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1638 Results

Location: Santa Barbara x
2022.10.07 Petition for Writ of Mandate 170
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.10.07
Excerpt: ... be permitted by the Court at the hearing. TENTATIVE RULING: For the reasons more fully articulated below, the Court will deny the petition for writ of mandate in its entirety. Background: The California Medicinal and Adult‐Use of Cannabis Regulation and Safety Act (Bus. & Prof. Code § 26000 et seq.) establishes comprehensive licensing and regulatory requirements for both medical and adult use of cannabis in the state. The Act allows local gov...
2022.10.07 OSC Re Application for Sale of Dwelling 013
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.10.07
Excerpt: ...n is denied. Background: The complaint filed by plaintiff Armand Rios (Rios) on January 22, 2016, alleges that Rios was a tenant of real property owned by defendant Gloria Gonzalez, individually and as Trustee of Trust A of the Ramundo and Gloria Gonzalez Family 2002 Revocable Trust dated June 14, 2002 (Gloria) and located at 6598 Stagecoach Road in Santa Barbara, California. Defendant Tony Gonzalez (Tony) is Gloria's son. (Note: Due to common su...
2022.10.07 Motion to Quash Notices of Depositions and Subpoenas 941
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.10.07
Excerpt: ...her of their depositions. Background: This is a personal injury action brought by plaintiffs Michael Hines and Marlene Hines against defendant Nancy Hoolahan arising out of a pedestrian‐automobile accident. Aileen Paquillo (Paquillo) is a receptionist at ProMed Spine. She has no job responsibilities that relate to medical treatment of patients, billing coding or payments at ProMed Spine. (Paquillo Dec. ¶¶ 1‐2.) Juan Ceja (Ceja) is a deposit...
2022.10.07 Motion for Summary Judgment 555
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.10.07
Excerpt: ...a, Inc. (HSG) and defendant City of Santa Barbara (City), and HSG's attempts to assign the lease to plaintiff Flightline Restaurant, LLC (FRL). Plaintiffs Flightline, HSG, and HSG's principals, Manuel Perales, Mario Medina, and Paul Ybarra allege: On March 26, 2015, HSG entered into a lease (Lease) with City for a restaurant location at 521 Firestone Road on the City's airport property. (First Amended Complaint [FAC], ¶¶ 20‐22 & exhibit A.) P...
2022.10.07 Demurrer 315
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.10.07
Excerpt: ...complaint and alleges non‐payment of rent. According to the complaint, Schwan has been renting the subject premises from Jordan, on a month‐to‐month basis since October 5, 2017. On, or about, August 19, 2022, Jordan personally served Schwan a three‐day notice to pay rent or quit alleging owed rent for the period of August 5, 2022, to September 4, 2022. On September 6, 2022, Schwan filed a general demurrer to the complaint on the grounds t...
2022.10.04 Petition to Compel Arbitration 246
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2022.10.04
Excerpt: ...tion. The penalties are for violations as set forth in the California Labor Code for: (1) failure to provide compliant meal periods or pay meal premiums; (2) failure to provide compliant rest periods or pay rest premiums; (3) inaccurate wage statements; (4) untimely payment of wages; (5) failure to pay wages at termination. On August 24, 2022, Fresh Start filed a motion to compel arbitration, stay the action, and dismiss non‐individual claims. ...
2022.10.04 Demurrer, Motion to Strike 544
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2022.10.04
Excerpt: ...oximately fifteen (15) thousand square feet of the Hauenstein's property for a monthly rental of $10,000.00. During 2015‐2017, David and Mike Agazaryan operated a commercial cannabis operation on the property. They fell behind in rents due in an amount of approximately $110,000.00. In early 2017, plaintiffs declared the lease breached and terminated it based on rent default. David, Mike and Arman subsequently introduced Ara Baljian to Karin as ...
2022.10.03 Petition to Compel Arbitration 651
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.10.03
Excerpt: ...man For Respondent Heather Gray: No appearance TENTATIVE RULING: For the reasons set forth herein, the petition of Herring Law Group, Inc. (Herring) to compel binding arbitration is granted. The appointment of a specific arbitrator will be discussed at the time of hearing Background: Herring and Heather Gray (Gray) entered into a family law legal services agreement (contract) on, or about June 13, 2018, which contained a provision for binding arb...
