William Parrish.: A. Barry Cappello, Lawrence J. Conlan, and Richard For Defendant Starr Indemnity & Liability Co.: Ralph S. LaMontagne, Jr., Eric Amador, Michael J. Terhar, and Don Swaim TENTATIVE RULING: Starr Indemnity & Liability Company's motion for summary adjudication of issues as respects second ...
2023.09.26 Motion to Compel Arbitration 183
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2023.09.26
Excerpt: ...fly (based on allegations in the operative pleading), on September 1, 2022, plaintiffs purchased a 2023 Hyundai Kona (hereafter, the vehicle). In connection with the purchase of the Vehicle, Plaintiffs received an express written warranty in which defendant undertook to preserve or maintain the utility of performance of the Vehicle or to prov-de compensation if there is a failure in utility or performance for a specified period of time. The warra...
2023.09.25 Motion to Strike Punitive Damages 077
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.09.25
Excerpt: ...er, Harris Personal Injury Lawyers, Inc. For Defendants Silver Star Transportation and Gleb Stenin: Rosemarie S. Lewis, Edward J. Morales, Bradford A.M. Smith, Borton Petrini, LLP TENTATIVE RULING: For all reasons discussed herein, the motion of defendants Silver Star Transportation and Gleb Stenin to strike all claims for punitive damages in plaintiff's first amended complaint is granted with leave to amend. The following matters shall be strick...
2023.09.20 Motions to Compel Responses 471
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.09.20
Excerpt: ...out objection, on or before October 11, 2023. With respect to the motion for deemed admissions, if Plaintiff provides verified responses to the requests for admission before the time of the hearing on this motion, the motion will be denied. If Plaintiff fails to provide verified responses to the requests for admission before the time of the hearing on this motion, the motion will be granted, and the Court will order the matters set forth in the r...
2023.09.20 Motion to Amend Answer, to Continue Trial 017
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.09.20
Excerpt: ...rial dates after the case was designated complex litigation; another case has already been given some of the dates requested here for 120 days out [i.e. Cobb vs Superior Court of California for the County of Ventura.] It may settle; you are double set, in part; if that case does not settle you will start as soon as it finishes within the following time frame. You must save all these dates. 2. The Trial Date of 11/1/23 is continued to 3/6/23 at 11...
2023.09.20 Demurrer to SAC 077
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.09.20
Excerpt: ...n of Plaintiff's second amended complaint. The demurrer of Defendant City of Santa Barbara is overruled as to the fifth cause of action of Plaintiff's second amended complaint. Defendant shall file and serve its answer to Plaintiff's second amended complaint on or before October 3, 2023. Background On January 9, 2023, Plaintiff Eduviges Estrada (Estrada) filed her original complaint in this action asserting three causes of action against Defendan...
2023.09.19 Petition to Confirm Arbitration Award 321
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2023.09.19
Excerpt: ...is supplemented with a notice of hearing and memorandum of points and authorities; a declaration from attorney Paul Berkowitz; a copy of the arbitration agreement (indicating among other things that arbitration is governed by the Federal Arbitration Act (FAA)); the first amended complaint filed with the arbitrator; and the written arbitration award. Briefly, respondent advanced six causes of action predicated on violations of the Fair Employment ...
2023.09.18 Petition to Confirm Contractual Arbitration Award 136
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.09.18
Excerpt: ... D. Estes to confirm contractual arbitration award is ordered off-calendar. Background: On July 21, 2023, Ronald D. Estes (Estes) filed a petition to confirm a contractual arbitration award (the petition) against respondent Elmer Guevara Chacon (Chacon). As alleged or effectively alleged in the petition, Estes and Chacon entered into a written agreement (the agreement) on February 19, 2023, pursuant to which Estes hired Chacon to remove an old fe...
