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Judge: Geck, Donna x
2023.06.16 Demurrer, Motion to Strike 365
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.06.16
Excerpt: ...he filing of the complaint for violation of statutory obligations by Eric Koopmans and Lynda Koopmans (collectively “plaintiffs”) against General Motors, LLC (“defendant”). The complaint contains the following causes of action: (1) Violation of Civil Code section 1793.2, subdivision (D); (2) Violation of Civil Code section, 1793.2 subdivision (B); (3) Violation of Civil Code section 1793.2, subdivision (A)(3); (4) Breach of the Implied Wa...
2023.06.16 Motion for Summary Judgment 628
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.06.16
Excerpt: ..., he fell into the waters of the Santa Barbara Harbor. (See Mubanda v. City of Santa Barbara (2022), 259 (Mubanda).) Defendants Skip Abed and Blue Water Boating, Inc. (BWB) now move for summary judgment or alternatively for summary adjudication. (1) Procedural History On February 6, 2018, plaintiff Agnes Nabisere Mubanda filed her original complaint in this action. Mubanda is alleged to be Kabogoza's mother and successor in interest to Kabogoza (...
2023.06.09 Motion for Preferential Trial Setting 456
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.06.09
Excerpt: ...ot was riding his bicycle southbound on Highway 101 when he was struck by a vehicle being driven by defendant Susan McCurnin. Plaintiffs Ronald Wilmot (Plaintiff) and Sandy Wilmot filed their original complaint on February 3, 2022. Thereafter, on May 19, 2022, the Wilmots filed their first amended complaint (FAC) against State of California Department of Transportation (Caltrans), County of Santa Barbara, Susan Gain McCurnin, and Does 1 to 20. Fo...
2023.06.09 Demurrer, Motion to Strike, for Preliminary Injunction 316
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.06.09
Excerpt: ...s with its original tentative ruling. TENTATIVE RULING: For the reasons set forth herein: (1) Plaintiffs Motion for Preliminary Injunction is Granted as follows: 1. Defendant is enjoined from initiating or pursuing any eviction proceedings against plaintiff, outside of the current litigation, until conclusion of this matter or further order of the court. 2. Plaintiff shall post bond of within 5 court days of the hearing and prov-de proof of same....
2023.06.09 Demurrer, Motion to Strike 239
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.06.09
Excerpt: ...ark Homes Association, Marco Del Chiaro, and Jill Van Zeebroeck to strike portions of plaintiff's first amended complaint is denied. (3) Defendants Hope Ranch Park Homes Association, Marco Del Chiaro, and Jill Van Zeebroeck shall file and serve their answers to the first amended complaint on or before June 26, 2023. Background: As alleged in plaintiff's verified first amended complaint (FAC): Plaintiff Max Liskin, as trustee of the Max Liskin Tru...
2023.06.09 Demurrer 294
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.06.09
Excerpt: ...int alleges that defendant has been renting premises located at 517 Wentworth Avenue, Unit C, Santa Barbara, within the city limits of Santa Barbara, since January 1, 2021, on a month-to- month basis, with monthly rent of $1,550.00. (Complaint, ¶¶ 3, 6.) The tenancy is subject to the Tenant Protection Act of 2019. (Id. at ¶ 7.) Defendant was served with a three-day notice to pay rent quit on March 31, 2023. (Id. at ¶ 9 & Exh. 2.) On May 15, 2...
2023.05.12 Motions to Tax Costs 198
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.05.12
Excerpt: ... 3 Costs in the amount of S 1,392 _ 10 are allowed for service of process; 4 Costs in the amount of S4,539.00 are allowed for court reporter fees; 5 Costs in the amount of 54,526.47 are allowed for models: enlargements, and 6 photocopies of exhibits; Costs in the amount of S52_ 10 are allowed for electronic filing fees; 7 8. No costs are allowed for hosting electronic documents _ (2) Huntsville Defendants: 1. Costs in the amount are allowed for f...
2023.05.12 Motion to Compel Production of Docs 245
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.05.12
Excerpt: ...: 201 S: Gary Gordon: Trustee of the Edmond W _ Gordon Separate Property Trust: transfeffed title to real property located at 1790 Eucalyptus Hill Road, Santa Barbara, California (the property) to plaintiff and defendant as joint tenants. Plaintiff and defendant each hold an undivided one-half fee simple interest in the property. Pentagon Federal Credit Union is the owner of a $122522000 note secured by a deed of tmst on the Property. After the p...
2023.05.12 Motion to Compel Further Responses 299
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.05.12
Excerpt: ...atory no. 17 _ 1: for requests for admission nos. 1 through 15, 17 through 19, and 21 through 25 served on Luis E. Perez, without objections except as to privilege and m accordance with this ruling. (2) For all reasons discussed herein: the court grants the motion of defendant Partners Personnel- Management Sen-ices: LLC, to compel åurther interrogatory responses from plaintiff BaronHR West Inc. Plaintiff shall serve code compliant verified Hart...
2023.05.12 Motion for Summary Judgment 227
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.05.12
Excerpt: ...on the pleadings and grants such motion as to the twelfth affirmative defense without leave to amend. Background: (1) Background F acts On June 30, 1977, an easement of record was created by a reservation from a Grant Deed from Montecito Country Club: a colpration: to William C. Alexander and Charles K. Schmidt: which was recorded in the real estate records reserving an easement ' 'for cart path and greens-keeper trucks purposes. " (the Recorded ...
2023.05.12 Motion for Post-Judgment Modification 186
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.05.12
Excerpt: ... paragraph: "Plaintiff is granted possession ofthe premises beginning on 1 2021 _ Defendant applying for or receiving rental assistance is independent and separate of plaintiff s right to possession." The court clerk will issue a writ of possessiom Plaintiff is to provide the coun with a corrected judgment: for signature, and a completed writ of possession that complies u.ith all statutory requirements Background: The action Ivas filed as an unla...
2023.05.12 Demurrer 512
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.05.12
Excerpt: ... section 1013 _ Defendant shall also properly serve a copy of his answer to the complaint on plaintiffs counsel and notice of the court' s ruling hereim Background: This is an unlawftl detainer action filed by plaintiff Abdul Yahyavi against defendant Timothy Lee. As alleged in plaintiff s complaint filed in this matter on April 10: 2023 plaintiff is the landlord of premises læated at 212 Oceano Avenue Unit in Santa Barbara: California (the prem...
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...
2023.05.05 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 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 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...
2023.04.28 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 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...
2023.03.24 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 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...

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