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2215 Results

Location: Santa Barbara x
2019.9.23 Motion to Compel Production of Docs 339
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.9.23
Excerpt: ...ant: Steve R. Belilove (Kaufman, Dolowich & Voluck – Los Angeles Tentative Ruling: The court denies plaintiff Filippini Wealth Management, Inc.'s motion to compel production of documents and request for a monetary sanction. Background: This action arises out of plaintiff Filippini Wealth Management, Inc.'s lease of commercial property from defendant and cross-complainant Max Baril. Defendant Meridian Group Real Estate Management, Inc., manages ...
2019.9.20 Motions to Compel Further Responses, Demurrer, Motion to Strike 263
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.9.20
Excerpt: ...nses to form interrogatories, special interrogatories, production demands, and requests for admissions. The Court notes that the demurrer and motion to strike provided adequate notice of hearing. The motions to compel did not. Given that plaintiff's attorney is located in Las Vegas, Nevada, service of any motion by or upon him is subject the provisions of Code of Civil Procedure section 1005(b), wherein the required 16 calendar day notice period ...
2019.9.20 Motion to Strike 869
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.9.20
Excerpt: ... prevailing defendant entitled to an award of attorney fees and costs against plaintiffs to be fixed as provided by law. Background: On July 24, 2019, plaintiffs Jasper Allen and Debra Jackson filed their complaint in this action asserting causes of action for defamation against defendant Jacqueline Hundley Reid. The complaint alleges: Reid is the President of the Santa Barbara Unified School District (SBUSD). (Complaint, p. 2.) Plaintiffs Allen ...
2019.9.20 Motion to Increase Amount of Bond Provided by Judgment Debtor 003
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.9.20
Excerpt: ...n five days of the date of this order. BACKGROUND: For approximately 18 months, plaintiff and judgment creditor Butler America, LLC (“Butler”) provided staffing services to defendant and judgment debtor Aviation Finance Services, LLC (“AFS”). Butler supplied AFS with employment personnel and then invoiced AFS for the employees' salaries and related expenses. Almost immediately, however, the balances on Butler's invoices began to accumulat...
2019.9.20 Motion for Summary Judgment, Adjudication 198
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.9.20
Excerpt: ...s had knowledge of the alleged joint venture agreement between plaintiff and the Moller defendants and whether they were legally justified in selling the Hotel to the Moller defendants are triable issues of fact. BACKGROUND: This action arises out of an alleged joint venture agreement to acquire, develop, and manage an 11-story, 210-room hotel. Plaintiff Windsor Capital Group, Inc. (“Windsor”) is a real estate investment company. Patrick Nesb...
2019.9.20 Motion for Good Faith Settlement 391
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.9.20
Excerpt: ...it made to injured employee Travis Bean (Bean). After serving a notice upon Bean regarding the pendency of the action, Regents filed a notice that it would be dismissing its action against Harper and Tierra. Bean then sought and was permitted to intervene, ultimately filing his Complaint-in Intervention on October 20, 2017. Regents' complaint was then dismissed on December 5, 2017, and Bean has pursued the action seeking additional damages for th...
2019.9.20 Demurrer, Motion to Strike 820
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.9.20
Excerpt: ...f the second amended complaint is granted to strike, without leave to amend, paragraph 3 of the prayer (“A Declaration of the respective rights and duties of the parties”), and is in all other respects denied. (3) Defendant Ronald L. Wolfe & Associates, Incorporated, shall file and serve its answer to the second amended complaint on or before October 7, 2019. Background: (1) Allegations of Second Amended Complaint Plaintiff Grant Beall (Beall...
2019.9.20 Demurrer 880
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.9.20
Excerpt: ...gory Lowry, Inc. (collectively “Lowry”), filed their complaint for 1) breach of contract, 2) breach of the covenant of good faith and fair dealing, 3) fraud, 4) negligent misrepresentation, and 5) conversion against defendants Thomas Kaljian and Kaljian Santa Barbara, LLC (collectively “Kaljian”). Lowry alleges: Lowry is a dentist and sole practitioner. [Complaint ¶15] Lowry entered into a lease with Kaljian's predecessor for premises at...
