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2212 Results

Location: Santa Barbara x
2024.03.27 Motion to Compel Further Responses 285
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.03.27
Excerpt: ... e r a li SP A UK Branch, Ce rt ain Unde rwrite rs at Lloyd's and London Market Companies, Great Lakes Reinsurance (UK), Lloyd's Un de rwrite r Syndicate, Sompo Canopius dba Canopius Underwriting Agency Inc., Westport Insurance Corporat ion, Zurich Insurance PLC UK Branch, and Chubb Insurance Company of Canada: Ro n H . Burnovski, Charles W. Deutsch, Sava Alexander Vojcanin For Defendant Liberty Mutual Fire Insurance Company: Nicholas J. Boos. R ...
2024.03.27 Motion to Compel Further Deposition, Quash Subpoenas, Compel Compliance with Subpoenas 762
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.03.27
Excerpt: ...ee motions to compel that had been partially addressed previously and were continued for a further meet and confer. These motions were originally set for hearing on March 20. The Court tentatively set them for April 3 when other motions were c alendared; counsel objected and asked that they be addressed on March 20; the Court accommodated counsel and set them for March 27. Motions to: (1 ) Compel Further Deposition of Sansum Clinic's PMQ. (2) Qua...
2024.03.27 Motion for Summary Judgment 453
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.03.27
Excerpt: ...mmary judgment is denied. Ba c kgr o u n d O n Ap r il 6 , 2 0 2 3 , p la in t if f Ty le r P o w e ll f ile d a c o m p la in t f o r v io la t io n o f s t a t u t o r y obligations against defendant General Motors LLC (GM) alleging five causes of action: (1) violation of subdivision (d) of Civil Code section 1793.2; (2) violation of subdiv is io n (b ) Civ il Co d e s e c t io n 1 7 9 3 .2 ; (3 ) v io la t io n o f s u b d iv is io n (a )(3 ) ...
2024.03.25 Motion for Leave to Amend Complaint 060
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2024.03.25
Excerpt: ...kground: This action commenced on January 7, 2022, by the filing of an unlawful detainer complaint by plaintiff Raymond Briare (“plaintiff”) against his son, defendant Timothy Briare (“defendant”). By way of the original complaint, plaintiff alleges that defendant resides at premises located at 7149 Armstrong Rd., Goleta. (Complaint, ¶¶ 1 -3.) On October 1, 2019, defendant agreed to rent the premises on a month- to-month tenancy, for $0...
2024.03.25 Motion to Set Aside Default Judgment 383
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2024.03.25
Excerpt: ...red on January 5, 2024, and the default judgment by court entered on January 26, 2024, are vacated and set aside. Background: Plaintiff Ismael Beserra filed his original complaint against defendant Daniel Stehno on June 5, 2023. On July 21, 2023, defendant filed a demurrer to the complaint filed by plaintiff, setting the hearing on the demurrer for August 28, 2023. Plaintiff filed a first amended complaint (the FAC) on August 21, 2023. On August ...
2024.03.25 Motion to Set Aside and Vacate Prior Order of Dismissal, for Entry of Judgment 206
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2024.03.25
Excerpt: ... : Robert S. Kennard and Daniel Soo For Defendant Daniel B. Sperling : No Appearance TENTATIVE RULING : Plaintiff Bank of America N.A.'s motion for order setting aside dismissal and for entry of judgment pursuant to Code of Civil Procedure section 664.6 is denied. Background: This action commenced on September 27, 2019, by the filing of the complaint by plaintiff Bank of America, N.A. (“BofA”) against defendant Daniel B. Sperling (“defendan...
2024.03.22 Motion to Vacate Summary Judgment, Reinstate, and Exonerate Bail Bond 612
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.03.22
Excerpt: ...ff County of Santa Barbara: Rachel Van Mullem, Daniel Lopez For Defendant American Surety Company: John M. Ro r a b a u g h TEN TATIVE RULIN G : American Surety Company's motion to vacate summary judgment, reinstate, and exonerate bail bond is denied. Background: On July 16, 2021, in criminal case No. 21CR05624, defendant American Surety Company (“ASC”) posted bond number AS100 -161926, in the amount of $100,000.00, for the release of crimina...
2024.03.22 Motion to File Records Under Seal 612
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.03.22
Excerpt: ...r Seal 2. Nina Johnson's Motion to File Records Under Seal 3. City Of Santa Barbara's Motion for Judgment on the P le a d in g s ATTO RN EYS : Fo r P la in t iff Nin a J o h n s o n : Christina A. Humphrey, Robert N. Fis h e r , Ch r is t in a H u m p h r e y La w , P .C. For Defendant City of Santa Barbara: Sa ra h J. Kn e c h t , To m R. Shapiro, John S. Doimas, Office of the City Attorney TEN TATIVE RULIN G : For all reasons discussed herein: ...
2024.03.22 Motion to Compel Further Responses 207
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.03.22
Excerpt: ...RN EYS : For Pla int iff Ferna ndo Ca st ro -Ra m ir e z : Nancy Zhang, Corinna Jiang, Consumer Law Experts, PC For Defendant General Mot ors, LLC : Mary Are ns McBride , Ryan Kay, Erskine Law Gr o u p , P C TEN TATIVE RULIN G : (1) For all reasons discussed herein, the motion of plaintiff to compel further responses and documents to plaintiff's request for production of documents, set o n e , is d e n ie d w it h o u t p r e ju d ic e . (2) Plai...
2024.03.22 Motion for Consolidation 230
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.03.22
Excerpt: ... 2024 HEARING : (1) Case Number 22CV01182: Motion Of Plaintiffs India Kenan, a minor by and through her guardian ad litem Benjamin Kenan, and Be n ja m in Ke n a n 's Fo r Co n s o lid a t io n (2) Case Number 22CV01230: Motion Of Plaintiffs Jameson Moore, a minor by and through his guardian ad litem Katy Kelly, M.D., Jackson Moore, a minor by and through his guardian ad litem Derek Moore, M.D., and Derek Moore, M.D., For Consolidation ATTO RN EY...
2024.03.22 Motion for Consolidation 182
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.03.22
Excerpt: ...HEARING : (1) Case Number 22CV01182: Motion Of Plaintiffs India Kenan, a minor by and through her guardian ad litem Benjamin Kenan, and Be n ja m in Ke n a n 's Fo r Co n s o lid a t io n (2) Case Number 22CV01230: Motion Of Plaintiffs Jameson Moore, a minor by and through his guardian ad litem Katy Kelly, M.D., Jackson Moore, a minor by and through his guardian ad litem Derek Moore, M.D., and Derek Moore, M.D., For Consolidation ATTO RN EYS : Fo...
2024.03.20 Demurrer, Motion to Strike 405
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.03.20
Excerpt: ...Sure Manageme nt t o Plaint iff's complaint is overrule d. (2) For all reasons discussed herein, the motion of Defendant Sure Oil & Chemical Corp. dba Sure Management to strike portions of Plaintiff's complaint is d e n ie d . (3) Defendant shall file and serve its answer to Plaintiff's complaint on or before April 2, 2024. Ba c kgr o u n d On December 6, 2023, Plaintiff Soukeyna M. Gresham -Moore filed a complaint against Defendants Sure Oil & C...
