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726 Results

Location: Santa Barbara x
2020.03.24 Motion to Compel Arbitration 672
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2020.03.24
Excerpt: ... double time wages; (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. On Calendar Defendant Investment Concepts, Inc. moves for an order compelling arbitration. The hearing was set for January 28, 2020. Opposition was filed on January 14, 2020. Rep...
2020.03.24 Motion to Amend Admission 578
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2020.03.24
Excerpt: ...for payment. Defendant Jose Orozco (“Orozco”) personally guaranteed all of Triple J's obligations under the Agreement. Beginning in June 2017, Triple J failed to pay plaintiff's invoices. Seven invoices remain unpaid, in the total amount of $29,169.68. Plaintiff filed its complaint on November 9, 2018, alleging breach of contract and three common counts against Triple J's. Plaintiff also alleged a cause of action for breach of personal guaran...
2020.03.24 Demurrer 217
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2020.03.24
Excerpt: ...y the statute of limitations because the amendment substituting Emilee Follett was filed more than two years after the date the incident occurred. An action for injury caused by the wrongful act of another must be pled within two years from the date of the incident. (Code Civ. Proc., § 335.1.) Code of Civil Procedure section 474 permits a plaintiff to amend complaints by adding parties as Doe defendants “[w]hen the plaintiff is ignorant of the...
2020.03.18 Motion to Quash Deposition Subpoena 174
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2020.03.18
Excerpt: ...ealing certain documents filed in opposition to defendant's motion to compel is granted. BACKGROUND: In this matter, plaintiff Destiny Hitchcock alleges that she suffered carbon monoxide poisoning from a defective heater while renting a room at 1105 North Ontare Road, Santa Barbara, California 93105. The property is owned by defendant Sandra Castellino, individually and as trustee of the Sandra Castellino Living Trust 1/29/15. Plaintiff resided a...
2020.03.18 Demurrer 987
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2020.03.18
Excerpt: ...) is a Texas limited liability company and the owner of the Property. SB Riviera's principals are Mark Brinkman and Leigh Brinkman (“Brinkmans”). In 2014, the Brinkmans engaged the services of defendant Philippa Davis (“Davis”) to locate a residential property in Santa Barbara. Davis is a residential salesperson with defendant Village Properties, Inc. (“Village Properties”). Defendant Edward Alan Edick (“Edick”) is a licensed Ca...
2020.03.17 Motion for Recovery of Attorney Fees 351
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.03.17
Excerpt: ...Beach, Shawn Hagerty, Best Best & Krieger LLP RULING: For the reasons set forth herein, the motion of plaintiff for an award of attorney and expert fees pursuant to Code of Civil Procedure section 1036 is granted in part. The Court awards to plaintiff reasonable attorney fees and costs actually incurred because of this inverse condemnation proceeding in the amount of $1,007,397.00. Background On July 31, 2017, plaintiff Thomas Felkay, as trustee ...
2020.03.17 Application to Appear Pro Hac Vice, Demurrer, Motion to Stay or Dismiss 647
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.03.17
Excerpt: ...R. Cagle, III (Hirschler Fleischer, PC – Richmond, Virginia) For Defendant Westerlay Orchids: Mark T. Coffin For Defendants Persoon: Nathan C. Rogers (Rogers, Sheffield & Campbell) Rulings: 1. The Court sustains the demurrer of defendants Westerlay Orchids LP; Antoine Overgaag, aka Toine Overgaag; RJW Equity Partners, LLC; TKO Properties, LLC; and Natural Fragrance Rose, LLC, to the second and fifth causes of action in plaintiff Perfected Rose,...
2020.03.16 Motion for Prejudgment Possession 001
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.03.16
Excerpt: ...Grassini Qualified Personal Residence Trust, udt date July 18, 2000, as to an undivided one half interest, and Kathleen S. Grassini: Trustee or any Successor Trustee of the Kathleen S. Grassini Qualified Personal Residence Trust, udt date July 18, 2000, as to an undivided one half interest: Todd A. Amspoker, Price, Postel & Parma LLP RULING: To address the issues set forth herein, the motion of plaintiff County of Santa Barbara for an order for p...
