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2212 Results

Location: Santa Barbara x
2022.09.07 Motion to Set Aside Dismissal 012
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.09.07
Excerpt: ...smissal And Enter Judgment RULING For reasons stated herein, unless plaintiff's counsel appears at the hearing on the motion and requests supplemental briefing, the Court will grant the motion, in part, vacate the dismissal and enter judgment against defendant Devyne Ellison in the amount of $1,778.00. Plaintiff shall submit a corrected proposed order and judgment and give notice of this ruling to defendant at all known addresses. Background This...
2022.09.07 Motion for Reconsideration 512
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.09.07
Excerpt: ...intiff Gardner Management, Ltd., filed this unlawful detainer complaint against defendant Ryan Perry on April 19, 2022. The complaint seeks, among other things, past due rent, attorney's fees, interest, and late fees, pursuant to a rental agreement for premises located in Carpinteria, California. (Complaint at ¶ 19.) On June 10, 2022, the Court granted defendant's motion to strike the complaint's request for late fee damages, with leave to amend...
2022.09.07 Demurrer, Motion to Disqualify 147
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.09.07
Excerpt: ..., LLP HEARING (1) Motion of Defendants Jeff Pescatello, John Williams, and DelPlaya Media, Inc., to Disqualify Todd Wooten as Derivative Plaintiff (2) Demurrer of Defendant Ron Donaire to Complaint RULING (1) For the reasons set forth herein, the motion of defendants Jeff Pescatello, John Williams, and DelPlaya Media, Inc., to disqualify Todd Wooten as plaintiff is denied. These defendants shall file and serve their responsive pleading on or befo...
2022.09.07 Demurrer 119
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.09.07
Excerpt: ...iff David Matthew Kilrain is overruled. Defendants shall file and serve their answer to the third amended complaint on or before September 22, 2022. Background Plaintiff David Matthew Kilrain filed his original complaint in this action on May 27, 2021. The original complaint asserted a cause of action for negligence against defendants Shoreline Farms LLC (Shoreline Farms) and Aviana Kjos, which was set forth in a Judicial Council form complaint w...
2022.09.02 Petition for Writ of Mandate 170
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.09.02
Excerpt: ...ecifically those identified as “Exhibits” by Petitioner, and as “971 EDM's Exhibit” by County. While this Court believes some or all of the exhibit(s) may also be a part of and included in the Administrative Record which was recently lodged with the Court, the absence of any separately filed “exhibit” has precluded it from confirming that fact. Additionally, on August 24, 2022, Petitioner filed several new documents. The first is a No...
2022.09.02 Demurrer 693
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.09.02
Excerpt: ...in was in a romantic relationship with defendant John Fly, Jr., through early 2021. (First Amended Complaint [FAC], attachment BC‐1.) During that relationship, Griffin lent money to Fly, or spent money at Fly's request, for Defendant's iPad, health and dental insurance premiums, medical and dental expenses, credit card bills, Fly's household and personal expenses (including alimony and child support payable to Fly's ex‐wife), and for improvem...
2022.09.02 Demurrer 361
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.09.02
Excerpt: ..., alleges two causes of action for general negligence against defendant Wheel Fun Rentals Of Santa Barbara, Inc. dba Santa Barbara Trolley Company (Wheel Fun). In the complaint, plaintiff alleges that she was hired by Wheel Fun as a commercial driver on May 3, 2016. As alleged in the complaint, plaintiff was discriminated against based on her race, experienced disparate treatment, was treated unfairly due to the discrimination. (Complaint, ¶ GN�...
2022.08.31 Motion to Quash Deposition Subpoena 892
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.08.31
Excerpt: ...Plaintiff Victoria Tice is a former employee of defendant Trader Joe's Company. Her class and representative action complaint, filed February 14, 2020, alleges two causes of action against defendant Trader Joe's Company for (1) violation of Labor Code §§ 201 ‐203, and (2) violation of Labor Code § 2698, et seq. (the Private Attorneys General Act of 2004 or PAGA). In its prior rulings, the Court has set forth the detailed background of this c...
2022.08.31 Motion for Summary Judgment 541
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.08.31
Excerpt: ...s, Wheeler Trigg O'Donnell LLP (For other appearances see list) HEARING Motion of Defendant ITW Food Equipment Group LLC for Summary Adjudication RULING For the reasons set forth herein, the motion of defendant ITW Food Equipment Group LLC for summary adjudication is denied. Background The initial complaint in this action was filed on October 24, 2011, on behalf of plaintiffs Julie Lee, Julie Lacey, Lourdes Munoz, Martha Silva, Brandon Adams, Laf...
2022.08.30 Motion for Preliminary Approval 801
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2022.08.30
Excerpt: ...ity of the CoastHills Alternate Dispute Resolution Agreement (titled “Resolving Disputes”) (the “Arbitration Agreement”) and any subsequent determination on the merits. [P] Plaintiffs PAGA claim is not subject to the Arbitration Agreement and all further judicial proceedings are stayed pending the earlier of (1) the resolution of the arbitration, or (2) the arbitrator's determination that Plaintiffs claims are not subject to arbitration.�...
2022.08.30 Demurrer to FACC 515
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2022.08.30
Excerpt: ...e Santa Barbara County Flood Control & Water District (Water District). On April 1, 2022, Cassady answered and filed a verified cross‐complaint against RL Enterprises, Lompoc, and Water District for quiet title, judicial foreclosure, and declaratory relief, superseded by a first amended cross‐complaint filed on July 6, 2022. In dispute in both pleadings is the ownership of property located at 205 Princeton Place, Lompoc (hereafter, real prope...
2022.08.29 Motion for Summary Judgment 550
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.08.29
Excerpt: ...��Aguilar: Self represented For Defendants Saint Barbara Parish (erroneously sued as Roman Catholic Archbishop of Los Angeles, a California corporation sole, for and on behalf of Saint Barbara Parish, also known as Old Mission Santa Barbara, without prejudice to Canon Law), Father Dan Lackie, and Roy Spicer: Daniel W. Bir, Matthew R. Groseclose, Joel C. Gerson, Polsinelli LLP TENTATIVE RULING: Defendants' motion is denied. Background: Plaintiff H...
2022.08.29 Demurrer to FAC 686
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.08.29
Excerpt: ...zandeh, Cory T. Baker, Reicker, Pfau, Pyle & McRoy LLP For Defendants Adam Pirozzi and 4602 Via Carretas, LLC: Jasper L. Ozbirn, Ozbirn Law TENTATIVE RULING: Defendants' demurrer is overruled. Defendants shall file and serve their answer to plaintiffs' First Amended Complaint on or before September 9, 2022. Background: Plaintiff Edward St. George, Trustee of the Edward St. George Revocable Trust Dated May 16, 2002 (St. George) filed a verified co...