2024.03.20 Motion to Dismiss 863
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.03.20
Excerpt: ...ndant Jose Cervantes' motion for order of d is m is s a l is d e n ie d . Ba c kgr o u n d This action commenced on November 2, 2023, by the filing of the complaint by Plaintiff Velocity Investments, LLC (“Velocity”) against Defendant Jose Cervantes for breach of contract and open book account. Velocity alleges that Cervantes took out a credit a ccount from Cross River Bank and failed to make payments as agreed. Velocity bought the debt and a...
2024.03.18 Motion for Summary Judgment 232
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2024.03.18
Excerpt: ...n C. Von Dollen , individually and dba De lw ic h e & Vo n Do lle n : Michael McCarthy, Kenny C. Brooks, Nemecek & Cole TEN TATIVE RULIN G : The motion of defendant Steven C. Von Dollen, individually and dba Delwiche & Von Dollen for summary judgment is denied. Background: In their operative pleading, the first amended complaint (FAC), plaintiffs Joseph Bo h n e t t a n d Sa n d y Bo h n e t t (c o lle c t iv e ly , p la in t if f s ) a lle g e :...
2024.03.15 Motion to be Relieved as Counsel, for Summary Judgment 597
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.03.15
Excerpt: ...nted For Defendant Fiore Management, Inc. : Fre de rick W arre n Strasser, FW Strasser Associates LLC TEN TATIVE RULIN G : (1 ) For the reasons set forth herein, the hearing on the motion of counsel for defendant Fiore Management, Inc., attorney Frederick Warren Strasser, is continued to April 26, 2024. Attorney Strasser shall serve the moving papers together with this ru ling continuing the hearing on Fiore Management on or before April 5, 2024,...
2024.03.15 Demurrer, Motion to Strike 752
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.03.15
Excerpt: ...n ad litem Julia E. Briscoe a nd Julia E. Briscoe: J u lia E. Br is c o e For Defendants Tracie Simolon and the Archdiocese of Los Angeles Education & Welfa re Corpora t ion : Fre d Grannis TEN TATIVE RULIN G : (1) For all reasons discussed herein, the demurrer of defendants to plaintiffs' complaint is sustained, in part and with leave to amend as to the second, third, fourth, and fifth causes of action alleged in the complaint and titled as, re ...
2024.03.13 Motion for Judgment on the Pleadings 376
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.03.13
Excerpt: ...en, and Milden, LLC : Bert H. Deixler, P a t r ic k J . So m e r s , D a v id T. Fr e e n o c k, Ke n d a ll Br ill & Ke lly LLP Issue Motion of Defendants for Judgment on the Pleadings R U LI N G For the reasons discussed herein, the motion of Defendants for judgment on the pleadings is denied. The Court on its own motion strikes the words “sixteenth cause of action” from page 32, line 10 of the first amended complaint as improper mat t e r ...
2024.03.13 Motion for Judgment on the Pleadings 184
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.03.13
Excerpt: ... Br ill & Ke lly LLP Issue Motion of Defendants for Judgment on the Pleadings R U LI N G For the reasons set forth herein, the motion of Defendants Angela Scott, Scott Milden, and Milden, LLC, for judgment on the pleadings is granted, with leave to amend, as to the second through ninth causes of action of the first amended complaint and is den ie d a s t o t h e f ir s t c a u s e o f a c t io n . P la in t if f Bu i Sim o n s h a ll file and ser...
2024.03.11 Motion to Transfer and Consolidate 222
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2024.03.11
Excerpt: ...l La w y e r s For De fe nda nt Aysh a Da vis : Christ ophe r P. W e sie rski, Kat hryn J. Harve y, W e sie rski & Z u r e k LLP For Opposing Nonpart y Wawanesa General Insurance Company : Peter H. Klee, Thomas R. Proctor, Sheppard, Mullin, Richter & Hampton LLP TEN TATIVE RU LIN G : The motion of plaintiffs to transfer and consolidate is denied without prejudice. Background: Th is a c t io n a r is e s f r o m a m o t o r v e h ic le c o llis io...
2024.03.11 Motion for Preliminary Approval of Class Action Settlement 417
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2024.03.11
Excerpt: ... int iff Cody Pa rker: Jonathan Melmed, Megan E. Ross, Hannah Becker, Melmed Law Group P.C. For Defendant The Clary Group, L.L.C. : Douglas J. Farmer, Allison J. Fernandez, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. For Defendant JBS Energy Solutions California LLC: David D. Cardone, Bradley A. Lebow, Adam J. Yarbrough, Dunn DeSantis Walt & Kendrick TEN TATIVE RU LIN G : Plaintiff's motion for an order granting preliminary approval of class a...
2024.03.11 Anti-SLAPP Motion 789
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2024.03.11
Excerpt: ...ss -Complainants Viranda Singh, Rehanna Singh, and The V. Singh Family Living Trust, UTD, 1 1 / 2 9 / 2 0 0 4 : Robert L. Sco t t TEN TATIVE RU LIN G: Plaintiff and cross -defendant Jason Leggitt's anti -SLAPP motion is granted as to the sixth cause of action contained in the Singh's cross -c o m p la in t f o r interference with prospective advantage, and that cause of action is stricken. Background: This action commenced on July 20, 2022, by th...
2024.03.08 Demurrer, Motion to Strike 736
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.03.08
Excerpt: ...ation of municipal ordinances. 3. Defendants' motion to strike is denied in its entirety. 4. Plaintiffs shall file and serve their third amended complaint no later than March 29, 2023. Background: This action commenced on June 27, 2023, by the filing of the complaint by plaintiffs Haley Christina Thomas and Alexandre Hort (collectively “plaintiffs”) against defendants Jill Dore Kent and Martin Mielko (collectively “defendants”) setting fo...
2024.03.08 Demurrer, Motion to Strike 348
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.03.08
Excerpt: ...use of action, first paragraph no. 1 (“For disgorgement of all sums paid under the illegal Construction Agreement”); prayer for relief, first cause of action, first paragraph no. 3 (“For attorney's fees”); and prayer for relief, second cause of action, second paragraph no. 2 (“For attorney's f e e s ”). (3) Leave to amend granted herein is limited to providing further allegations relating to any claim for disgorgement and or attorney'...
2024.03.08 Demurrer, Motion to Strike 809
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.03.08
Excerpt: ...e and serve their answer to plaintiff's first amended complaint on or before March 18, 2024. Background : On February 28, 2023, plaintiff David McKay filed a complaint against defendants Hopp Technologies, Inc., (Hopp), Fabrice Allain (Fabrice), Antoine Allain (Antoine), Ratna Madeka (Madeka); Matt Barnes (Barnes), Khalid Taylor (Taylor), and Ray Young (Young) (collectively, defendants), alleging nine causes of action: (1) fraud; (2) civil conspi...