2022.10.03 Motion to Declare Vexatious Litigant 333
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.10.03
Excerpt: ...lliam Clinkenbeard; Clinkenbeard, Ramsey, Spackman & Clark, LLP TENTATIVE RULING: For the reasons set forth herein, the motion of defendant Cottage Health Inc. (Cottage) for an order to declare plaintiff a vexatious litigant and for a pre‐filing order to require plaintiff to post security in the amount of $25,000, and to refrain from communicating directly with represented defendants in this matter is granted as follows: (1) The court declares ...
2022.10.03 Demurrer 662
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.10.03
Excerpt: ...es,Property Services TENTATIVE RULING: The demurrer made to each cause of action on statute of limitations grounds is overruled. The demurrer made to each cause of action on the basis that insufficient facts are alleged to constitute a cause of action, are all sustained. Because the general demurrers to each cause of action are being sustained, there is no reason for the Court to address the special demurrer for uncertainty. The Court will allow ...
2022.09.30 Demurrer 570
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.09.30
Excerpt: ...rs”). On August 5, 2022, defendants filed a motion to quash service of summons claiming that service of the summons was not properly effectuated. On August 26, 2022, the court denied the motion to quash. On September 15, 2022, defendants filed this general demurrer to plaintiff's complaint on the grounds that (1) the complaint does not state facts sufficient to constitute a cause of action and (2) that the three‐ day notice to pay rent or qui...
2022.09.30 Motion for Sanctions 716
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.09.30
Excerpt: ...any, LLC, by the Los Angeles Superior Court (LASCt), after years of litigation. In that court, the Honorable Yvette M. Palazuelos entered a compensatory damage award of $20,411,067.23 against these defendants and in favor of Tribe on November 8, 2018. The punitive damage phase of the litigation then proceeded, ultimately resulting in a $7,000,000 punitive damage award against the defendants. Judgment was ultimately entered on August 27, 2019, on ...
2022.09.30 Motion to Compel Further Responses 945
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.09.30
Excerpt: ...further verified responses must fully comply with Code of Civil Procedure sections 2031.210, 2031.220, 2031.230, and 2031.240. Except as otherwise granted, the motion is denied. Background: This action arises out of an alleged failure by defendants Robert Hunter (Hunter) and Continental Store Equipment Co., Inc.'s (CSE), to return a good faith deposit to plaintiff Kipp Young (Young). (Complaint, ¶ BC‐2.) The deposit was provided to Hunter and ...
2022.09.30 Motion to Set Aside Default, Judgment 915
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.09.30
Excerpt: ... the premises, (2) Costs incurred in the proceeding, and (3) Forfeiture of the agreement. Plaintiff's proof of service indicates that the summons, complaint, mandatory cover sheet and prejudgment claim of right to possession were served via substituted service on July 25, 2022 by leaving the documents with co‐defendant Michael Chavez (a person over the age of 18) at the dwelling house or usual place of abode of Liliana Sanchez. Plaintiff therea...
2022.09.28 Motion to Compel Deposition of PMQ 362
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.09.28
Excerpt: ...ndance of a Person Most Qualified and Custodian of Records of Defendant General Motors LLC, And Request for Sanctions RULING 1. For the reasons set forth herein, the motion to compel the deposition attendance of a person most qualified and custodian of records of defendant General Motors LLC, and production of documents, is granted in part and denied in part. 2. The motion is granted to require defendant General Motors, LLC to produce for deposit...
2022.09.27 Demurrer, Motion to Strike 575
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2022.09.27
Excerpt: ...hip agreement, (3) breach of fiducial duty, (4) constructive fraud, (5) fraud based in intentional misrepresentation, (6) fraud based on concealment, (7) promissory fraud, (8) negligent misrepresentation, (9) breach of contract, (10) breach of implied covenant of good faith and fair dealing, (11) promissory estoppel, (12) financial elder abuse, (13) common count, (14) violation of Code of Civil Procedure section 871.1, (15) accounting, (16) decla...
2022.09.26 Motion for Summary Judgment, Adjudication 937
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.09.26
Excerpt: ...d/or Adjudication ATTORNEYS: For Plaintiffs Daniel Laurin O'Keefe, Kelly Anne O'Keefe, Individually, and as the Surviving Heirs, Personal Representatives, Successors in Interest of Decedent, Connor Edward O'Keefe, and/or as Administrators or Executors of the Estate of Connor Edward O'Keefe: Deborah S. Chang, Candice S. Klein, Sarah S. Kim, Chang | Klein LLP; Daniel W. Johnson, Berglund & Johnson Law Group For Defendant County of Santa Barbara: Ra...