2022.08.26 Motion to Compel Responses 945
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.08.26
Excerpt: ... shall file and serve a supplemental response to the supplemental separate statement, in accordance with this ruling, on or before September 23, 2022. Background: This action arises out of an alleged failure by defendants Robert Hunter (Hunter) and Continental Store Equipment Co., Inc.'s (CSE), to return a good faith deposit to plaintiff Kipp Young (Young). (Complaint, ¶ BC‐2.) The deposit was provided to Hunter and CSE on condition that these...
2022.08.26 Motion for Leave to Take Subsequent Deposition 069
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.08.26
Excerpt: ...aintiffs of committing certain criminal acts, and intruding on plaintiffs' private affairs by, among other things, unlawfully accessing plaintiffs' cell phones and social media accounts. (Note: Because multiple parties share common surnames, the court follows the practice of the parties and refers to the parties by their first names. No disrespect is intended.) Plaintiffs' complaint, filed on September 11, 2020, asserts 16 causes of action for (1...
2022.08.26 Motion for Entry of Judgment 283
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.08.26
Excerpt: ...roy, seeking to recover the amount of $1,454.51 as a balance due from defendant in connection with a charged‐off credit account issued to Monroy. On December 8, 2020, plaintiff filed a settlement agreement pursuant to which defendant agreed to settle this matter for $1,454.51, plus costs set forth in the agreement, to be paid to plaintiff pursuant to a payment schedule set forth in the settlement agreement. Pursuant to the agreement, the partie...
2022.08.24 Motion for Attorney Fees 789
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.08.24
Excerpt: ...filed in 12/2021. The action stems from the alleged breach of a settlement agreement. Alsana is a behavioral health company that provides residential and outpatient treatment services for persons suffering from eating disorders, chemical dependency, and other mental health issues. Steiner is the former Chief Executive Officer of Alsana's facility in Santa Barbara, California. Steiner worked for Alsana from October 2, 2017, until her separation on...
2022.08.24 Application for Right to Attach 338
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.08.24
Excerpt: ...s engaged in the business of cultivation and sale of cannabis products on a wholesale basis to various consumer cannabis companies. Defendant is also a purveyor of cannabis products and is located within Santa Barbara County. In October 2020, Plaintiff entered into a verbal agreement with Defendant regarding a mutual business relationship they intended to pursue together. Pursuant to that agreement, Defendant agreed to cure and process Plaintiff'...
2022.08.22 Motion for Relief from Dismissal of Complaint 130
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.08.22
Excerpt: ...e, M.D.'s Motion For Relief From Dismissal Of Cross Complaint (Case No. 21CV04130) (2) Defendant Financial Credit Network, Inc.'s Demurrer to First Amended Complaint (Case No. 21CV04616) ATTORNEYS: For Defendant, Cross Complainant and Plaintiff Anne Fristoe, M.D.: Kevin Gerry, The Law Offices of Kevin Gerry For Cross Defendants and Defendants Mikki Reilly and Fitness Transform: Matthew Olufs, Law Offfice of Matthew Olufs For Plaintiff, Cross Defe...
2022.08.22 Demurrer 616
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.08.22
Excerpt: ...al Of Cross Complaint (Case No. 21CV04130) (2) Defendant Financial Credit Network, Inc.'s Demurrer to First Amended Complaint (Case No. 21CV04616) ATTORNEYS: For Defendant, Cross Complainant and Plaintiff Anne Fristoe, M.D.: Kevin Gerry, The Law Offices of Kevin Gerry For Cross Defendants and Defendants Mikki Reilly and Fitness Transform: Matthew Olufs, Law Offfice of Matthew Olufs For Plaintiff, Cross Defendant and Defendant Financial Credit Net...
2022.08.19 Motions to Compel Further Responses 076
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.08.19
Excerpt: ...ition, the court awards sanctions in favor of plaintiff against Ruth Bodine in the amount of $1,250.00, payable to plaintiff's counsel. Payment of sanctions is due by September 19, 2022. (2) Plaintiff and defendant are ordered to complete a further meet and confer in person, by phone or by video conference regarding plaintiff's form interrogatory no. 17.1 and defendant's responses thereto, in accordance with this ruling. The meet and confer order...
2022.08.19 Demurrer, Motion to Strike 815
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.08.19
Excerpt: ...25 of the first and third causes of action alleged in the complaint is denied. Defendants' motion to strike allegations contained in paragraphs 33 and 38 of the fifth and sixth causes of action alleged in the complaint is moot. Background: As alleged in the complaint filed on February 28, 2022, plaintiff Paree Sobhani Moradpour, Trustee under the Declaration of Trust of Paree Sobhani Moradpour is the owner of commercial property located at 401 We...
2022.08.17 Demurrer, Motion to Strike 299
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.08.17
Excerpt: ...nta Barbara and Board of Supervisors of Santa Barbara County: Rachel Van Mullem, Lina Somait, Office of the County Counsel Emails: [email protected]; [email protected]‐barbara.ca.us HEARING (1) Demurrer of Respondents to Petition (2) Motion of Respondents to Strike Portions of Petition (3) Contempt RULINGS (1) The demurrer of respondents County of Santa Barbara and Board of Supervisors of Santa Barbara County to the petition is overrul...
2022.08.17 Motion to Compel Further Responses, Sanctions 696
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.08.17
Excerpt: ...ns, is denied without prejudice. Background Plaintiffs Tonya R. Teaney and Brandon T. Mix's First Amended Complaint (FAC), filed on October 28, 2021, alleges two causes of action for breach of contract and fraudulent concealment against defendants Hidden Oaks Ranch, LLC (Hidden Oaks), The Palm Grove, LLC (Palm Grove), and Dennis Hoey (Hoey). As alleged in the FAC, on February 25, 2020, June 29, 2020, and again on March 17, 2021, plaintiffs entere...
2022.08.17 Motion to Continue Trial 174
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.08.17
Excerpt: ...Ankle Concepts, Inc. committed professional negligence in their pre‐surgical and post‐surgical care of his condition, leading to the partial amputation of his right foot. Special Damages: $300,000.00; General Damages: $250,000.00; estimates 5‐ day jury trial; expects discovery to be done [except experts] by August 1, 2022. The defense reported via Bradley J. McGirr that it expects discovery to be done [except experts] by September 2022. On ...