2024.03.08 Motion to Strike 330
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.03.08
Excerpt: ...s or costs will be awarded. Background: This action commenced on August 1, 2023, by the filing of the complaint by plaintiff J. Blair Pence II against several defendants including Richard D. Starnes, individually and dba RDS Architecture & Planning (collectively “Starnes”), Mark Thomas Ventura, individually and dba Ventura Pools, Ventura Pools, Inc., dba Ventura Pools, Scott Joseph Ventura, individually and dba Ventura Pools, Microplasma Ozon...
2024.03.06 Motion for Approval of PAGA Settlement 465
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.03.06
Excerpt: ...nd Bryan W. Edgar For Defendant Aaron Mayer : No appearance. R U LIN G For the reasons set forth herein: The motion for approval of settlement under the private attorney's general act is denied without prejudice. Background Plaintiff Alejandro Mazantini, on behalf of himself and all similarly situated, filed his original representative action for PAGA penalties on June 8, 2023, against Defendants Mission Park Health Center, Pacificare Health Mana...
2024.03.06 Demurrer to TAP for Writ of Mandate and Declaratory and Injunctive Relief 818
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.03.06
Excerpt: ...J u s t in P . W y n n e o f California Dept. of Transp. Legal Division for Caltrans R U LIN G For the reasons more fully articulated below, the demurrer will be sustained, without leave to amend. BACKGRO UN D P e t it io n e r Co a s t a l Ra n c h e s Co n s e r va n c y (CRC) file d it s o r igin a l ve r ifie d P e t it io n fo r Writ of Mandate and Declarat ory and Injunctive Relief on July 2 2 , 2 0 2 2 , and its First Amended Petition on S...
2024.03.04 Motion for Leave to File SAC 365
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2024.03.04
Excerpt: ...a : Se lf -Represented For Defendant Ms. Gooch's Nat ural Food Market s, Inc. dba Whole Food s Ma rke t , Stephanie Botello, Julisa Perez, Makenzie Champion, Jacob Foley, Da nie lle Ive rson, Ge orge La za ro, Ka t hy Wise , Silvia Brown, a n d Sylvia Silva : Matthew E. Bennett TEN TATIVE RU LIN G : Plaintiff's motion for leave to file second amended complaint is denied. Background: Plaintiff Susan Lea (“Lea”) filed her original verified comp...
2024.03.04 Demurrer 263
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2024.03.04
Excerpt: ...er Entrekin TEN TATIVE RU LIN G : The demurrer to plaintiff's complaint is sustained without leave to amend. Background: This action was commenced on January 18, 2024, by the filing of the complaint for unlawful detainer by Blue Horizon Property Management Company (“Plaintiff”) against Lana Perfect (“Defendant”). The complaint alleges that defendant has been renting premises located at 1711 De La Vina Street, Unit B, Santa Barbara, within...
2024.03.04 Motion to Compel Production of Docs 083
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2024.03.04
Excerpt: ...demand), set eight; (2) responses by defendant Moseley to plaintiff's requests for production of documents (inspection demand), set nine; and (3) responses by defendant Moseley to plaintiff's spec ia l in t e r r o g a t o r ie s , s e t f o u r . The remaining seven motions were filed by moving party plaintiff People on February 7, with an original hearing date of April 15. These motions are motions to compel: (4) responses by defendant Moseley ...
2024.03.01 OSC Re Sanctions, Demurrer, Motion to Strike 417
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2024.03.01
Excerpt: ... shall file and serve her second amended complaint no later than March 22, 2023. c. Plaintiff may remove causes of action but may not add any new causes of action without first following the proper procedure for doing so. 2 . D e f e n d a n t 's m o t io n t o s t r ike p o r t io n s o f p la in t if f 's f ir s t a m e n d e d c o m p la in t is taken off-calendar as moot. Background: On June 7, 202, plaintiff Sheba Lux, trustee of the Sheba L...
2024.03.01 Motion for Summary Judgment, Adjudication 239
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2024.03.01
Excerpt: ... the motion of defendants Hope Ranch Park Homes Association, Marco Del Chiaro, and Jill Van Zebroeck for summary a d ju d ic a t io n is d e n ie d in it s e n t ir e t y . Background: (Note: Plaintiff and cross-defendant Max Liskin, Trustee of the Max Liskin Trust dated July 18, 2003, is referred to herein as Liskin or plaintiff. Defendant and cross -complainant Creciente, LLC, and defendants Marc A. Lowe, and Pauline Lo w e a r e c o lle c t iv...
2024.03.01 Demurrer, Motion to Strike 412
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2024.03.01
Excerpt: ...intiff's second amended complaint no later than March 22, 2024. Background: On June 27, 2022, plaintiff Danielle Sue Blum (Blum) filed her original complaint in this matter alleging one cause of action against the California Department of Parks and Recreation (the Department) for dangerous condition of public property. On November 28, 2022, Blum filed a first amended complaint (the FAC) against the Department alleging the same sole cause of actio...
2024.03.01 Demurrer 471
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2024.03.01
Excerpt: ...en), Trustees of the Shevitz Family Trust, Dated August 6, 2013 (c o lle c t iv e ly, p la in t if fs ), f ile d a c o m p la in t fo r s p e c if ic p e r f o r m a n c e a n d d a m a g e s against defendants Bradley G. Vernon, Shannon Vernon, Shaun Lynch (Lynch), and Evoke Design, Inc. (Evoke), alleging five causes of action: (1) breach of contract – specific performance; (2) breach of implied covenant of good faith and fair dealing; (3) neg...
2024.02.28 Motion for Judgment on the Pleadings 100
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.02.28
Excerpt: ...iscussed herein, the motion of Defendant Carpinteria Unified School District for judgment on the pleadings is ordered off -calendar. Background On December 21, 2022, Plaintiff Roxanne Coles filed a complaint in this matter alleging seven causes of action against Defendants Carpinteria Unified School District (the District) and Veronica Gallardo (Gallardo): (1) failure to prevent d is c r im in a t io n in violation of Government Code section 1294...
2024.02.28 Motion for Summary Judgment 717
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.02.28
Excerpt: ...lls Fargo shall modify the proposed judgment to remove the costs. Costs are appropriately claimed by way of a memorandum of costs pursuant to California Rules of Court, rule 3.1700. The trial date of 4/ 17/ 24 is vacated. Background This action commenced on June 26, 2023, by the filing of the complaint by Plaintiff Wells Fargo Bank, N.A. (“Wells Fargo”) against Defendant Brandon Vargas setting forth causes of action for breach of written cont...
2024.02.28 Motion to Strike Punitive Damages 450
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.02.28
Excerpt: ...n, the motion of Defendants to strike punitive damages is granted, in part, with leave to amend. The following matters shall be stricken from Plaintiff's first amended complaint: (1) the term “punitive damages” appearing in p aragraph 14(a)(2) of the first amended complaint; and (2) the entirety of the first paragraph of Attachment 14.a(2) only, beginning with “[a]s to all causes of action” and ending with “Civil Code § 3294(c)”. Exc...