2023.09.18 Demurrer 365
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.09.18
Excerpt: ... reasons set forth herein: Defendant's demurrer to plaintiff's complaint is sustained in part and overruled in part as follows: 2. 3. 4. 5. Defendant's demurrer to plaintiff's first cause of action for Violation of the California Constitution, art. l, sections 1 and 7, is overruled. Defendant's demurrer to plaintiff's second cause of action for Violation of the Unruh Civil Rights Act, is overruled Defendant's demurrer to plaintiff's third cause o...
2023.09.15 Demurrer 612
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.09.15
Excerpt: ...ff Nina Johnson (Johnson) was employed by defendant the City of Santa Barbara (the City) in the City Administrator's Office from December 1998 until her resignation in 2022. (Complaint, 1, 17, 40.) As alleged in the complaint, during Johnson's employment with the City, she was for high visibility, high-level, and complex assignments on behalf of the City Administrator and City Council which involved directing interdepartmental teams, serving as t...
2023.09.15 Motion for Protective Order 227
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.09.15
Excerpt: ...regarding the continued deposition. Counsel is ordered to appear at the hearing on this matter, either in person or remotely, to discuss selection of the discovery referee. Plaintiff will pay one-half of the discovery referee's fees and defendants will pay one-half of the fees. The court retains jurisdiction to reallocate the fees at the time of trial or further order. Background: Plaintiff Montecito Country Club, LLC ("MCC") filed its original c...
2023.09.15 Demurrer 965
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.09.15
Excerpt: ...ulting from the Thomas Fire and a subsequent rainstorm and ensuing mudslides that occurred on January 9, 2018, the alleged wrongful and bad faith handling and denial of insurance benefits by defendant National Fire & Marine Insurance Company (National Fire), and the alleged professional negligence of defendant Brown & Brown Insurance Services of California, Inc. (Brown & Brown), in allegedly failing to procure adequate insurance coverage for the ...
2023.09.15 Motion to Strike Punitive Damages 566
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.09.15
Excerpt: ...he rights and safety of others" only); and prayer for relief paragraph 4 in its entirety. Any first amended complaint that may be filed by plaintiff must be filed and served on or before September 25, 2023. Background: This action arises from a vehicle collision that occurred on June 16, 2021, on southbound U.S. Highway 101 (the highway). As alleged in the complaint filed in this action on June 14, 2023, plaintiff Maesyn Rose Fitzgibbons was driv...
2023.09.14 Motion to Expunge Lis Pendens 602
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.09.14
Excerpt: ...olina Pizarro in the amount of $14,579. CL (2) Counsel are ordered to appear at the hearing on this motion and are to be prepared to discuss whether, and to what extent, other relief may be appropriate pending disposition of the pending petition. Background: On December 7, 2022, petitioner Carolina Pizarro filed her petition for letters of administration and authorization to administer under the Independent Administration of Estates Act the estat...
2023.09.13 Motion to Set Aside and Vacate Final Ruling, to Reinstate Case and Grant Leave to Amend Complaint 222
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.09.13
Excerpt: ...Knecht, Tom R. Shapiro, Office of the City Attorney RULING For all reasons discussed herein, the motion of Plaintiff David Matthew Kilrain to set aside and vacate final ruling and to reinstate case and grant leave to amend complaint is denied. Background On March 30, 2022, self-represented Plaintiff David Matthew Kilrain filed his original complaint in this action against Defendants City of Santa Barbara (the City) and Lisa Ann O'Niahll (O' Niahl...
2023.09.13 Motion to Confirm Stay Pending Appeal, to Strike 700
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.09.13
Excerpt: ...sented, and the record in this matter, the Court makes the following findings of fact and conclusions of law: 1. As a signatory to the Phase 3 Settlement, Fox Canyon Groundwater Management Agency ("FCGMA") agreed, inter alia, to serve as Watermaster, (SPTX-0045 S 1.1.2); that it would "perform the tasks assigned to it by the Judgment consistent with the Judgment's terms and the Watermaster Rules and Regulations," (id.); that it would "implement t...