2022.09.16 Motion for Sanctions 645
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.09.16
Excerpt: ...ed on any improperly asserted objections, it shall produce any such document to plaintiff on or before September 28, 2022. In addition, the Court awards sanctions in favor of plaintiff against Raytheon in the amount of $5,910, payable to plaintiff's counsel. Payment of sanctions is due by October 16, 2022. Background: In her First Amended Complaint (FAC), plaintiff Caron Vranish asserts eight causes of action against defendant Raytheon Company (R...
2022.09.16 Demurrer, Motion to Strike 922
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.09.16
Excerpt: ...d below, the motion to strike the promissory estoppel cause of action and the prayer for attorneys' fees were rendered moot by this Courts rulings on the demurrers. Plaintiffs may file any amended complaint on or before September 30, 2022, or such other date as this Court may specify at the hearing on these matters. BACKGROUND: Plaintiffs Better Hoberman and Michael A. Hoberman (Hoberman) are alleged to be the beneficial owner and record title ow...
2022.09.16 Demurrer, Motion to Strike 872
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.09.16
Excerpt: ...ause of action (inverse condemnation). (2) Subject to the qualifications set forth herein, the motion of defendants Plains All American Pipeline, L.P., and Plains Pipeline, L.P., to strike paragraph 217 of plaintiffs' fourth amended complaint is granted without leave to amend. (3) Defendants Plains All American Pipeline, L.P., and Plains Pipeline, L.P., shall file and serve their answers to the 4AC, as it exists after this ruling, on or before Oc...
2022.09.14 Motion for Leave to Amend Petition for Writ of Mandate 683
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.09.14
Excerpt: ...a Barbara County Board of Supervisors Emails: mhofer@bhfs.com; lsomait@co.santa‐barbara.ca.us HEARING Petitioner's motion for leave to file First Amended Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief RULING The motion is granted. Petitioners/Plaintiffs are directed to separately file their First Amended Petition and Complaint forthwith. Background Petitioners and Plaintiffs Suzanne Duca, Amalia Coffey, and Dal...
2022.09.13 Demurrer 926
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2022.09.13
Excerpt: ...en (7) causes of action advanced in the second amended pleading, but before the demurrer/motion to strike could be heard on the merits, plaintiff asked for and was granted permission to file a fourth amended complaint. The fourth amended complaint was filed on July 12, 2022, and the defendants have once again have filed a demurrer and a motion to strike to the entire pleading. We have reached the final pretrial pleading denouement. Plaintiff adva...
2022.09.12 Motion to Prohibit Deposition in Person, for Protective Order Requiring Deposition be Conducted Remotely 190
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.09.12
Excerpt: ... Protective Order ATTORNEYS: For Plaintiff Richard Basulto: Ronald W. Makarem, Cameron A. Stewart, Makarem & Associates, APLC For Defendant Foodbank of Santa Barbara County: Molly Thurmond, Cyrus Khosh‐Chashm, Tristan Verburgt, KVT Law Group, LLP TENTATIVE RULING: Plaintiff's motion is granted. Background: This is a wrongful termination lawsuit brought by plaintiff Frank Anthony Basulto against defendant Foodbank of Santa Barbara. As alleged in...
2022.09.12 Motion for Summary Judgment 423
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.09.12
Excerpt: ...am Kundu: Thomas D. Sands TENTATIVE RULING: The motion of plaintiff Discover Bank for summary judgment is granted. Plaintiff Discover Bank is entitled to judgment in its favor against defendant Anupam Kundu in the principal amount of $30,712.93. Plaintiff shall give written notice of this order. Background: On February 1, 2022, plaintiff Discovery Bank filed its complaint in this action against defendant Anupam Kundu asserting causes of action fo...
2022.09.12 Motion for Attorney Fees 861
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.09.12
Excerpt: ... Relations, Division of Labor Standards Enforcement For Defendant and Appellant Heritage Recovery, Inc.: Leslie A. McAdam, Ferguson Case Orr Paterson LLP TENTATIVE RULING: The court grants the motion and awards attorney's fees in the amount of $40,950 in favor of plaintiff and respondent Perla Lopez and against defendant and appellant Heritage Recovery, Inc. In addition, the clerk shall enter costs on the judgment in the amount of $755.24. Backgr...

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