2024.02.26 Motion to Set Aside Dismissal, for Entry of Judgment 507
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2024.02.26
Excerpt: ...greement (CCP § 664.6.) ATTO RN EYS : Fo r P la in t iff Ba n k o f Am e r ic a , N.A. : Robert S. Kennard and Daniel Soo For Defendant Adam Deshaies : No Appearance TEN TATIVE RU LIN G : The motion of plaintiff Bank of America N.A. for an order setting aside dismissal and for entry of judgment pursuant to Code of Civil Procedure section 664.6 is denied. Background: This action commenced on February 8, 2022, by the filing of the complaint by pla...
2024.02.26 Motion for Terminating, Issue, Evidentiary Sanctions, for Monetary Sanctions 978
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2024.02.26
Excerpt: .... 21CV04978 consolidated with Case No. 20CV02833 He aring Dat e : February 26, 2024 M ATTER : Defendants' Motion For Terminating Sanctions or, Alternatively, Issue and/ or Evidentiary Sanctions and for Imposition of Monetary Sanctions Against Plaintiff Jesse Zaragoza ATTO RN EYS : Fo r P la in t iff a n d Cr o s s -Defendant Jesse Zaragoza: Se lf Represented For Defendant s AG Roots, LLC, Heirloom Valley LLC, Wil Crummer, Jack Crummer, Keith Crum...
2024.02.26 Demurrer to SAC 752
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2024.02.26
Excerpt: ..., Daniel J. Podolsky, Koron & Podolsky, LLP For Defendants County of Ventura, Blake D. Heller, Miles Weiss, Lisa O. Lyytikainen, Andrew Sullivant , and Rachelle H. Dean : Elizabeth T. Arce, Dana L. Se g a l, Lie b e r t Ca s s id y W h it m o r e TEN TATIVE RU LIN G : The demurrer of defendants County of Ventura, Blake D. Heller, Miles Weiss, Lisa O. Lyytikainen, Andrew Sullivant, and Rachelle H. Dean to the third cause of action (harassment) of ...
2024.02.26 Motion to Strike 159
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2024.02.26
Excerpt: ...Gerard Pepe : Ale xa n d e r En t r e kin , Le g a l Aid Foundation of Santa Barbara County TEN TATIVE RU LIN G : The motion to strike of defendant Gerard Pepe is granted, in part, with leave to amend. The following matters shall be stricken from plaintiff's complaint: “late fees pursuant to Lease” appearing in paragraph 19(i)(2) of the complaint. Except as otherwise herein granted, the motion to strike of defendant is denied. Defendant shall...
2024.02.23 Motion to Seal 679
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.02.23
Excerpt: ...ngs and specifically references paragraphs 34, 37, and 38 as the portions of the FAC to be placed under seal. The remainder of t he FAC w ill b e in c lu d e d in t h e p u b lic f ile . Background: This action commenced on August 23, 2023, by the filing of the original class - action complaint by plaintiff Jane Doe against defendant Cottage Health (“Cottage”) asserting causes of action for: (1) Violations of Penal Code section 630, et seq.; ...
2024.02.23 Motion to Compel Further Responses 540
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.02.23
Excerpt: ... 115 will be limited in time to encompass 2021 to the date of production. 2. Ford shall provide further code -compliant verified responses, without objections other than as to privilege, no later than March 15, 2024. 3. Should any documents be withheld on claim of privilege, Ford shall s e r v e a p r iv ile g e lo g id e n t if y in g e a c h r e s p o n s iv e d o c u m e n t w it h h e ld on the grounds of privilege together with sufficient ad...
2024.02.23 Motion for Terminating Sanctions 848
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.02.23
Excerpt: ...iff's then -attorney moved to be relieved as counsel of record on July 13, 2022. Thereafter, on July 21, 2022, defendant served plaintiff with Form Interrogatories (Set 1), Special Interrogatories (Set 1), and a Request for Production of documents (Set 1). Although an extension of time to respond by September 22, 2022, was granted, no responses to the discovery were ever received. At a hearing conducted on September 30, 2022, plaintiff's attorney...
2024.02.23 Motion for Protective Order 181
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.02.23
Excerpt: ...f public property; (2) negligence; and (3) p r e m is e s lia b ilit y . As a lle g e d in t h e c o m p la in t : On February 28, 2021, plaintiff was riding his bicycle on Modoc Road north of the intersection with Ferrara Way in the City of Santa Barbara, County of Santa Barbara, State of California when he encountered temporary cones changing the road configuration an d s h if t in g v e h ic le t r a f f ic in h is d ir e c t io n . (Co m p la...
2024.02.23 Motion for Approval of Class Action and PAGA Settlement 779
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.02.23
Excerpt: ...re st bre aks, (5) failure to indemnify necessary business expenses, (6) failure to timely pay final wages at termination, (7) failure to provide accurate itemized wages statements, and (8) unfair business practices. By stipulation filed May 6, 2022, the parties stipulated to permit plaintiff to file a First Amended Complaint. The First Amended Complaint (found in the court file only as an attachment to the stipulation permitting its filing), rea...
2024.02.21 Motion for Protective Order, for Sanctions 762
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.02.21
Excerpt: ...s For the reasons set out below: 1. Defendants request that this Court grant a protective order to prevent any questioning of Dr. O'Callaghan and/ or Dr. Newman in the Jane Doe I case until such time as Defendants have been able to obtain Jane Doe II's deposition t e s t im o n y is GRAN TED . 2. Plaintiffs request for a motion to compel and sanctions, is continued to 3/ 20/ 24 at 10am, the same day set for the Court to rule on the Plaint...
2024.02.21 Demurrer, Motion to Strike 200
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.02.21
Excerpt: ...e & Case LLP, Nathan Ro g e r s , Ro g e r s , Sh e f f ie ld & Ca m p b e ll, LLP For Defendant Richard Dean Carson : J . P a u l Gig n a c , Cla ir e K. M it c h e ll, Rim o n , P .C. For Defendant ProHealth Inc. : Nick S. Pujji, Emma Moralyan, Dentons US LLP R U LIN G (1 ) For all reasons discussed herein, the demurrer of Defendant ProHealth Inc., to Plaintiff's complaint is sustained as to the seventh cause of action, with leave to amend. Exc...
2024.02.21 Motion for Issue, Evidentiary, and Monetary Sanctions 132
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.02.21
Excerpt: ...a hy : David J. Tappeiner For Defendants Channe Coles and The Law Office of Channe G. Coles : R. Ch r is Kr o e s For Defendants Patricia Wollum and Susan Reynolds : Ga b r ie lla L. St e r n f e ld , D a v id A. Nappe r, Gre gory K. Sabo For Defendant and Cross-Complainant Help Unlimited, Inc .: Brandt O. Caudill, Joan E. Tr im b le For Defendant Patrick Leahy : Se lf-Represented R U LIN G S For the reasons set forth herein: Defendant Channe Col...