2022.08.17 OSC Re Contempt 056
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.08.17
Excerpt: ... all reasons noted in this ruling. This ruling is without prejudice to a future noticed motion for appropriate discovery sanctions, if warranted. Background Plaintiff Ronald Heller (Heller) filed this action against defendant Andrew B. Mitchell (Mitchell) on May 25, 2021, alleging a cause of action for legal malpractice related to Mitchell's representation of Heller in his divorce proceedings. Mitchell answered the complaint, in pro per, on Augus...
2022.08.17 Motion to Quash Subpoenas 858
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.08.17
Excerpt: ...ash is denied. Plaintiff's motion for a protective order is granted in part. The Court limits the production of documents sought in the deposition subpoena for production of business records in accordance with this ruling. Background This is an appeal of an Order, Decision, or Award (ODA) issued by the Labor Commissioner on February 4, 2022. As stated in the ODA, a copy of which is attached to the Amended Notice of Appeal filed on March 3, 2022 (...
2022.08.15 Motion to Dismiss FAC 268
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.08.15
Excerpt: ...nts Evgenia Quaid and Randall Quaid are self‐represented TENTATIVE RULINGS: The motion to dismiss the FAC is denied. The motions to compel escrow documents have been withdrawn by the moving defendants; both requests for sanctions are denied. Background: This action was commenced on November 25, 2019, by the filing of the original complaint by plaintiffs R. Scott Turicchi and Lannette C. Turicchi. At that time, the complaint alleged a cause of a...
2022.08.15 Demurrer to FAC 616
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.08.15
Excerpt: ...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: The demurrer of cross‐defendant L.A. Models, Inc., to the first amended cross‐complaint of Brighton Collectibles, LLC, is overruled in its entirety. L.A. Models, Inc., shall file and serve its answer to t...
2022.08.12 Motions to Compel Further Responses 113
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.08.12
Excerpt: ...issions, without objection except as to privilege, on or before August 29, 2022. As to any information or document withheld on the grounds of privilege, FCP Private, LLC, and Wiles shall each concurrently serve a privilege log identifying the information or document withheld and providing sufficient additional information for the court to rule on the claim of privilege. The court awards monetary sanctions in the total amount of $2,500in favor of ...
2022.08.12 Motion for Summary Judgment 439
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.08.12
Excerpt: ...s east of the intersection with Painted Cave Road. (FAC, ¶¶ 5, 8.) Mary Sheryl Treventhan Scott (Mary Scott) was in the front passenger seat. (Ibid.) A vehicle travelling in the opposite direction crossed over the center line. (Id., ¶ 8.) Chris Scott took evasive maneuvers to avoid a pending head‐on collision, and in doing so, lost control over his vehicle, which travelled south off the roadway, traversing the solid white line and asphalt sh...
2022.08.09 Motion for Judgment on the Pleadings 118
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2022.08.09
Excerpt: ...stress). Defendant Jacqueline Lucas was the only named defendant to that cause of action. No challenge was made to any other cause of action at that time. The court expressly indicated in the March 8, 2022, order that plaintiffs had 30 days to file an amended pleading. On April 18, 2022, Ms. Lucas and the remaining defendants filed a demurrer to all remaining causes of action. The court continued the hearing date and requested supplemental briefi...
2022.08.09 Demurrer to FAA 365
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2022.08.09
Excerpt: ...efendant) under the FEHA; (6) quid pro quo sexual harassment; (7) failure to prevent discrimination and harassment; (8) intentional infliction of emotional distress; (9) negligence. Defendants Good Samaritan Shelter and Frank Souza filed an answer on April 20, 2022 and an amended answer on April 29, 2022, in which they assert seventy (70) affirmative defenses. The court sustained a demurrer to this answer on June 7, 2022, allowing leave to amend....
2022.08.08 Motion for Summary Judgment 654
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.08.08
Excerpt: ...TIVE RULING: The motion for summary judgment is denied. Background: This is a personal injury action, filed by plaintiff on April 23, 2021, and naming the City of Santa Barbara and County of Santa Barbara as defendants. (The County of Santa Barbara has never appeared in the action.) The complaint alleges a cause of action for premises liability based on the dangerous condition of public property. It alleges that on May 13, 2020, plaintiff was inj...
2022.08.08 Motion for Attorney Fees 285
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.08.08
Excerpt: ...rt W. Selna of Selna Partners and Naomi R. Dewey/ Nicole Hornick of Trusted Legal, PLC for respondents TENTATIVE RULING: The motion is granted, in the amount of $49,722.00. Background: Petitioner Jonas Svensson (“Svensson”) is a current shareholder and director of respondent i073 Investments, Inc. (“i073”), an investment management company that buys, manages, and sells stocks, bonds, and other securities for investors. Svensson is the for...
2022.08.08 Motion to Prohibit Deposition and Issue Protective Order 190
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.08.08
Excerpt: ...tective Order ATTORNEYS: For Plaintiff Richard Basulto: Ronald W. Makarem, Cameron A. Stewart, Makarem & Associates, APLC For Defendant Foodbank of Santa Barbara County: Molly Thurmond, Cyrus Khosh‐Chashm, Tristan Verburgt, KVT Law Group, LLP TENTATIVE RULING: The Court continues the hearing on plaintiff's motion to September 12, 2022. Plaintiff shall file and serve a supplemental brief in support of the motion on or before August 26, 2022, in ...
2022.08.08 Motion to Set Aside Default 878
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.08.08
Excerpt: ...d the default and default judgment are ordered set aside and vacated. Background: Plaintiff Progressive Select Insurance Company (Progressive) filed a limited civil action against defendant Joseph D. Hernandez on December 14, 2021, alleging a form “Motor Vehicle” cause of action. The Motor Vehicle attachment alleged that on February 24, 2019, at 1125 Bregante Lane in Santa Barbara, defendant's negligence in operating a vehicle was the legal c...
2022.08.08 Petition to Compel Arbitration 905
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.08.08
Excerpt: ...ic Fisher, Kathryn Fisher, Mona McMillan, and Ross McMillan John C. Eck of Griffith & Thornburgh, LLP for defendants William Braconi & Sabrina Braconi TENTATIVE RULING: The petition is granted; the action is ordered to arbitration, and will be stayed pending the conclusion of arbitration proceedings. Background: The MDLV Condominium Conversion Project consists of three units, located at 603 De La Vista Avenue, 607 De La Vista Avenue, and 608 East...
