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Location: Santa Barbara x
Judge: Geck, Donna x
2023.05.05 Motion to Compel Further Responses 337
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.05.05
Excerpt: ... was commenced on June 22, 2022, by the filing of the complaint by plaintiff Joseph Rocco against City of Goleta, City of Santa Barbara: County of Santa Barbara C 'County"): and Califomia Department of Transportation. City of Santa Barbara and Califomia Department of Transportation were subsequently dismissecL The action now proceeds against County of Santa Barbara and City of Goleta. The complaint contains a single cause of action for premises l...
2023.05.05 Motion for Leave to File Amended Complaint 501
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.05.05
Excerpt: ...0. On October 30, without any response having been filed by any party: Stiglmier filed his first amended complaint (FAC)_ The FAC asserted eight causes of actiom (1) false arrest; (2) false imprisonment; (3) negligence; (4) battery; (5) intentional infliction of emotional distress; (6) violation of statutory duty to properly train officers; (7) violation of statutory duty to properly supervise officers in the field; (S) violation of title 42 Unit...
2023.05.05 Motion for Attorney Fees 020
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.05.05
Excerpt: ...imesberger in the amount of Background: As alleged in the cross-complaint (CC) of Daniel Preimesberger (Preimesberger) Preimesberger is an owner of: and resides at: real property located at 4647 Via Bendita: Santa Barbarm (CC, 6.) Cross-defendants Travis Logue and Lara Logue (collectively: the Logues) are owners of: and residents of, real property located at 4668 Via Bendita: Santa Barbara: which is adjacent to 4647 Via Bendita and the common int...
2023.05.05 Demurrer 299
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.05.05
Excerpt: ...Meadows entered into a written six-month residential lease on May 4, 2022: for the rental of a room located at 671 Arundel Road: Goleta: at S 1, 100.00 per month in rent. (Complaint: 6) However: this is contradicted by the lease that is attached to the complaint The lease shou•s that the term of the lease is one year. Marquis alleges that the tenancy is subject to the Tenant Protection Act of 2019. (Complaint: 7 On March 22, 2023, a Three-Day N...
2023.04.28 Motion to Compel Production of Docs 597
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.04.28
Excerpt: ...bership Interest" (Petition) pursuant to Corporations Code section 17711.06. (Petition: p. 4.) In its Minute Order dated May 20, 2022, the coun noting that Corporations Code section 17711.06, subdivision (a): required the filing of a "complaint": ordered the hearing on the petition off calendar as premature. On May 23: 2022: Welsh filed his complaint in this matter against defendants Fiore Management: Inc. (Fiore) and Adrian Z Sedlin (Sedlin): st...
2023.04.28 Motion for Attorney Fees 966
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.04.28
Excerpt: .... Background: As explained in the court' s statement of decision (Statement of Decision), filed on January 27 2022: and attached to the judgment entered in this matter on October 10, 2022 (Judgment) 'This action arises out of an October S: 2016 automobile versus pedestrian accident wherein Defendant Berl Golomb ('Mr. Golomb') drove his Prius into the front entrance of Cross- Complainant TRADER JOE'S CONIPANY: -S ('Trader Joe's') store located in ...
2023.04.28 Motion for Attorney Fees 965
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.04.28
Excerpt: ...sonable and grants final approval _ (2) The class representative incentive payment of $7 , 500 to individual plaintiff Rory Massey is reasonable and is approved. (3) Settlement administration costs of S8 500.00 is reasonable and is approved. In the alternative: plaintiff may elect to re-notice the class action settlement with the correct amount: as previously approved, of up to $10,500.00. In the event that plaintiffs do not elect to re-notice th...
2023.04.28 Demurrer, Motion to Strike 792
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.04.28
Excerpt: ...sed. Background: Plaintiff Karen Dawn (Dawn) filed her original complaint on May 10, 2022, alleging one cause of action for intentional infliction of emotional distress against defendant Peter Singer (Singer) Singer demurred to the original complaint and on December 16: 2022: the demurrer was sustained with leave to amend. Dawn was given until January 27: 2023: to file her FAC. Dawn filed her FAC on January 27: 2023 The FAC. although formatted di...