2024.02.21 Motion for Summary Judgment, Adjudication 146
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.02.21
Excerpt: ...he motion of Defendant Karl Storz Imaging, Inc., for summary judgment or alternatively for summary adjudication is denied in its entirety. The MSC date of 3/ 1/ 24 and the Trial Date of 3/ 27/ 24 are confirmed. Do not request a continuance. The event leading up to the filing of the complaint occurred on 7/ 26/ 22; the case was filed in 12/ 2022; the trial date was set on 5/ 3/ 23 ; t h is is a ju r y t r ia l; t h e Co u r t h a s r e s e r v e d...
2024.02.21 Motion to Compel Responses, for Sanctions, Attorney Fees 147
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.02.21
Excerpt: ...Maureen Wo ot e n a n d VRTCAL Ma rke t s, In c. : Robert A. Curtis, Aaron L. Arndt, Jordan A. Liebman, Foley Bezek Behle & Curtis, LLP For Defendants Jeff Pescatello, John Williams, and Ron Donaire : Robert B. Forouzandeh, Andrew Hazlett, Reicker, Pfau, Pyle & McRoy LLP For Defendant (as nominal Defendant) and Cross-Complainant DelPlaya Media, Inc. : John J. Thyne III, Thyne Taylor Fox Howard, LLP R U LIN G For the reasons set forth herein: 1. P...
2024.02.21 Motion to Approve Settlement Agreement and Release of PAGA Claims 778
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.02.21
Excerpt: ...: Chandra A. Beaton, Kathleen M. Fe llo w s , Lig h t Ga b le r R U LIN G For all reasons discussed herein, the renewed motion of Plaintiff to approve settlement agreement and release of PAGA claims pursuant to Labor Code Section 2698 et seq. is denied without prejudice. Background On February 25, 2022, Plaintiff Josefina Arzate filed a class action complaint against Coastal Blooms Nursery, LLC (CBN). On April 29, 2022, Arzate filed a first amend...
2024.02.16 Motion to Deem RFAs Admitted, to Compel Responses 224
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.02.16
Excerpt: ...that request is denied. The Court's order compelling responses without objections is made without prej u d ic e to BMW's ability to file a properly supported motion for relief from its waiver of objections. If such a motion has been filed and served prior to March 7, 2024, the March 7, 2024, deadline for providing responses without objections will be deferred pending a ruling on the motion. Background : P la in t if f 's c o m p la in t , f ile d...
2024.02.16 Motion to Compel Further Responses, for Sanctions 556
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.02.16
Excerpt: ... in t if f ”) against her former employer Covenant Living West, Inc. (“defendant”) The complaint asserts seven causes of action as follows: (1) Failure to provide meal and rest periods. (2) Failure to pay overtime wages. (3) Failure to pay final wages. (4) Failure to provide accurate itemized wage statements. (5) Failure to pay wages when due. (6) Unfair Business Practices. (7) Unlawful retaliation. As alleged in the complaint: In April 201...
2024.02.16 Motion to Compel Further Responses 207
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.02.16
Excerpt: ... 1 , 2 0 2 4 , t h e p a r t ie s s h a ll s u b m it a jo in t r e p o r t , o r in d iv id u a l s t a t u s r e p o r t s , in accordance with this ruling. Background: Plaintiff Fernando Castro-Ra m ir e z f ile d a c o m p la in t in t h is m a t t e r o n O c t o b e r 2 6 , 2022, alleging five causes of action against defendant General Motors, LLC (GM): (1 ) v io la t io n o f Civ il Co d e s e c t io n 1 7 9 3 .2 , s u b d iv is io n (d );...
2024.02.16 Motion for Leave to File SAC, for Protective Order 089
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.02.16
Excerpt: ...2 ) As set forth herein, by the granting of leave to file a second amended complaint, the demurrer to the first amended complaint is moot and ordered off c a le n d a r . (3 ) For the reasons set forth herein, the motion of defendant for a protective order is denied. Plaintiffs' request for an award of monetary sanctions is denied. Background: On May 12, 2023, plaintiffs Alex Pananides, individually and as trustee of the Alexander Nicholas Panani...
2024.02.14 OSC Re Contempt 132
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.02.14
Excerpt: ...David J. Tappeiner For Defendants Channe Coles and The Law Office of Channe G. Coles: R. Ch r is Kr o e s F o r D e f e n d a n t s P a t r ic ia W o llu m a n d Su s a n Re y n o ld s : G a b r ie lla L. St e r n f e ld , D a v id A. N a p p e r, Gre go ry K. Sa b o For De fe ndant and Cross-Complainant Help Unlimited, Inc.: Brandt O. Caudill, J o a n E. Tr im b le For Defendant Patrick Leahy: Self -Represented R U LI N G The Court will call the...
2024.02.14 Motion to Strike, to Set Aside Default, to Quash Service of Summons 827
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.02.14
Excerpt: ...ga : Kr is t i D . Ro t h c h ild , J u lia n Alw ill, Ro t h s c h ild & Alw ill, AP C R U LI N G (1) For the reasons set forth herein, the general demurrer of Defendant John Chapman is sustained, with leave to amend, as to the first and third causes of action of the complaint, and the special demurrer is sustained, with leave to amend, as to each caus e of action of the complaint. (2) For the reasons set forth herein, the motion of Defendant Jo...
2024.02.09 Motion to Compel Further Responses 266
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.02.09
Excerpt: ...heston Administrative Trust under the Cochran-Cheston Trust (the Administrative Trust), and as Trustee of the Bayshore Tower Apartments Trust (the Bayshore Trust) (collectively, plaintiff) filed a complaint against defendant Bayshore Housing, LLC. The complaint alleges three causes of action against defendant: (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; and (3) declaratory relief. As alleged in the complaint...
2024.02.09 Demurrers, Motion to Stay 947
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.02.09
Excerpt: ... First Amended Complaint is overruled. 4. Defendants County of Santa Barbara and California Coastal Commission shall file and serve their answers to plaintiff's first amended complaint no later than February 29, 2024. Background: This action commenced on March 9, 2023, by the filing of the original petition and complaint by plaintiff Casa Blanca Beach Estates Owners' Association (“CBBEOA”) against defendant State of California ex rel. State L...
2024.02.09 Demurrer, Motion to Strike 369
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.02.09
Excerpt: ...rrer is overruled. (2) For all reasons set forth herein, defendant's motion to strike the fourth and fifth causes of action alleged in plaintiff's first amended complaint is denied. (3) Plaintiff shall file and serve her second amended complaint, if any, on or before February 20, 2024. (4) At the hearing on defendant's demurrer and motion to strike, the parties shall be prepared to discuss, in accordance with this ruling, consolidation of the pre...