2020.03.16 Motion for Leave to File Amended Complaint 958
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.03.16
Excerpt: ...g, Guru Thapar, and Forward Beverly Hills, Inc. dba Keller Williams RULING: The motion is granted. Mr. Aguila is directed to separately file his Second Amended Cross-Complaint by April 26. Because PRFM and Mortgage Co. of Santa Barbara, Inc. have settled the action with Aguila, subject to the court's determination that the settlement was entered into in good faith, they need not respond to the complaint at this time. Should the motion be granted,...
2020.03.13 Motion for Sanctions 263
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.03.13
Excerpt: ...before March 30, 2020, plaintiff Taryn Intravartolo shall serve further responses, personally verified by Intravartolo and in a form complying with the Code of Civil Procedure without objection except as to privilege, to defendants' form interrogatories, set one, No. 17.1, as that interrogatory relates to plaintiff's responses to defendants' requests for admission, set one, Nos. 4, 5, 6, 8, 9, 10, 11, and 14, and shall serve further responses, pe...
2020.03.13 Demurrer, Motion to Strike 555
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.03.13
Excerpt: ...rs stricken the prayer for attorney fees at page 17, line 19, of plaintiffs' complaint. The court denies the motion in all other respects. Background: This action arises out of a lease between plaintiff High Sierra Grill Santa Barbara, Inc. (“HSG”) and defendant City of Santa Barbara, and HSG's attempts to assign the lease to plaintiff Flightline Restaurant, LLC (“FRL”). Plaintiffs Flightline; HSG; and HSG's principals, Manuel Perales, Ma...
2020.03.11 Demurrers 891
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2020.03.11
Excerpt: ...ch 23, 2020. 2. The court sustains defendant Royal Sun & Alliance Insurance PLC's demurrer to the seventh cause of action in plaintiff Start, Inc.'s first amended complaint with leave to amend. The court overrules the demurrer to the third cause of action. If plaintiff Start, Inc. chooses to amend the negligent misrepresentation cause of action, it shall file a second amended complaint on or before March 23, 2020. If plaintiff does not amend the ...
2020.03.11 Motion to Change Venue 204
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2020.03.11
Excerpt: ...ean A. Chung, the first ending in number 2002 and the second ending in number 4006. Defendant used the credit cards to purchase goods and services totaling $16,526.03 on card 2002 and $16,185.24 on card 4006 ($32,711.27 total for both cards). No part of these sums has been paid, although demand for payment in the form of monthly billing statements has been sent to defendant. On June 18, 2019, plaintiff filed its complaint alleging causes of actio...
2020.03.11 Motion to Vacate Judgment 554
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2020.03.11
Excerpt: ...Butler in Flightline Restaurant, LLC, for the unsatisfied amount of the judgment herein. Counsel for judgment creditor shall prepare an order. Background: On December 18, 2017, defendant Warren Butler, dba Butler Event Center, executed a Confession of Judgment Statement confessing judgment in favor of plaintiff Kellogg Square, LLC. Also on December 18, 2017, defendant's counsel, Reed H. Olmstead, executed an Attorney's Declaration in Support of C...
2020.03.10 Motion for Summary Judgment 511
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.03.10
Excerpt: ...o be held on March 18 and 19. Trial Briefs, in limine motions, witness lists, exhibit lists all due Friday March 13. Background The case was on calendar on 2/25/20; at that time the Court said in its extensive tentative ruling that: “Plaintiff's Contentions: The motion for trial preference was filed 1/23/20; the Court summarizes here; the case is a Commercial Unlawful Detainer action. Plaintiff requests that the case be set for trial for a date...
2020.03.10 Motion for Approval of Class Action Settlement 982
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.03.10
Excerpt: ...ide a due diligence declaration; (2) Deadline for Class Counsel to file for Final Approval; and (3) The hearing date for Final Approval. Analysis This is Plaintiffs Roberto Ramirez' and Richard Hockison's unopposed motion, on behalf of themselves and the putative class, for the following orders: (1) Preliminarily Approving Settlement of Plaintiffs' Class Claims; (2) Provisionally Certifying the Settlement Class; (3) Approving the Class Notice and...
2020.03.10 Demurrer 217
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2020.03.10
Excerpt: ...y the statute of limitations because the amendment substituting Emilee Follett was filed more than two years after the date the incident occurred. An action for injury caused by the wrongful act of another must be pled within two years from the date of the incident. (Code Civ. Proc., § 335.1.) Code of Civil Procedure section 474 permits a plaintiff to amend complaints by adding parties as Doe defendants “[w]hen the plaintiff is ignorant of the...
