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2215 Results

Location: Santa Barbara x
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 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...
2024.01.29 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...
2024.01.26 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 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...
2024.01.24 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 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...
2024.01.22 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 ...
2024.01.22 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 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,...
2024.01.19 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...

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