2024.02.07 Motion for Final Approval of Class Action and PAGA Settlement, for Attorney Fees 118
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.02.07
Excerpt: ...exler / Molly A. DeSario / Jonathan Lee of Capstone Law APC for Plaintiff Carmen Martinez Paul K. Wilcox / Jared M. Katz / Christina M. Behrman of Mullen & Henzell LLP for Defendants SYR Service Company, LLC, San Ysidro BB Property, LLC, and Ty Warner Hotels & Resorts RULING The Court will grant both motions. BACKGROUND These actions consist of (a) a wage and hour action (Case No. 21CV03118) filed August 4, 2021, alleging causes of action for (1)...
2024.02.07 Demurrer 056
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.02.07
Excerpt: ... Coffin and Scott A. Jaske RULING For the reasons set forth herein: 1. The demurrer of cross-defendants Isabel Huerta and Martin Huerta, to the cross-complaint, is overruled. 2. Cross-Defendants shall file and serve their answer to the cross-complaint no later than February 17, 2024. The Case Management Conference of 3/20/24 is confirmed; please meet and confer prior to that hearing and provide the trial date you want for the case in your CMCS. B...
2024.02.07 Motion to Permit Discovery of Financial Condition 017
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.02.07
Excerpt: ... and Christopher De La Vega: Michael B. Wilk, David D. Samani, Lewis Brisbois Bisgaard & Smith LLP RULING 1. For all reasons discussed herein: 2. The motion of Plaintiff for an order permitting discovery of Defendant Isla Vista Owner, LLC's, financial condition, is denied. 3. But the Court has been here many times in the past 26 years. 4. The Court alerts the Defendants; if the jury comes back with a finding that Plaintiff is entitled to punitive...
2024.02.07 Motion for Reconsideration 288
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.02.07
Excerpt: ...rt's January 25, 2023 order, granting Ford Motor Company's motion to compel arbitration and stay action, is denied. Background Plaintiff Deborah Andrews filed her complaint against Defendants Ford Motor Company (FMC) and Jim Vreeland Ford (JVF) on August 23, 2022. As alleged in the complaint, Andrews entered into a warranty contract with FMC, on or about April 22, 2020, regarding a 2020 Ford Escape. (Complaint, ¶ 10.) “Defects and nonconformit...
2024.02.07 Motion for Summary Judgment, Adjudication 181
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.02.07
Excerpt: ... For Defendant Anchor Heating & Air Conditioning, Inc.: Michael E. Gallagher, Caroline B. Fawley, Edlin Gallagher, Huie Blum For Defendants John L. Bunce and Elizabeth N. Bunce: No appearance RULING For all reasons discussed herein, the motion of Defendant Giffin & Crane General Contractors, LLC, for summary judgment or, in the alternative, summary adjudication, is denied. Background In his complaint filed on October 24, 2022, Plaintiff Rogelio J...
2024.02.07 Motion to Compel Further Responses, for Monetary Sanctions 092
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.02.07
Excerpt: ...d. Plaintiff may re-serve the discovery in compliance with the California Rules of Court. Plaintiff is to give notice of this ruling and attach a copy of the minute order. Background This action was commenced on May 12, 2023, by the filing of the complaint by Plaintiff The Jean Michele Cross Revocable Trust (“Trust”) against Defendants Four P's Group, LLC (“Four P's) and Jeff L. Handy (collectively “Defendants”). The complaint alleges c...
2024.02.05 Motion to Enter Judgment 141
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2024.02.05
Excerpt: ...defendant Dorothy M. Austin. Plaintiff shall submit a corrected proposed judgment in accordance with this ruling and shall give notice of the court's ruling to defendant at all known physical or electronic mailing addresses. Background: Plaintiff Jason E. Colbert filed a complaint in this matter on September 15, 2017, seeking damages in the amount of $48,500 from defendant, Dorothy M. Austin (Austin), who is plaintiff's maternal aunt. Plaintiff's...
2024.02.05 Motion to Compel Further Responses, for Monetary Sanctions 413
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2024.02.05
Excerpt: ...PC For Defendant Costco Wholesale Corporation: Sean R. Burnett, Jessica Farley, Snyder Burnett Egerer LLP TENTATIVE RULING: (1) The court grants the motion of plaintiff to compel defendant Costco Wholesale Corporation to provide further responses to form interrogatories. On or before February 19, 2024, defendant shall serve verified further responses to plaintiff's set one form interrogatory nos. 1.1, 3.1, 3.6, 3.7, 4.1, 12.1 through 12.7, 13.1, ...
2024.02.05 Motion for Summary Judgment, Adjudication 616
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2024.02.05
Excerpt: ...e, John Matheny, Excelsior Law For Defendant and Cross-Complainant Brighton Collectibles, LLC: Peter W. Ross, Charles Avrith, Ross LLP For Cross-Defendant L.A. Models, Inc.: Gene H. Shioda, Steven P. Chang, Heidi M. Cheng, Shioda Langley & Chang, LLP TENTATIVE RULING: LA Models, Inc.'s motion for summary judgment or, in the alternative, summary adjudication against cross-complainant Brighton Collectibles, LLC is denied. Background: On December 16...
2024.02.05 Motion for Summary Judgment 319
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2024.02.05
Excerpt: ...racy N. LeRoy, Wynn B. McCloskey, Audrey Hendricks, Luke A. Schamel, Yetter Coleman LLP; Brian E. Klein, Theresa L. Huggins, Emily Steirwalt, Waymaker LLP For Defendants Plains Pipeline, L.P., Plains All American Pipeline, L.P., Plains GP Holdings, L.P., Plains AAP, L.P., Plains All American GP LLC, and PAA GP LLC: Brad D. Brian, Henry Weissmann, Daniel B. Levin, Robyn K. Bacon, Munger, Tolles & Olson LLP; Craig S. Granet, Rimon PC TENTATIVE RULI...
2024.02.02 Motions to Compel, Application for Right to Attachment Order and Writs of Attachment, to Stay 886
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.02.02
Excerpt: ...ttend the hearing in this matter, either in-person or remotely, to discuss the scheduling of a further Case Management Conference. 3. Defendants' motions to compel further responses to discovery are taken off-calendar to be re-set for hearing after the stay is lifted. Background: This action was commenced on July 26, 2022, when plaintiff Mystica Fleury (Fleury) filed a complaint against defendants Byron Richard Tarnutzer (aka Rick Tarnutzer), Von...
2024.02.02 Motion to Compel Arbitration 691
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.02.02
Excerpt: ... (“Trident”), and SCI Shared Services (“SCI”) containing seven causes of action: (1) Recovery of Unpaid Overtime Wages; (2) Failure to Provide Meal Periods; (3) Failure to Provide Rest Periods; (4) Failure to Timely Furnish Accurate Itemized Wage Statements; (5) Violation of Labor Code section 203; (6) Unfair Business Practices; and (7) Disability Discrimination. Plaintiff alleges that defendants are her former employers, and she was empl...
2024.02.02 Demurrer 204
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.02.02
Excerpt: ...reach of the implied covenant of good faith and fair dealing will be overruled; and (3) The demurrer to the third cause of action for breach of obligation to report payments on judgment will be sustained, without leave to amend. Background: On January 18, 2023, plaintiff Henry Aguila (Aguila) filed a complaint, in pro per, against defendants First American Title Insurance Company (First American), Pico Rivera First Mortgage Investors, LP (Pico Ri...