2020.03.06 Motion to Compel Deposition 727
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.03.06
Excerpt: ...f the documents sought by Federal have been produced at least 14 days prior to the deposition date (if they have not already been produced). The hearing on Western's motion for summary judgment on its first amended complaint, currently scheduled for March 20, 2020, will be continued to May 1, 2020. Supplemental opposition and reply papers may be filed by the parties, related solely to information obtained from or discussed in the PMQ deposition, ...
2020.03.06 Motion for Summary Judgment 566
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.03.06
Excerpt: ...CRC 3.1351(b). Background: This is an action for unlawful detainer following a foreclosure sale. In its complaint, plaintiff Strategic Emerging Economics, Inc. (“SEE”), alleges: SEE is the owner of real property located at 4630 Via Vistosa in Santa Barbara, having acquired the property at a trustee's sale on November 27, 2019. Defendants David Shor and Judi Shor (collectively “Shor” or “defendants”) are the former owners of the Proper...
2020.03.06 Motion for Summary Adjudication 513
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.03.06
Excerpt: ...not completely dispose of the ninth affirmative defense. BACKGROUND: This action arises out of a neighbor dispute. As alleged in the complaint, plaintiffs James Roberts and Danielle Roberts own and reside at 365 Oak View Lane, Santa Barbara. Defendants James Foster and Sandra Russell own and reside at 375 Oak View Lane, Santa Barbara. Both the Roberts property and the Foster/Russell property are governed by the recorded Covenants, Conditions, and...
2020.03.03 OSC Re Preliminary Injunction Restraining Order 257
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.03.03
Excerpt: ... the reasons set forth herein, the motion of plaintiff Beacon Pointe Wealth Advisors, LLC, for issuance of a preliminary injunction is denied. The temporary restraining order and order to show cause re issuance of preliminary injunction filed by the Court on January 30, 2020, is dissolved and discharged. Background This is an order to show cause re issuance of a preliminary injunction after issuance of a temporary restraining order. The Court has...
2020.03.03 Motion to Strike Costs, to Tax Costs 710
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.03.03
Excerpt: ... Nykeemah McClendon, Law Office of Marvin P. Velastegui RULING: (1) For the reasons set forth herein, the motion of plaintiff Michele Siegan to strike the memorandum of costs of defendant Taylor Rae Person is granted and the memorandum of costs of defendant Person is ordered stricken. (2) For the reasons set forth herein, the motion of defendant Taylor Rae Person to strike or to tax costs of plaintiff Michele Siegan is granted in part. The motion...
2020.03.03 Motion to Strike and Tax Costs 351
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.03.03
Excerpt: ... of Santa Barbara [“City”] RULING: The motion is granted as to $615 in filing and motion fees; in all other respects the motion is denied. As a result, costs will be allowed in the total amount of $8,616.68. Background After plaintiff prevailed at trial, he filed a Memorandum of Costs seeking a total of $9,231.68 in costs. City now seeks to tax $7,947.15 of the claimed costs. Specifically, City challenges the $1500 claim for filing and motion...
2020.03.03 Motion for Publication of Summons 334
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.03.03
Excerpt: ...fs are Misael Espinoza and Luis Espinoza. Defendant is Alan Raymond Ewing. Plaintiff previously moved for an order authorizing service of defendant by publication. That motion was denied on January 7, 2020, based upon the failure of the motion to (a) include a memorandum of points and (b) the failure to include an affidavit demonstrating to the satisfaction of the Court that a cause of action exists against the party upon whom service is to be ma...
2020.03.02 Motions to Compel 591
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.03.02
Excerpt: ...laintiff McCoy Electric Corporation: Barton C. Merrill For Defendants, Cross-Complainants, and Cross-Defendants A. Stuart Rubin and Annette Rubin: Patrick C. McGarrigle, Michael J. Kenney, McGarrigle, Kenney & Zampiello For Cross-Defendant and Cross-Complainant The Las Canoas Co. dba Construction Plumbing: Daniel E. Engel TENTATIVE RULING: (1) The motion of cross-defendant Construction Plumbing to compel further responses to inspection demands is...

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