2022.08.05 OSC Re Determination of Proper Venue of Action 850
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.08.05
Excerpt: ...endant answered the complaint, contending that the action had been filed in the wrong venue, since she did not live in Santa Barbara County. Plaintiff filed a motion for summary judgment, which established that defendant still owed plaintiff the amount of $6,170.67 for charges she had incurred through use of the credit card, but had not paid to plaintiff. Plaintiff did not file opposition to the motion, but sought permission to appear at the hear...
2022.08.05 Motion for Sanctions 299
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.08.05
Excerpt: ...plaintiff. (Complaint, ¶¶ 7, 8, 10, 12, 16, 18, 19 & Exh. A.) Defendant, a direct competitor of plaintiff, caused the December 4, 2020 letter to be written and published directly to plaintiff's clients and business partners. (Id., ¶¶ 5, 7, 22.) Plaintiff's business reputation has been significantly damaged as a result of the publication of the letter, and its profits have been reduced as a result of the publication of the letter. (Id., ¶¶ 1...
2022.08.05 Motion for Preliminary Injunction 239
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.08.05
Excerpt: ...rsons acting with or on behalf of it, are enjoined and restrained from granting any final approval as to construction of a residence exceeding one story in height at the real property located at 4121 Creciente Drive, Santa Barbara, California, or taking any other action with respect to such construction where the effectiveness of such other action is not qualified by and subject to the final disposition of this matter. (2) The court orders that p...
2022.08.05 Motion for Determination of Good Faith Settlement 727
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.08.05
Excerpt: ...ence (count two), 9) respondeat superior, 10) negligence (count three), 11) negligence (count four), 12) common count, and 13) indemnification for any amounts she may owe taxing authorities. Causes of action for breach of fiduciary duty, negligence, common counts, and indemnification were alleged against defendant Peter Kozak III, and causes of action for respondeat superior liability, negligence, common counts, and indemnification were alleged a...
2022.08.05 Demurrer 966
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.08.05
Excerpt: ...Management, Inc. (Sandpiper) is the property manager for real property located at 220 E. Valerio Street, #4, Santa Barbara (the Premises). (Complaint, ¶¶ 1, 3, 4.) Defendant Sean Wilczak agreed to rent the Premises pursuant to a written agreement (Agreement). (Complaint, ¶¶ 6a, 6b, 6e & exhibit 1.) The Agreement lists two people as tenants, including Wilczak among those two. (Complaint, exhibit 1.) The Agreement originally provided for monthl...
2022.08.05 Demurrer 896
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.08.05
Excerpt: ...e Santa Barbara area. (Complaint, ¶¶ 14, 18.) Cottage Health provides health care services from Santa Barbara Cottage Hospital, Goleta Valley Cottage Hospital, and Santa Ynez Valley Cottage Hospital, and from smaller urgent care and other facilities. (Complaint, ¶¶ 2, 19.) “Kaiser Foundation Health Plan, and their related entities” is made up of three distinct but interdependent groups of entities, the Kaiser Foundation Health Plan, Inc. ...
2022.08.03 Motion to Enforce Judgment Settlement Agreement, OSC Re Preliminary Injunction 830
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.08.03
Excerpt: ...Hicks and Georgette Topakas,Co‐Trustees of the Topakas & Hicks Family Living Trust, dated May 7, 2003: David J. Tappeiner, DT Law Partners, LLP Emails: [email protected]; [email protected]; [email protected] RULING Plaintiff's motion is granted, in accordance with this ruling. Plaintiffs shall submit the judgment. NOTE: This case is also on the 8:30 am Case Management Calendar; the Court will call both matters at 8:30am; you are firs...
2022.08.03 Motion to Compel Compliance with Business Records Subpoena 299
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.08.03
Excerpt: ...ells Fargo Bank, NA: Max Fischer, Morgan, Lewis & Bockius LLP (pro hac vice application pending) Emails: [email protected]; [email protected]; [email protected] ; MATTER Defendants Michael Corrigan and Corrigan & Company's Motion To Compel Compliance With Business Records Subpoena By Non‐Party RULING Defendants' motion is denied. Background As alleged in the third amended complaint (TAC), the operative pleading in this matter, ...
2022.08.03 Demurrer, Motion to Strike 055
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.08.03
Excerpt: ...aylorring.com; [email protected]; [email protected]; NBerkel [email protected] HEARING (1) Demurrer of District to Complaint (2) Motion of District to Strike Portions of Complaint RULINGS 1. The demurrer of defendant Santa Barbara Unified School District is sustained, with leave to amend, as to the fifth cause of action of plaintiff John Doe #2's complaint (for breach of mandatory duty: failure to report suspected child abuse), and is sust...
2022.08.03 Demurrer 629
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.08.03
Excerpt: ...Inc.'s demurrer is sustained without leave to amend. Background Plaintiff Rusty Rendon's original complaint, filed on February 16, 2022, alleged one cause of action for violation of the Unruh Civil Rights Act, Civil Code section 51 et seq. (Unruh Act), against defendant Procore Technologies, Inc. (Procore). Pursuant to the Court's Minute Order dated April 27, 2022 (Minute Order), the Court sustained Procore's demurrer to the complaint, with leave...
2022.08.02 Motion for Attorney Fees 405
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2022.08.02
Excerpt: ...023, plus post‐judgment interest at 10 percent from March 10, 2022. Notice of entry of judgment was filed July 20, 2022. The court signed the Amended Statement of Decision on July 21, 2022.[1] Pacifica asks for attorney's fees of $155,238.03, as the prevailing party to both its operative pleading (involving a breach of the commission agreement) and the defense of 1599 West's cross‐complaint, alleging professional negligence. Pacifica acknowle...
2022.08.01 Demurrer 360
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.08.01
Excerpt: ...Defendant Steven Libowitz: Alexander Entrekin, Legal Aid Foundation of Santa Barbara County TENTATIVE RULING: For the reasons set forth herein, the general demurrer of defendant Steven Libowitz to the complaint of plaintiffs Nick Taylor and Violeta Taylor, co‐trustees of The Taylor Family Trust, is sustained without leave to amend. Background: As alleged in plaintiffs' complaint: Plaintiffs Nick Taylor and Violeta Taylor are co‐trustees of Th...
2022.08.01 Motion for Summary Judgment 096
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.08.01
Excerpt: ...s Caroline Diani and Jeffrey Doornbos: Richard R. Clouse, Benjamin A. Colsten, Clousespaniac Attorneys TENTATIVE RULING: Defendants' motion is denied. Background: This case arises out of a dog bite that occurred when plaintiff Jillian Rogers was dog sitting for defendants Caroline Diani and Jeffrey Doornbos at their residence located in Santa Barbara, California. Plaintiff alleges that as she tried picking up the dog, it lunged and viciously atta...