2019.9.18 Motion to Strike Answer 244
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.9.18
Excerpt: ...previously filed with the court with respect to this motion on defendant Surveillance Security, Inc., on or before September 25, 2019, and shall file proof of service of such documents on or before September 27, 2019. The hearing on the motion shall be ordered off calendar and no appearances are required if, on or before noon on October 21, 2019, Surveillance Security, Inc., files a substitution of attorney identifying an attorney appearing for S...
2019.9.18 Motion to Modify Class Definition 104
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.9.18
Excerpt: ... Isla Vista, California. Defendant owns several rental properties in Santa Barbara County. At the commencement of the tenancy, plaintiff was required to pay a $1,370.00 security deposit to defendant. When plaintiff vacated his unit at the end of the lease term, defendant allegedly failed to return his security deposit within the time period specified by law or provide a written accounting of all monies deducted from the deposit. Plaintiff's first...
2019.9.17 Motion to Compel Production of Docs 422
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.9.17
Excerpt: ...d. Background: Plaintiff filed her original complaint on September 7, 2018, naming as defendants Coldwell Banker Residential Brokerage Company and its agents or employees, Susan Burns, Susan Conger, and Kathleen Marvin. In her operative First Amended Complaint she alleges causes of action for (1) violations of Civil Code sections 1102, (2) fraudulent concealment, (3) breach of fiduciary duty, and (4) financial elder abuse. She alleges that, with ...
2019.9.11 Motion for Protective Order 322
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.9.11
Excerpt: ...ali, Santy Kazali, and Harry Kazali. The original complaint was filed on July 2, 2018. Harry and Santy Kazali, dba Days Inn of Santa Barbara, filed a cross- complaint against Wasito and Soenjoto. The original cross-complaint was filed on November 8, 2018. The litigation of this matter has been contentious. On October 31, 2018, the court set trial for June 5, 2019. On March 27, 2019, the court continued the trial date to its currently scheduled da...
2019.9.11 Motion to Strike or Tax Costs 473
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.9.11
Excerpt: ...ember 18, 2018, along with attorneys' fees pursuant to Civil Code section 1717.5 according to proof. Defendant Longaberger answered, in pro per, on February 21, 2019, denying that any funds were owed to plaintiff. Defendant substituted an attorney into the action on his behalf on June 11, 2019. Plaintiff filed a Request For Dismissal, without prejudice, on July 8, 2019. Defendant thereafter filed a Memorandum of Costs, seeking a total of $1,739.9...
2019.9.10 Motion to Strike Complaint 871
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.9.10
Excerpt: ...rikes the entirety of the complaint of plaintiffs Jasper Allen and Debra Jackson. The Court finds that defendant Caston is the prevailing defendant entitled to an award of attorney fees and costs against plaintiffs to be fixed as provided by law. Background On July 24, 2019, plaintiffs Jasper Allen and Debra Jackson filed their complaint in this action asserting causes of action for defamation against defendant Marianne D'Emidio-Caston (Caston). ...
2019.9.10 Motion to Compel Further Responses 443
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.9.10
Excerpt: ... to compel further responses to special interrogatories and form interrogatories, sets one, and motion to compel further responses to request for production of documents. The Court orders plaintiff Hee S. Yun to provide further responses to form interrogatories ##9.1, 9.2, and 14.1 and special interrogatories ##18, 19, 20, 21, 22, 26, 27, 30, 31, 39, 41, 42, 43, and 44. The Court orders plaintiff Steve Yun to provide further responses to form int...
2019.9.10 Motion to Compel Arbitration 000
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2019.9.10
Excerpt: ...h herein, the motion of defendant Armstrong Associates, Inc., joined by defendant Arlington Theatre Property, LLC, to compel arbitration is granted and plaintiff Alderman & Sons is ordered to arbitrate its claims. This action is ordered stayed pending completion of the arbitration or further order of the court. Background On April 15, 2019, plaintiff Alderman & Sons, Inc., (Alderman) filed its complaint in this action for breach of contract and f...
2019.9.10 Demurrer, Motion to Strike 829
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2019.9.10
Excerpt: ...e area for cannabis cultivation. Defendants Francine Shulman and Emerald Sky Agricultural Acquisition, LLC wanted to buy the property and develop to grow cannabis. In July 2017, plaintiffs entered a Purchase and Sale Agreement (PSA) for $7.5 million dollars. Escrow was to close on January 15, 2018. Shulman wanted to occupy the property prior to close of escrow, so the parties entered into a lease agreement from July 15, 2017 through January 15, 2...