2024.02.01 Motion to Enter Judgment 141
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2024.02.01
Excerpt: ...defendant Dorothy M. Austin. Plaintiff shall submit a corrected proposed judgment in accordance with this ruling and shall give notice of the court's ruling to defendant at all known physical or electronic mailing addresses. Background: Plaintiff Jason E. Colbert filed a complaint in this matter on September 15, 2017, seeking damages in the amount of $48,500 from defendant, Dorothy M. Austin (Austin), who is plaintiff's maternal aunt. Plaintiff's...
2024.02.01 Motion to Compel Further Responses 413
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2024.02.01
Excerpt: ...PC For Defendant Costco Wholesale Corporation: Sean R. Burnett, Jessica Farley, Snyder Burnett Egerer LLP TENTATIVE RULING: (1) The court grants the motion of plaintiff to compel defendant Costco Wholesale Corporation to provide further responses to form interrogatories. On or before February 19, 2024, defendant shall serve verified further responses to plaintiff's set one form interrogatory nos. 1.1, 3.1, 3.6, 3.7, 4.1, 12.1 through 12.7, 13.1, ...
2024.01.29 Demurrer to SAC 852
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2024.01.29
Excerpt: ...ndant Amber Asher: Alexander Entrekin, Legal Aid Foundation of Santa Barbara County TENTATIVE RULING: Defendant's demurrer to plaintiff's second amended complaint is sustained without leave to amend. Background: Plaintiff Dario L. Pini dba DP Investments filed an original complaint for unlawful detainer on April 27, 2023, against defendant Amber Asher (Asher). On May 10, 2023, Asher filed a general demurrer to the complaint on the grounds that th...
2024.01.29 Motion for Preliminary Approval of Class Action and PAGA Settlement 120
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2024.01.29
Excerpt: ... Ryan P. Tish of K.P. Roberts & Associates for defendant TENTATIVE RULING: The motion is granted. Background: Defendant Specialty Team Plastering, Inc. (STP) is a construction firm that specializes in drywall, plastering, and other construction services. Plaintiff worked for STP as a non-exempt employee from March 2018 to September 2021. On January 13, 2022, plaintiff gave notice to the California Labor and Workforce Development Agency (LWDA) and...
2024.01.26 Motion to Compel Mental Exam 740
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.01.26
Excerpt: ...ative pleading in this matter. (Note: Due to common familial surnames, the court will refer to plaintiffs individually by their first names to avoid confusion. No disrespect is intended.) As alleged in the FAC: On February 22, 2019, Sophie, who was 17 years old at the time, was attending San Marcos High School (San Marcos) and was chosen to perform in a variety talent show for the school's theater department. Under the direction of San Marcos and...
2024.01.26 Motion for Attorney Fees 178
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.01.26
Excerpt: ...mutually agreed, or further order of the court, payment for fees and costs is to be made no later than March 15, 2024. Background: This action arises out of a dispute over alleged defects in a home in Los Angeles that plaintiffs Nicole Nagel and ESY Investments, LLC, purchased from defendants Tracy Westen and Linda Lawson in June 2011. The parties arbitrated the dispute, and, on August 5, 2013, plaintiffs were awarded $4.595 million in damages, c...
2024.01.26 Demurrer, Motion to Strike 247
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.01.26
Excerpt: ...iffs first amended complaint no later than February 16, 2024. Background: This action was commenced on July 27, 2023, by the filing of the complaint by plaintiff Ocean Walk at North Campus Owners Association ("Ocean Walk") against defendants Stronghold Engineering Incorporated ("Stronghold") and Pat McCarthy Construction, Inc., dba McCarthy Companies ("McCarthy") for: (1) Violation of Standards for Residential Construction; (2) Breach of Implied ...
2024.01.26 Demurrer 415
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.01.26
Excerpt: ...the claim with requisite specificity, is overruled as to defendant O'Callaghan, and sustained with respect to defendants Sansum Clinic and Sansum Santa Barbara Medical Clinic, Inc., with leave to amend on or before February 16, 2024. BACKGROUND: Plaintiff Jane Doe (Doe) filed the current achon on January 31, 2023. Her original complaint named as defendants W. Kiernan O'Callaghan, M.D. (O'Callaghan), Sansum Clinic, and Sansum Santa Barbara Medical...
2024.01.25 Motion for Preliminary Approval of Class Action and PAGA Settlement 120
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2024.01.25
Excerpt: ...Ryan P. Tish of K.P. Roberts & Associates for defendant TENTATIVE RULING: The motion is granted Background: Defendant Specialty Team Plastering, Inc. (STP) is a construction firm that specializes in drywall, plastering, and other construction services. Plaintiff worked for STP as a non-exempt employee from March 2018 to September 2021. On January 13, 2022, plaintiff gave notice to the California Labor and Workforce Development Agency (LWDA) and t...
2024.01.24 Motion for New Trial 982
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.01.24
Excerpt: ...aza LLC: Unrepresented For Plaintiff and Cross-Defendant Elliot Lander: Self-Represented For Defendant and Cross-complainant Preferred Bank: Michael E. Bubman, Mirman, Bubman & Nahmias, RULING For the reasons set forth below: 2. 3. Plaintiffs A. Stuart Rubin and Annette Rubin's motion for new trial re: summary judgment order is denied. Plaintiffs A. Stuart Rubin and Annette Rubin's Motion for new trial re: terminating sanctions is denied. Preferr...
2024.01.24 Demurrer, Motion to Strike 026
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.01.24
Excerpt: ...ion to strike portions of Plaintiff's complaint, is denied. Defendant shall file and serve his answer to the first amended complaint no later than February 12, 2024. Background: Plaintiff Jessica Naemi filed her original complaint on September 14, 2023, against Defendant Jaspal Padhal, setting forth causes of action for: (1) Quiet Title; (2) To Set Aside Fraudulent Transfer; (3) Conspiracy to Make Fraudulent Transfer; (4) Constructive Trust; (5) ...
2024.01.24 Demurrer to FAC 213
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.01.24
Excerpt: ... violation of FEHA is overruled as to Zeb Albert. Defendants' demurrer to Plaintiff's third cause of action for harassment in violation of FEHA is sustained with leave to amend as to Caroline Neufeld. Defendants' demurrer to Plaintiff's third cause of action for harassment in violation of FEHA is overruled as to Trader Joe's Company. Defendants' demurrer to Plaintiff's tenth cause of action for emotional distress is sustained without leave to ame...
2024.01.22 Demurrer 582
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2024.01.22
Excerpt: ... on December 18, 2023, by the filing of the complaint for unlawful detainer by Lauri Bott ("Plaintiff") against Anissa Moritz ("Defendant"). The complaint alleges that defendant has been renting premises located at 922 Bath Unit 3, Santa Barbara, within the city limits of Santa Barbara, since June 5, 2020, pursuant to a written one-year lease, with monthly rent of $1,645.00. (Complaint, 3, 6.) The lease was amended on June 6, 2021, making the agr...