2022.08.01 Motion to Disqualify Testimony, to Appoint Ad Litem Trustee, for Leave to File FAC 282
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.08.01
Excerpt: ...f Plaintiff for Declaration of and Disqualification of Mary Long Berry Testimony Due to Incompetency (3) Motion of Plaintiff to Appoint Trustee ad Litem (4) Motion of Plaintiff to Set Mandatory Settlement Conference ATTORNEYS: For Plaintiff Sharon E. Green: John K. Dorwin For Plaintiff Franciscan Oaks Homeowners Association: Norman S. Wisnicki For Defendant Mary Long Berry: Robert A. Morgenstern, Paul A. Elkort, Ajay Sood, Morgenstern Law Group; ...
2022.07.25 Motion to Strike Answer in Intervention or for Judgment on the Pleadings 388
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.07.25
Excerpt: ...rust, Carolyn Pappas, Patrick L. Connelly, individually and on behalf of the Plaintiff Classes: A. Barry Cappello, Richard Lloyd, Cappello & Noel, LLP For Plaintiffs Hollister Ranch Owners' Association and The Hollister Ranch Cooperative: Beth A. Collins, Brownstein Hyatt Farber Schreck, LLP For Defendants California Coastal Commission and State Coastal Conservancy: Rob Bonta, Jamee Jordan Patterson, Mitchell Rishe, Leena Sheet, Office of the Att...
2022.07.25 Motion to Strike 026
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.07.25
Excerpt: ... Plaintiff shall file and serve his amended pleading on or before August 9, 2022. Background: In the complaint filed on March 15, 2022, plaintiff Peter Kurrels alleges four causes of action against defendant Rodney E. Lund for breach of warranty of habitability, breach of warranty of quiet enjoyment, negligence, and breach of contract/recission. Kurrels seeks general damages, punitive damages, a return of rent money paid, and attorney's fees. As ...
2022.07.25 Motion for Summary Judgment, Adjudication 084
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.07.25
Excerpt: ...le, Nye, Peabody, Stirling, Hale & Miller, LLP For Defendant Carpinteria Community Church: Thomas E. Beach, Sueanne D. Chadbourne, Darryl C. Hottinger, Beach Law Group, LLP TENTATIVE RULING: The motion of defendant Carpinteria Community Church for summary judgment or alternatively for summary adjudication is denied in its entirety. Background: Plaintiff Katelyn Geary filed this action on February 19, 2015. The operative pleading is the third amen...
2022.07.25 Demurrers 616
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.07.25
Excerpt: ...y For Defendants Mikki Reilly and Fitness Transform: Matthew Olufs, Law Offfice of Matthew Olufs For Defendant Financial Credit Network, Inc.: Gabe P. Wright, Trevor S. Locko, Hahn Loeser & Parks LLP TENTATIVE RULING: The Court continues the hearing on both demurrers to August 22, 2022. Background: Plaintiff Anne Fristoe, M.D., filed her original complaint in this matter on November 22, 2021, alleging three causes of action against defendants Mik...
2022.07.15 Motion to Strike 089
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.07.15
Excerpt: ...y north of the City of Goleta. As alleged in the Second Amended Complaint (“SAC”), which is the operative pleading, on September 10, 2019, plaintiffs Austin Buist, Maverick Buist, a minor, and Allyson Jean Buist, decedent, were travelling southbound on US‐101 approaching the intersection of Las Varas Ranch Road. (SAC, ¶¶ 10, 14.) Defendant Garrett Anthony Staab (“Staab”) was travelling northbound on US‐101. (SAC, ¶ 15.) At that loc...
2022.07.15 Motion to Continue Trial 860
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.07.15
Excerpt: ... conduct its investigation regarding the claims of Watkins; despite diligent efforts to do so; continues to conduct written discovery; despite requesting dates for Plaintiff's deposition in mid to late May of 2022, Plaintiff's counsel indicated their unavailability and the parties began looking at deposition dates in June of 2022; Counsel for Litchhfield offered three dates in early June, but having received no response whatsoever from Plaintiff'...
2022.07.15 Motion to Compel Further Responses, for Sanctions 625
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.07.15
Excerpt: ...375.00, payable to Mr. Vargas' counsel. Payment of sanctions is due by August 15, 2022. On the CMCO: This case was filed in 8/2019 and needs to be set for trial and either tried or settled. The Trial date is April 24, 2023, at 11:30am The Mandatory Settlement Conference is April 7, 2023, at 8:30am Do not stipulate to a continuance; do not seek a continuance except for very good cause shown. Background This action arises from an automobile acciden...
2022.07.15 Motion to Appear Pro Hac Vice, Demurrer 505
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.07.15
Excerpt: ...ckground: This dispute arises out of the demolition, remediation, and restoration of the Gaviota Marine Terminal (the “Project”) located in Goleta, California. On October 23, 2019, plaintiff Remedial Construction Services, L.P. (“RECON”) filed a first amended complaint (“FAC”) alleging causes of action for negligent misrepresentation, negligence, breach of contract, services rendered, breach of the implied covenant of good faith and f...
2022.07.15 Motion for Reconsideration 732
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.07.15
Excerpt: ...t entered against them is denied. On the CMC. No further CMC is required, and none will be set. Background On April 29, 2021, plaintiff Kea Plumbing (Kea) filed its complaint in this action asserting five causes of action: (1) foreclosure of mechanic's liens; (2) breach of contract; (3) unjust enrichment; (4) defamation; and (5) interference with contractual relations. The claims of the complaint generally arise out of allegations that Kea, a plu...
2022.07.15 Motion for Leave to Conduct Mental Exam 879
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.07.15
Excerpt: ...th a switchblade knife. [Plaintiff] suffered severe, gruesome and permanent physical, mental, and emotional injuries.” (Compl., ¶ 5.) Plaintiff alleges that Joshua Vides and Patti Jean Vides gave defendant Cora Vides, who is their daughter, a switchblade knife on February 8, 2021, the date of Cora Vides' sixteenth birthday. (Compl., ¶ 10.) The complaint alleges one cause of action for negligence against defendants Cora Vides, Joshua Vides and...