2019.8.9 Motion to Quash 622
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.8.9
Excerpt: ...lon & Style Bar, LLC, filed an answer on June 17. There is no scheduled CMC, MSC, or trial. On May 24, 2019, Carlyle served deposition subpoenas for production of business records on Law Offices of John J. Thyne, III (“Thyne Law”); Goodwin & Thyne Properties (“G&T”); and Marcus Boyle. G&T is the real estate brokerage that has listed the subject property and Boyle is the real estate agent representing the property. Thyne Law purports to re...
2019.8.9 Motion to Compel Further Responses, for Sanctions, to Vacate 263
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.8.9
Excerpt: ...st plaintiff and her attorney, jointly and severally, in the amount of $3,500.00. Plaintiff's motion to vacate the court's May 7, 2019 order is denied. Defendants' motion for sanctions pursuant to Code of Civil Procedure Section 128.5 is denied. BACKGROUND: This is an action for alleged mold contamination. In 2017 plaintiff Taryn Intravartolo leased an apartment unit located at 175 San Angelo Avenue, Unit A, Santa Barbara, California 93111. Defen...
2019.8.9 Motion for Leave to File Complaint 966
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.8.9
Excerpt: ...pany, Earl M. Hill Family Limited Partnership, and The Towbes Group. Defendant Golomb settled out of the action in late 2017, and the court granted a good faith determination with respect to the settlement. The remaining parties unsuccessfully attempted to mediate the action in early 2018. A conflict arose after the mediation between the remaining defendants, which caused new attorneys to substitute in for Trader Joe's, and for the Limited Partne...
2019.8.9 Motion for Good Faith Settlement 391
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.8.9
Excerpt: ... date of the incident or, if that employee is not available, the deposition of any other Univar employee who would have knowledge about the nature of the couplings with respect to the acid and chlorine tanks on the premises, and who could testify as to the possibility that the wrong distribution hoses could have been connected to the wrong tanks on the date in question. Harper and Tierra may file any supplemental opposition on this issue on or be...
2019.8.9 Demurrer 948
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.8.9
Excerpt: ... property located at 1471 Las Positas Place, Santa Barbara (the Property). (Complaint, ¶ 10.) In 2007, plaintiffs entered into a loan secured by a deed of trust (DOT) on the Property. (Complaint, ¶ 15; Defendants' Request for Judicial Notice [DRJN], exhibit 1.) As set forth in the DOT, recorded October 11, 2007, the lender is Countrywide Bank, FSB. (DRJN, exhibit 1.) On July 14, 2011, there was an Assignment of Deed of Trust recorded, assigning...
2019.8.7 Motion for Protective Order 322
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.8.7
Excerpt: ...t owned and operated by three named defendants, Adi Kazali, Santy Kazali, and Harry Kazali. Defendants Harry and Santy Kazali d.b.a. Days Inn of Santa Barbara filed a first amended cross- complaint against plaintiffs. After a demurrer was sustained to the FACC's second through fourth causes of action, no SACC was filed, leaving only a FACC alleging a single breach of contract claim. Cross-complainants' recent motion for leave to file a SACC was d...
2019.8.7 Motion for Bifurcation, for Summary Judgment 837
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.8.7
Excerpt: ...C has sued for breach of contract in connection with two separate sublease agreements for airport hangars at the Santa Barbara Municipal Airport. As alleged in the lead case (Case No. 17CV04837), plaintiff is the master lessee under an existing master lease of certain airport property owned by the City of Santa Barbara. On December 20, 2005, plaintiff and non-party Select Personnel Services, Inc. entered into a written sublease agreement by which...
2019.8.7 Demurrers 689
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2019.8.7
Excerpt: ...l file and serve their first amended cross-complaints on or before August 22, 2019. Background: On June 8, 1994, Betty Goldberg and Al Goldberg filed their complaint in Goldberg v. Arns, United States District Court for the Central District of California case number 94-CV-3834 (the 1994 Federal Action). (Request for Judicial Notice [RJN], exhibit A.) On September 8, 2014, the Estates of Betty Goldberg and Al Goldberg, by and through their success...

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