2023.09.12 Motion for Summary Judgment 055
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2023.09.12
Excerpt: ...MD.[X] Adriana Velazquez was injured in a car accident on July 9, 2018 and was admitted to Marian Medical Center. Defendant Dr. Daniel Oh was the admitting doctor and prepared the History and Physical for Adrianna Velazquez. Adrianna Velazquez became unresponsive in the morning hours of July 10, 2018. A CT angiography (CTA) was #rformed which caused the doctors to be concerned for cerebrovascular dissection/occlusion. Due to the concern of dissec...
2023.09.11 Motion to Enforce Judgment 192
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.09.11
Excerpt: ...Pacific Palms Condominium Association to enforce judgment is denied. Background: This action commenced on March 8, 2018, by the filing of the complaint by plaintiff Pacific Palms Condominium Association ("PPCA") against defendant Phillip S. Woyak for: (1) Breach of Covenants; and (2) Nuisance. As alleged in the complaint: Woyak owns property that is subject to Covenants, Conditions, and Restrictions ("CC&R's") of PPCA. (Complaint, 2, 5, 7.) Almos...
2023.09.11 Motion to Deem Vexatious Litigants 268
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.09.11
Excerpt: ...ENTATIVE RULING: For the reasons more fully articulated below, the Court will grant the motion. The Court finds that Randy Quaid and Evgenia Quaid are, in fact, vexatious litigants, pursuant to the terms of Code of Civil Procedure section 391(b)(1) and (b)(2). The Court will issue a prefiling order prohibiting either Randy Quaid or Evgenia Quaid from filing any new litigation in the courts of this state in propria persona without first obtaining ...
2023.09.11 Motion to Compel Production of Docs 504
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.09.11
Excerpt: ...troller's Offce ATTORNEYS: For Plaintiff California State Lands Commission: Rob Bonta, Brian D. Wesley, Michael T. Zarro, Robert R. Willis, Matthew C. Heyn, Offce of the California Attorney General For Plaintiff Aspen American Insurance Company: David C. Veis, Laura P. Nash, Clyde & Co For Defendants Plains Pipeline, L P, Plains All American Pipeline, L. P, Plains GP Holdings, L.P., Plains APP, LP., Plains A1/ American GP LLP, and PA GP LLC: Henr...
2023.09.11 Motion for Summary Judgment 287
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.09.11
Excerpt: ...arinello TENTATIVE RULING: The motion is granted. Background: Plaintiff Shelley Marinello filed her complaint on August 14, 2019, naming as defendants Walnut Park Associates, Elaine Spath, and Rita Marinello. The complaint alleged causes of action for negligence, intentional infliction of emotional distress, breach of the implied warranty of habitability, breach of the covenant of quiet enjoyment, and private nuisance. The operative pleading, her...
2023.09.11 Motion for Summary Adjudication 012
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.09.11
Excerpt: ...'s cross-complaint ATTORNEYS: David M. Grokenberger / Jason W. Wansor / R. Scott Mullen of Rogers, Sheffield & Campbell, LLP for plaintiffs and cross-defendants Jeffrey Nugent, Carla Gervasio-Nugent, and Patrik Nugent, a minor, by and through his guardian ad litem, Jeffrey Nugent John O'Meara / Caitlin M. Salata of Bremer Whyte Brown & O'Meara LLP for defendants and cross- complainants Michael R. Turner and Lynn J. Turner Jana S. Johnston / Andre...
2023.09.08 Demurrer 432
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.09.08
Excerpt: ...on the demurrer of the cross-defendants to the first amended cross-complaint is continued to October 27, 2023, at 10:00 a.m. Background: On June 18, 2021, plaintiffs and petitioners Central Coast Water Authority (CCWA), and plaintiffs and petitioners Carpinteria Valley Water District, theCity of Buellton, the City of Guadalupe, the City of Santa Barbara, the City of Santa Maria, theGoleta Water District, the Montecito Water District, and the Sant...

1994 Results

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