2022.07.12 Motion for Leave to File Amended Complaint 565
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2022.07.12
Excerpt: ... with the same seven causes of action advanced in the second amended pleading. Plaintiff has attempted to overcome the deficiencies identified by the court. Defendants again demur to all seven causes of action, and have additionally filed a motion to strike all requests for punitive damages. Plaintiff has filed opposition. Meanwhile, plaintiff, on June 14, 2022, for hearing today, submitted a motion for leave to file a fourth amended complaint, a...
2022.07.11 Motion to Quash Service of Summons 967
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.07.11
Excerpt: ... Firm For Defendant Elizabeth Neuman: Self‐Represented TENTATIVE RULING: Plaintiff is ordered to appear at the hearing on defendant's motion to quash, in accordance with this ruling. Should plaintiff fail to appear at the hearing and provide information in accordance with the Court's ruling herein, defendant's motion will be granted. Background: On May 24, 2022, plaintiff Sandpiper Property Management Inc. (“Sandpiper”) filed a complaint fo...
2022.07.11 Demurrer 594
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.07.11
Excerpt: ...Phair, Daniel R. Stefany, Hunton Andrews Kurth LLP TENTATIVE RULING: The Demurrer of Defendant Bath & Body Works, LLC to plaintiff's complaint is overruled. Defendant shall file and serve its answer to the complaint on or before July 21, 2022. Background: Plaintiff Matilda Dahlin's putative class action complaint for violations of Title 15 United States Code section 1681(c)(g) (the “Fair and Accurate Credit Transactions Act of 2003 or “FACTA�...
2022.07.08 Motion to Quash 966
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.07.08
Excerpt: ...andpiper Property Management Inc. (“Sandpiper”) filed a complaint for unlawful detainer against defendant Sean Wilczak (“Wilczak”). On June 13, 2022, Sandpiper filed an application and order to serve the summons on the complaint by posting, pursuant to Code of Civil Procedure section 415.45, subdivision (a). The Court granted the application and signed the order on June 10, 2022, which was filed on June 13, 2022. Pursuant to the Court's o...
2022.07.08 Motion to Expunge 198
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.07.08
Excerpt: ...ly 22, 2022. Any party may file and serve a response to another party's supplemental brief on or before July 29, 2022. Background: As alleged in the operative pleading, the first amended complaint (FAC), of plaintiff Gabrielino‐Tongva Tribe (Tribe): On November 6, 2006, the Tribe filed a complaint against defendant Jonathan Stein (Jonathan) in Los Angeles County Superior Court in case No. BC361307 (the Underlying Action). (Note: The court uses ...
2022.07.08 Motion to Disqualify Counsel 716
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.07.08
Excerpt: ...Ct), after years of litigation. In that court, the Honorable Yvette M. Palazuelos entered a compensatory damage award of $20,411,067.23 against these defendants and in favor of Tribe on November 8, 2018. The punitive damage phase of the litigation then proceeded, ultimately resulting in a $7,000,000 punitive damage award against the defendants. Judgment was ultimately entered on August 27, 2019, on which date the LASCt also issued a lengthy State...
2022.07.08 Motion for Attorney Fees 617
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.07.08
Excerpt: ...020, alleging one cause of action for breach of a March 1, 2019 “Shopping Center Lease” (“Lease”) for premises located at 904 Rancho Parkway, Suite F4‐A, Arroyo Grande, CA 93420. On January 28, 2022, the Court granted plaintiff's motion for summary judgment, and on March 1, 2022, entered judgment in plaintiff's favor in the amount of $237,673.42. On March 2, 2022, plaintiff filed and served on defendant a notice of entry of judgment. Pl...
2022.07.06 Motion to Transfer Case 700
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.07.06
Excerpt: ...rticulture Farmland, LLC: Robert J. Noriega, Mark R. Bateman, Brett A. Stroud, Lauren N. Naworski, Law Offices of Young Wooldridge, LLP Emails: [email protected]; [email protected]; mtang@ty sonmendes.com; [email protected]; joe.salazar@lewisbrisboi s.com; [email protected]; [email protected]; mb [email protected]; lnaworski- [email protected]; [email protected]; cc: Email string ...
2022.07.06 Demurrer, Motion to Sever, to Strike 903
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.07.06
Excerpt: ...2. 2. FIC's motion to sever and reclassify the Cross-Complaint as Limited Jurisdiction is denied. 3. FIC's request for Judicial Notice in support of the Demurrer is denied. 4. FIC's Motion to Strike Punitive Damages is granted. 5. CEI's requests for Leave to Amend and/or to name Melody Yoon and Jeffrey Abbott of FIC is denied. Analysis Demurrer by FIC The court's only task in ruling on a demurrer is to determine whether the complaint states a cau...
2022.07.01 Motions to Compel Further Responses 049
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.07.01
Excerpt: ... Michael D'Alise shall serve verified further responses, without objection and in a form complying with the Code of Civil Procedure, on or before July 25, 2022. (2) As set forth herein, the motion of plaintiff Reece Williams to compel further responses to requests for admission, set one, is granted to compel further responses to requests for admission Nos. 5, 6, 9, 10, 11, 12, 13, and 14. Defendant Michael D'Alise shall serve verified further res...
2022.07.01 Motions to Compel Further Responses 044
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.07.01
Excerpt: ... Michael D'Alise shall serve verified further responses, without objection and in a form complying with the Code of Civil Procedure, on or before July 25, 2022. (2) As set forth herein, the motion of plaintiff Keely Gonzalez to compel further responses to requests for admission, set one, is granted to compel further responses to requests for admission Nos. 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, and 15. Defendant Michael D'Alise shall serve verifie...
2022.07.01 Motion for Summary Judgment 207
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.07.01
Excerpt: ...he motion, arguing that there exist triable issues of fact as to whether Saville's conduct falls within the primary assumption of risk doctrine and Saville's duty to use due care. It is undisputed that on July 5, 2018, Olson and Saville were surfing in the water at Miramar Beach with several other surfers around them when they, and at least one other surfer, caught the same wave (the “Subject Wave”). (Opposing Separate Statement [“Opp. Sep....
2022.06.29 Demurrer, Motion to Strike 171
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.06.29
Excerpt: ...we's Home Centers, LLC: Joan E. Cochran, Jacqueline M. Wade, Cochran, Davis & Associates, P.C. Emails: [email protected]; [email protected] MATTERS (1) Demurrer to Complaint (2) Motion to Strike RULING (1) Defendant Lowe's Home Centers, LLC's, demurrer is sustained without leave to amend. (2) Defendant Lowe's Home Centers, LLC's, motion to strike is granted. Background As alleged in plaintiffs' complaint filed on January 14, 2022, pla...