2023.04.28 Demurrer 794
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.04.28
Excerpt: ... (the Tom Bane Civil Rights Act or Bane Act); (2) battery; (3) sexual battery; (4) medical battery; and (5) intentional infliction of emotional distress against defendants Susanne Ramos and Dr. Susanne L. Ramos: M_D_: Inc. Plaintiff defines the term 'Defendant" as used in the complaint to mean Susanne Ramos (Dr. Ramos): who plaintiff alleges is an obstetrician and gynecologist. (See Complaint: 1 : 6.) As alleged in the complaint: aner plaintiff b...
2023.04.07 Demurrer 445
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.04.07
Excerpt: ... 2023 plaintiff is the property manager of premises located at 2517 Modoc Road, 24, in Santa Barbara: Califomia (the premises). (Complaint: 3 _a, 4.) On July 31 : 2021: defendants entered into a written residential rental agreement (the agreement) with plaintiff for the premises. (ld at "16 _a, 6b, 6 .e & Exh 1_) Defendants agreed to rent the premises for one year and to pay monthly rent in the amount of $2,225 (ld. at (2)_) The tenancy is subjec...
2023.03.24 Demurrer 357
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.03.24
Excerpt: ...intiffs' first arnended complaint (FAC)- This action seeks a comprehensive adjudication pursuant to the Groundwater Adjudication Statute (Code Civ. Proc_: 830 et seq_) to determine all rights to extract groundwater in the Santa Clara River Valley — Oxnard Groundwater Subbasin and the Pleasant Valley Groundwater Subbasin (collectively: Basins). (FAC: 3: 41.) Plaintiffs each 01vn land overlying the Basins, and each grows commercial crops that are...
2023.03.24 Demurrer 675
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.03.24
Excerpt: ...nagement ("Meridian") against defendants Guadalupe Zarate ('Zarate") and Roberto Zarate Cervantes aka Roberto Zarate related to an apartment at 450 Elluood Beach Unit 9: Goleta. The complaint is verified with the written lease: rent increase letters, a notice to vacate, and proof of service for the notice attached as exhibits The parties entered into the written month-to-month lease agreement on March 29: 2017 _ (Complaint: 6 & Exh 1.) The body o...
2023.03.24 Motion for Terminating Sanctions 272
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.03.24
Excerpt: ...dresses and to file a proof of service of the notice on or before March 30, 2023 _ Except as othen.vise herein granted: plaintiff s motion is denied. Background: On March 29, 2021 plaintiff Bridger Claims Services, LLC, filed its complaint in this matter alleging that it had in effect an automobile insurance (the policy) with its insured Erika Vargas Roman. Plaintiff made payments under the policy for the repair of property and bodily Injury cost...
2023.03.24 Motion to Compel Further Responses 077
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.03.24
Excerpt: ... 3 _ The motion to compel fin-ther responses to form interrogatories 50.1 through 50.6 is denied. 4. Nabis shall serve åurther responses: objection: no later than April 14: 2023. 5 _ The request of HERBL for an award of monetary sanctions is granted in favor of HERBL and against Nabis and its counsel: Wilson: Elser, Moskowitz, Edelman & Dicker: LLP: jointly and severally, in the amount of SS 221 1 00: to be paid to counsel for HERBL on or before...
2023.03.17 Motion to Remove Jane Doe Pseudonym 042
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.03.17
Excerpt: ...r to reflect plaintiff s true name. Background: This is a whistleblower retaliation and wronghal termination action. Plaintiff filed her complaint on December 4: 2020, under the pseudonym Jane Doe "in order to protect her legitimate privacy rights" and because she is "fearful of åurther retaliation by Defendants and others in the local medical community if her tme identity is revealed publicly in connection with this lawsuit" (Complaint: _ ) The...
2023.03.17 Motion to Direct Levying Officer to Seize Property 541
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.03.17
Excerpt: ...st defendant Peter Kurrels: individually and dba The Engine Company Auto Repair for breach of contract and common counts. Lund alleges that Peter Kurrels failed to make monthly payments pursuant to a promissory note signed by the parties. Coult records reflect that the default of the named defendant was entered on December 1 2020. A court judgment by default against ' 'Peter KulTels dba The Engine Company Auto Repair" in the amount of was filed o...
2023.03.17 Motion to Compel Mental Exam 536
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.03.17
Excerpt: ...a proposed order that conforms to the court: s ruling herein. Background: The c#rative pleading in this matter is the first amended complaint (FAC) filed on October 27 2022, by plaintiffs Brian Willis: Maeve Willis: and minors Enzo Willis and Mia Willis by and through their guardian ad litem_ As alleged in the FAC: on May 1 : 201 S: plaintiffs were stopped in their vehicle on US. Highway 101 at the Nojoqui grade in the County of Santa Barbara whe...