2024.01.22 Demurrer 306
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2024.01.22
Excerpt: ...iff shall file a first amended complaint, if any, on or before January 30, 2024. Background: This action was commenced on December 1, 2023, by the filing of the complaint for unlawful detainer by Sierra Property Group, Inc. ("Plaintiff") against Teri Chavez ("Defendant"). The complaint alleges that defendant has been renting premises located at 818 Salsipuedes St., unit D, Santa Barbara, within the city limits of Santa Barbara, since February 18,...
2024.01.22 Motion for Summary Judgment, Adjudication 360
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2024.01.22
Excerpt: ...sa Fassett, Jeremy Frankel PRICE, POSTEL & PARMA, LLP TENTATIVE RULING: The motion for summary adjudication is denied as to each cause of action: and the motion for summary judgment is therefore also denied. Background: Plaintiff, who was employed by Defendant as a landscaper/driver, alleges that he suffered an on- the-job injury to his knee; and that he was terminated at age 66 while still on medical leave for this injury. He asserts eight cause...
2024.01.22 Motion for Preliminary Approval of Class Action 120
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2024.01.22
Excerpt: ...lass Kenneth P. Roberts / Ryan P. Tish of K.P. Roberts & Associates for defendant TENTATIVE RULING: The motion is granted Background: Defendant Specialty Team Plastering, Inc. (STP) is a construction firm that specializes in drywall, plastering, and other construction services. Plaintiff worked for STP as a non-exempt employee from March 2018 to September 2021. On January 13, 2022, plaintiff gave notice to the California Labor and Workforce Devel...
2024.01.22 Motion to Strike Punitive Damages 697
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2024.01.22
Excerpt: ...ari, Pietz & Shahriari, LLP For Defendant Sierra Property Group, Inc.: Ty S. Vanderford, Todd A. Picker, Guy Chezrony, Vanderford & Ruiz, LLP For Defendant Juergen U. Boehr: Gerald B. Velasco, Law Offices of Scott C Stratman TENTATIVE RULING: The motion of defendant Sierra Property Group, lnc„ to strike plaintiffs' demand for punitive damages is granted with leave to amend in accordance with this ruling. The following matters shall be stricken ...
2024.01.19 Motion to Compel Responses 517
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.01.19
Excerpt: ...l complaint in this action against defendants Ply Gem Pacific Windows Corporation (Ply Gem) and Homer T. Hayward Lumber Co. (Hayward) alleging six causes of action: (1) breach of contract; (2) breach of express warranty; (3) breach of implied warranty of merchantability; (4) product liability— design defect; (5) product liability—manufacturing defect; and (6) negligent misrepresentation. (Complaint, 8, Prod. L-4, Prod. L-5, Prod. L-6 & Attach...
2024.01.19 Motion to Compel Deposition of PMQ 371
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.01.19
Excerpt: ...le to attend a deposition. On or before January 31, 2024, plaintiff shall select a date for the deposition of defendant's person most qualified from the dates provided and notify defendant of that date. If defendant does not provide a date on which its person most qualified is available to attend a deposition by January 25, 2024, plaintiff may unilaterally select and notice a date for the deposition of defendant's person most qualified. The depos...
2024.01.19 Motion for Summary Judgment, Adjudication 954
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.01.19
Excerpt: ...the University of California ("Regents"), Michael Little, and Greg Smorodinsky alleging causes of action for: (1) Harassment in Violation of FEHA; (2) Quid Pro Quo Sexual Harassment in Violation of FEHA; (3) Discrimination in Violation of FEHA; (4) Retaliation in Violation of FEHA; and (5) Violation of Labor Code secton 1102.5. As alleged in the complaint: Plaintiff was hired by Regents as a police officer in June 2015, following a panel review. ...
2024.01.19 Motion for Summary Judgment 042
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.01.19
Excerpt: ...ted against her by eliminating her position after she repeatedly complained to management that Cottage's new Chief of Pediatrics, Dr. Kanard, was placing patents' safety at risk, and was deviating from the standard of care. Although Plaintiff was offered a position as a PA in robotics surgery, with the same pay and benefits, she asserts that this transfer was a demotion and an adverse employment action, and that it ruined her career and opportuni...
2024.01.19 Motion for Monetary Sanctions 746
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.01.19
Excerpt: ...omplaint asserts eleven causes of acton: (1) violation of the Garn-St. Germain Act/RESPA; (2) breach of contract; (3) violation of FDCPA (15 U.S.C. S 1692f(6)); (4) wrongful foreclosure; (5) violation of the California Home Owners Bill of Rights; (6) violation of Civil Code section 2934a; (7) cancellation of instruments; (8) fraud; (9) violation of Unfair Competition Law; (10) fraud; and, (11) intentional infliction of emotional distress. (Note: ...
2024.01.17 Motion to Compel Arbitration and Stay Action 598
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.01.17
Excerpt: ...October 18, 2023, by the filing of the complaint by plaintiff Eric Phillips ("Phillips") against defendant Bruker Nano, Inc. ("Nano") alleging causes of action for: (1) Wrongful Termination in Violation of Public Policy; (2) Violation of Government Code section 12940, subdivision (a); (3) Violation of Government Code section 12940, subdivision (m); (4) Violation of Government Code section 12940, subdivision (n); (5) Violation of Government Code s...
2024.01.17 Motion for Summary Judgment, Adjudication 608
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.01.17
Excerpt: ...d herein, the motion of Defendant the Santa Barbara Unified School District for summary judgment, or, in the alternative, summary adjudication, is denied. Background The first amended complaint ( AC) filed in this matter on August 24, 2022, by Plaintiff John Doe #3 (a pseudonym used for these litigation purposes) is the operative pleading. As alleged in the FAC: Plaintiff Doe was the victim of unlawful sexual assault, abuse, and other misconduct ...
2024.01.12 Motion to Dismiss, to Strike 299
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.01.12
Excerpt: ...ices, LLC is stricken. BaronHR's answer to the cross-complaint of Partners is stricken and default will be entered against ft. Background: This action commenced on December 21, 2020, and arises out of alleged defamatory statements made by defendant Partners Personnel-Management Services, LLC (Partners), in a letter dated December 4, 2020 (the letter). As alleged in plaintiff BaronHR West, Inc.'s (BaronHR), complaint filed on December 21, 2020, Pa...
2024.01.12 Motion for Summary Judgment 792
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.01.12
Excerpt: ...miano Gonzalez. The complaint sets forth causes of action for subrogation claim and indebtedness. As alleged in the complaint: On May 10, 2019, Connect provided automobile insurance to Joe Weicai Lei. (Complaint, '1 8.) On that date, Gonzalez rear-ended Lei resulting in Connect making payments, for property damage and uninsured motorist injury, in the amount of $9,500.00 (Complaint, 9, 10.) Gonzalez filed his answer to the complaint on March 29, ...

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