2022.06.29 Demurrer, Motion to Strike 789
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.06.29
Excerpt: ...rrisoncohen.com; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; boden@g‐ tlaw.com; downs@g‐tlaw.com; Matter ALSANA'S demurrer, motion to strike and anti‐SLAPP motion against Steiner's Cross‐Complaint [“CC”]; Evidentiary Objections. Rulings 1. Evidentiary Objections: 1. To Declaration of Jennifer Steiner Paragraph 12 (3:16‐19): Overruled Paragraph 13 (3:...
2022.06.24 Motion for Attorney Fees 560
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.06.24
Excerpt: ... Hand was traveling northbound on La Cumbre Road in the City of Santa Barbara, California. Hand had a green light at the intersection of La Cumbre Road and Calle Real when defendant Gregorio Ruiz Solis (“Solis”) made a left turn onto Calle Real in front of Hand. Hand was unable to stop, and Solis collided with her front right bumper with great force. Hand sustained injuries to her neck and back as a result of the crash. Based on information b...
2022.06.24 Motion for Determination of Good Faith Settlement 727
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.06.24
Excerpt: ... two), 7) negligence (count one), 8) negligence (count two), 9) respondeat superior, 10) negligence (count three), 11) negligence (count four), 12) common count, and 13) indemnification for any amounts she may owe taxing authorities. Among the defendants is Partnervest Advisory Services, LLC (“Partnervest”), against whom plaintiff alleges two causes of action for respondeat superior (the ninth cause of action) and negligence (the tenth cause ...
2022.06.22 Motion for Attorney Fees 600
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.06.22
Excerpt: ...y Delaney for an award of reasonable attorney fees and costs pursuant to Code of Civil Procedure section 425.16, subdivision (c) is granted. The Court awards reasonable attorney fees and costs in favor o f defendant Timoth y Delane y and a gainst plaintiff Viviane Delan y in the amount of $18,665 . Background On September 8, 2021, plaintiff Viviane Delane y (Viviane) filed her ori ginal complaint in t action. On January 6, 2022, Viviane filed her...
2022.06.22 Demurrer 171
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.06.22
Excerpt: ...e's Home Centers, LLC: Joan E. Cochran, Jacqueline M. Wade, Cochran, Davis & Associates, P.C. Emails: [email protected]; [email protected] MATTER Demurrer To Complaint RULING Defendant LG Electronics U.S.A., Inc.'s demurrer to the complaint is sustained without leave to amend. Background As alleged in plaintiffs' complaint filed on January 14, 2022, plaintiffs Kristin Fraser and Jason Lloyd purchased a 2019 LG clothes dryer from defen...
2022.06.20 Motions to Compel Further Responses, for Sanctions 808
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.06.20
Excerpt: ... Documents and Request for Sanctions ATTORNEYS: For Plaintiff Alan Cerf: Stephen McElroy, Josh Dowell, Ryan Davidson, McElroy Parris Trial Lawyers, Richard R. Bredlau, Law Offices of Richard R. Bredlau For Defendant William Woodward: Craig A. Livingston, John C. Hentschel, Livingston Law Firm TENTATIVE RULING: Plaintiff's motions are granted, except as to sanctions. Defendant William Woodward shall serve verified further responses to plaintiff's ...
2022.06.20 Motion to Compel Further Responses 909
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.06.20
Excerpt: ...anctions ATTORNEYS: For Plaintiff Yvonne Saldana: Elliot J. Siegel and Margaret R. Wright, King & Siegel LLP For Defendants Brown & Brown Insurance Services of California, Inc., Brown & Brown, Inc. and John Esposito: Daniel B. Chammas and Caleb Y. Lee, Ford & Harrison LLP TENTATIVE RULING: Plaintiff's motion of plaintiff to compel further responses to discovery, and for sanctions, filed on January 10, 2022, is granted. (2) Defendant Brown & Brown...
2022.06.20 Motion to Compel Further Responses 083
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.06.20
Excerpt: ...ntiff the People of the State of California: Joyce Dudley, Christopher B. Dalbey, Morgan S. Lucas, Santa Barbara County District Attorney's Office, Michael N. Feuer, Robert Cha, Christina V. Tusan, William R. Pletcher, Miguel J. Ruiz, Office of the Los Angeles City Attorney Criminal and Special Litigation Branch For Defendant Sunseeker Enterprises, Inc. dba Sun Firedefense: Scott McEwen, Huston & McEwen For Defendant James Moseley: William Chapma...
2022.06.20 Motion for Summary Judgment 142
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.06.20
Excerpt: ...rown, Jessica M. Garcia, William Bellor-Yeh, Zwicker & Associates, P.C. For Defendant Christopher A. Thierfelder: Self-represented TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff U.S. Bank National Association for summary judgment is granted for judgment in favor of plaintiff and against defendant Christopher A. Thierfelder in the amount of $4,640.62. Background: On March 19, 2021, plaintiff U.S. Bank National Associat...
2022.06.17 Motion for Attorney Fees 619
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.06.17
Excerpt: ...n the amount of $1,941.50. Background: On December 20, 2016, judgment creditor Andersen Springs Community Association (ASCA) obtained a judgment in its favor in the Justice Court, West Mesa Precinct, County of Maricopa, State of Arizona (AZ Judgment) against judgment debtors Veronica Loza and Udy Loza, a marital community. (Application for Entry of Judgment, filed Apr. 2, 2018, exhibit A.) On April 2, 2018, ASCA filed its application with this co...
2022.06.17 Demurrer 239
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.06.17
Excerpt: ...�). As alleged in the complaint, from September 21 through September 27, 2020, plaintiff was a guest at a rental property owned by Beach Group and located at 3349 Cliff Drive in Santa Barbara, California 93109 (“Premises”). (Complaint, ¶ 9.) During his stay at the Premises, plaintiff used the pool and spa located in the backyard. (Ibid.) The pool and spa were contaminated with the legionella bacterium and, as a result, plaintiff contracted L...
2022.06.17 Motion to Compel Production of Docs 728
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.06.17
Excerpt: ...ance with this ruling. In addition, the Court awards sanctions in favor of The Regents of the University of California, against plaintiff, in the amount of $1,000.00, payable to defendant's counsel. Payment of sanctions is due by July 17, 2022. Background: This is a consolidated action for pre-trial purposes only. On March 26, 2021, plaintiff Ryan Hashimoto filed a complaint against The Regents of the University of California, the University of C...