2023.03.17 Motion to Compel Arbitration 157
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.03.17
Excerpt: ... when he encountered a dangerous and unsafe walkway on the property which was unguarded causing plaintiff to fall more than 25 feet resulting in severe and permanent injuries. (Complaint: 6, 7 _ ) At the time of his injury: plaintiff was employed by Legado Compames dba JDC Management Co. ("JDC")_ LSR owns a private 158-acre ranch and corporate retreat located at 2720 Painted Cave Road in Santa Barbara. (Litwin Dec.: 3.) JDC serves as the property...
2023.03.10 Motion for Summary Judgment, Adjudication 481
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.03.10
Excerpt: ...r summary adjudication is denied in its entirety. Background: (1) Allegations of Plaintiffs' Complaint As alleged in the complaint: Plaintiffs Richard Weger (Weger) and Kathleen Dagg (Dagg), as trustees of the Weger/Dagg Family Trust dated October 5, 1996, are owners of real property located at 1429 Olive Street, Santa Barbara (Plaintiffs' Property). (Complaint, ¶ 5.) Defendant Mary Alice Medina (Medina) is the owner of real property adjacent to...
2023.03.10 Demurrer, Motion to Strike 456
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.03.10
Excerpt: ... automobile versus bicyclist accident that occurred on January 3, 2021, on Highway 101, crossing the Arroyo Quemada Bridge in Santa Barbara County, California. Plaintiff Ronald Wilmot was riding his bicycle southbound on Highway 101 when he was struck by a vehicle being driven by defendant Susan McCurnin. Plaintiffs Ronald and Sandy Wilmot filed their original complaint on February 3, 2022. Thereafter, on May 19, 2022, plaintiffs filed their firs...
2023.03.03 Motions to Compel 958
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.03.03
Excerpt: ... twenty, and twenty-two. Dr. Saunders shall file and serve code compliant further responses to the request for production of documents (set one) no later than March 24, 2023. (2) The motion to compel further responses to requests for admissions (set one) is denied. (3) The motion to compel further responses to form interrogatories (set one) is denied as to interrogatories 12.1, 12.2, 12.3, 12.4, 12.5, and 12.6. The denial with respect to 12.1 is ...
2023.03.03 Motion to Compel Production of Docs 077
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.03.03
Excerpt: ...pursuant to a stipulation by the parties and with leave of court, plaintiff HERBL, Inc. (HERBL) filed its second amended complaint (SAC) in this matter. The SAC is the operative pleading. As alleged in the SAC, HERBL operates a group of distribution centers that sell legal cannabis products across the State of California. (SAC, ¶ 8.) Defendant Central Coast Agriculture, Inc. dba Raw Garden (CCA) is engaged in the cultivation, manufacturing, and ...
2023.03.03 Motion for Clarification 505
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.03.03
Excerpt: ... ruling on the waiver of objections for Request for Production Nos. 9-40; (2) the Court did not order that all responsive documents must be provided by November 18, 2022, and in fact the time for production pursuant to the responses was not in issue before the Court on those motions. To the extent that a legitimate dispute arises about the production of documents, it can be brought before the Court by means of a further motion to compel productio...
2023.02.24 Motion to Compel Deposition of PMK, for Sanctions 576
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.02.24
Excerpt: ... El Capitan Canyon, LLC, and its counsel of record Murchison & Cumming, LLP, jointly and severally, in the amount of $1,260, payable to plaintiff's counsel. Payment of sanctions is due by March 24, 2023. Background: Plaintiff Mina Kolahi's complaint filed on August 12, 2020, alleges two causes of action for negligence and premises liability against defendant El Capitan Canyon, LLC. As alleged in the complaint, on June 30, 2020, plaintiff was with...
2023.02.17 Motions to Compel Further Responses 198
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.02.17
Excerpt: ...ries from defendant Linda Hong Sun Stein is granted to compel further responses to form interrogatory No. 17.1 as to request for admission No. 34, and to special interrogatories Nos. 52, 53, 54, 55, and 56. Also, with reference to the discussion herein, to the extent that Linda Hong Sun Stein's response to special interrogatory No. 11 is not now complete and accurate, a further response will also be required to that interrogatory. The motion is i...

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