2022.06.17 Motions to Compel Further Responses 044
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.06.17
Excerpt: ...fendant Michael D'Alise shall serve verified further responses, without objection and in a form complying with the Code of Civil Procedure, on or before July 11, 2022. (2) As set forth herein, the motion of plaintiff Keely Gonzalez to compel further responses to requests for admission, set one, is granted to compel further responses to requests for admission Nos. 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, and 15. Defendant Michael D'Alise shall serve ...
2022.06.15 Motion to Disqualify Counsel 700
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.06.15
Excerpt: [email protected] Los Posas v Fox Canyon master email string Matters 1. Kirschbaum's Motion to Disqualify (1) attorne ys Russell McGlothlin, Scott Slater, Matt Farber Schreck LLP from representing any party to this action. 2. Peremptor y Challen ge filed 6/9/22 b y the Law Offices of Youn g Wooldrid ge, LLP Attor 3. Evidentiary Objections 4. Request to Strike and Ob jections to new evidence presented in the Declaration of Neal M 5. Reque...
2022.06.15 Motion for Entry of Judgment 751
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.06.15
Excerpt: ...ion is GRANTED. Plaintiff has submitted a Judgment that provides “that Plaintiffs motion shall be granted, and judgment shall be entered.” The Court wants a judgment consistent with the analysis below; to wit: Judgment in the amount of $86,424.97 including costs pursuant to a memorandum of costs. Background This is a debt collection action. On October 20, 2017, plaintiff SoFi Professional Loan Program Grantor Trust 2014-B filed a complaint al...
2022.06.14 Motion to Strike, Demurrer 105
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2022.06.14
Excerpt: ...h a first amended complaint filed on November 19, 2019, leading to (following a stipulation); a second amended complaint was filed on December 22, 2021. The second amended complaint (the operative pleading) advances three survivor causes of action, with battery as the first, negligence as the second, and dependent care abuse as the third. Plaintiff is the decedent Charles Primbs' brother, who filed an affidavit/declaration showing he is the deced...
2022.06.10 Motions to Compel Responses, to Strike 146
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.06.10
Excerpt: ...9 (“$170,000”), 22 through 25 (“Moreover … Defendants.”), and 28 (“$2,000,000,000”), at page 10, lines 2 (“$13,500”), 17 (“$13,500”), and 20 (“$100,000”), at page 13, lines 9 to 24 (“since Plaintiff also … by the Defendants.”), at page 14, line 27 (“The failure to act …”) to page 15, line 9 (“… of the Defendants).”), at page 15, line 11 (“Federal law gives …”) to page 17, line 12 (“… on July 9...
2022.06.10 Motions to Compel Compliance with Discovery and Limited Second Deposition 324
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.06.10
Excerpt: ...d complaint in this action against defendant William Charles Conway, M.D., alleging causes of action for professional negligence arising out of post-surgical treatment of Wideman following surgery performed by Dr. Conway. On April 8, 2022, the court granted Dr. Conway's motion to compel production of documents in connection with the deposition of plaintiff Wideman's expert, Farzad Alemi, M.D. In its ruling, the Court ordered plaintiffs to provide...
2022.06.10 Motion to Strike 512
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.06.10
Excerpt: ...omplaint seeks, among other things, late fees pursuant to the Rental Agreement. [Complaint at ¶ 19.i.(2).] There are no further allegations related to the request for late fees against defendant. The Rental Agreement, attached as Exhibit 1 to the Complaint, provides for a Late Rent Charge of “$35.00 after 3 days”, at Section G. It provides further, at ¶ 3: Late Payment Charge/Insufficient Funds: If rent is paid after 3 days after the rent d...
2022.06.10 Motion for Protective Orders 645
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.06.10
Excerpt: ...dant Raytheon Company (Raytheon) for violation of the California Fair Housing and Employment Act (FEHA) (Gov. Code, § 12900 et seq.) and other statutes, alleging, among other things, that she was not paid as much as other comparable employees on account of her age and gender. On July 29, 2021, plaintiff served on Raytheon plaintiff's requests for production of documents, set two (RFP). Those requests sought, among other things, production of ele...
2022.06.10 Motion for Consolidation 998
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.06.10
Excerpt: ...ent shall be filed only in the lead case. All subsequently filed documents in the consolidated case must include the caption and case number of the lead case, followed by the case numbers of the other consolidated case. Background: On September 28, 2021, plaintiff Diego Urbina-Javier filed his original complaint in Urbina-Javier v. Smith, case number 21CV03850, against defendants Batte Thomas Lowe Smith and Nebhut Smith (collectively, defendants)...
2022.06.10 Demurrer 027
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.06.10
Excerpt: ...s and Kathleen M. Copus, individually and as Trustees of the Copus Family Trust (“Copus Defendants”), on February 4, 2022. The FAC alleges fourteen causes of action against the Copus Defendants for (1) failure to pay wages; (2) rest period violations, (3) failure to reimburse work-related expenses, (4) violations of California Labor Code section 226, (5) unfair competition/violation of Business and Professions Code section 17200, (6) willful ...
2022.06.08 Motion to Quash Service of Process 890
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.06.08
Excerpt: ...hen plaintiff was injured when loosely-stacked railroad ties tumbled down, knocking plaintiff to the ground and causing her injuries. The property on which the incident occurred was located at 285 Sherwood Drive, Santa Barbara, CA, which consists of three separate residential units, a 4-bedroom unit, a 2-bedroom unit, and a studio unit over a 2-car garage. The studio unit is legally a part of this property, but has a separate postal address of 29...
2022.06.08 Motion to Limit Deposition Subpoena for Production 542
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.06.08
Excerpt: [email protected]; johnn yru n @victims.ca.gov HEARING Motion of Defendant Justin Sell to Quash Deposition Subpoena. RULING As set forth herein, the motion of defendant Justin Sell to limit the business records depos i business records of the California Victim Compensation Board for which the custodian of records relatin g to criminal conduct (alle ged or otherwise) between Justin Sell and an y un d disclosed except as required in connection with t...
2022.06.08 Motion to Compel Further Responses, for Leave to File FAC 306
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.06.08
Excerpt: ...any, LLC, Mediscore, LLC, Todd Kaplan, Jeff Silver, Bill Sutman, and Smoke Wallin: Elyse S. Kaplan Emails: [email protected];[email protected];[email protected] MATTERS Plaintiffs' Motion For Leave To File First Amended Complaint; and Plaintiffs' Motion To Compel Further Responses To Request For Production, Set Two, and for Monetary Sanctions. RULING (1) Plaintiffs' motion for leave to file a first amended complaint is granted. Plaintiffs ...

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