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Location: Santa Barbara x
Judge: Staffel, Timothy x
2023.08.23 Motion to Lift Stay and Reinstate Action 313
Location: Santa Barbara
Judge: Staffel, Timothy
Hearing Date: 2023.08.23
Excerpt: ...es. The Neutral entity provider in this case is JAMS. JAMS requires that the parties deposit the fees and expenses for the Arbitration from time to time during the course of proceedings and prior to the scheduled Arbitration Hearing. (JAMS Employment Rules, Rule 31(b).) No due date is specified in the JAMS rules. In fact, the JAMS rules suggest that the responsible party has until the date of the arbitration to pay the fees. The factual aspect of...
2023.08.23 Motion for Summary Judgment, Adjudication, for Leave to Amend Complaint 709
Location: Santa Barbara
Judge: Staffel, Timothy
Hearing Date: 2023.08.23
Excerpt: ...ENIED. Defendant Yardi Systems Inc.'s Motion for Summary Adjudication as to the Third Cause of Action (Wrongful Death- Negligent Entrustment) is GRANTED. Plaintiffs' Motion to Amend Complaint to allege basis for punitive damages is DENIED. Basis for Ruling/ First and Second Causes of Action: The issue regarding Defendant Yardi Systems, Inc.'s (hereinafter “Defendant Yardi”) vicarious liability for Defendant Bryan Paul Charette's conduct turns...
2021.08.11 Motion for Summary Judgment, Adjudication 142
Location: Santa Barbara
Judge: Staffel, Timothy
Hearing Date: 2021.08.11
Excerpt: ...tlement Motion. This tentative ruling is being posted for the August 11, 2021 and September 22, 2021 calendars. In light of the parties' stipulation to continue to September 22, 2021 ,which has now been submitted, signed and filed – No appearance by any party/counsel is required on August 11, 2021. Defendant Haaker Equipment Co. (“Haaker”) filed a motion for summary judgment/ summary adjudication of issues on May 28, 2021 with the hearing s...
2021.07.14 Motion for Attorney Fees for Special Motion to Strike 698
Location: Santa Barbara
Judge: Staffel, Timothy
Hearing Date: 2021.07.14
Excerpt: ...e motion was untimely. The time limits imposed by California Rules of Court, rule 3.1702 and 8.104 for filing a motion for attorney fees pursuant to Code of Civil Procedure, section 425.16(c ) do not commence to run until entry of judgment at the conclusion of the litigation, Carpenter v. Jack in the Box Corp. (2007) 151 Cal. App. 4 th 454, 468 and specifically states as p. 458, “We interpret rule 3.1702 so that the time limits imposed by the r...
2021.06.16 Review of Attorney Fees 185
Location: Santa Barbara
Judge: Staffel, Timothy
Hearing Date: 2021.06.16
Excerpt: ...ed to attorney fees only if the anti-SLAPP motion was “frivolous or is solely intended to cause unnecessary delay.” (Code Civ. Proc., § 425.16, subd. (c) .) The “reference to section 128.5 in section 425.16, subdivision (c) means a court must use the procedures and apply the substantive standards of section 128.5 in deciding whether to award attorney fees under the anti-SLAPP statute.” (Decker v. U.D. Registry, Inc. (2003) 105 Cal.App.4t...
2021.06.16 Demurrer, Motion to Strike, SLAPP Motion 185
Location: Santa Barbara
Judge: Staffel, Timothy
Hearing Date: 2021.06.16
Excerpt: ...managed the Park. Defendants' Demurrer and Motion to Strike Portions of Second Amended Complaint (SAC), and Special Motion to Strike Plaintiffs' Eleventh Cause of Action of Plaintiffs' Second Amended Complaint Pursuant to Anti-SLAPP Statute, Code of Civil Procedure § 425.16 (“hereinafter “anti-SLAPP motion”) came on for hearing before this Court on February 24, 2021. At the hearing, the Court indicated its tentative ruling was to overrule/...
2021.06.02 Motion for Attorney's Fees 185
Location: Santa Barbara
Judge: Staffel, Timothy
Hearing Date: 2021.06.02
Excerpt: ...ed to attorney fees only if the anti-SLAPP motion was “frivolous or is solely intended to cause unnecessary delay.” (Code Civ. Proc., § 425.16, subd. (c) .) The “reference to section 128.5 in section 425.16, subdivision (c) means a court must use the procedures and apply the substantive standards of section 128.5 in deciding whether to award attorney fees under the anti-SLAPP statute.” (Decker v. U.D. Registry, Inc. (2003) 105 Cal.App.4t...
2021.06.02 Demurrer, Motion to Strike, SLAPP Motion 185
Location: Santa Barbara
Judge: Staffel, Timothy
Hearing Date: 2021.06.02
Excerpt: ...managed the Park. Defendants' Demurrer and Motion to Strike Portions of Second Amended Complaint (SAC), and Special Motion to Strike Plaintiffs' Eleventh Cause of Action of Plaintiffs' Second Amended Complaint Pursuant to Anti-SLAPP Statute, Code of Civil Procedure § 425.16 (“hereinafter “anti-SLAPP motion”) came on for hearing before this Court on February 24, 2021. At the hearing, the Court indicated its tentative ruling was to overrule/...
2021.05.26 Demurrer, Motion to Strike, SLAPP Motion 185
Location: Santa Barbara
Judge: Staffel, Timothy
Hearing Date: 2021.05.26
Excerpt: ...managed the Park. Defendants' Demurrer and Motion to Strike Portions of Second Amended Complaint (SAC), and Special Motion to Strike Plaintiffs' Eleventh Cause of Action of Plaintiffs' Second Amended Complaint Pursuant to Anti-SLAPP Statute, Code of Civil Procedure § 425.16 (“hereinafter “anti-SLAPP motion”) came on for hearing before this Court on February 24, 2021. At the hearing, the Court indicated its tentative ruling was to overrule/...
2021.05.26 Motion to Quash or for Protective Order 952
Location: Santa Barbara
Judge: Staffel, Timothy
Hearing Date: 2021.05.26
Excerpt: ...n. The court will address the stated objections, each in turn. The parties are expected to appear at the hearing and provide further direction for the stipulated-to in camera review. The court suggests that the in camera review move forward and be limited to review for documents that are protected by the absolute attorney work product. 1. Attorney-Client Privilege Pursuant to Evidence Code section 953, the holder of the attorney-client privilege ...
2021.05.26 Motion to Review Attorney Fees 185
Location: Santa Barbara
Judge: Staffel, Timothy
Hearing Date: 2021.05.26
Excerpt: ...ed to attorney fees only if the anti-SLAPP motion was “frivolous or is solely intended to cause unnecessary delay.” (Code Civ. Proc., § 425.16, subd. (c) .) The “reference to section 128.5 in section 425.16, subdivision (c) means a court must use the procedures and apply the substantive standards of section 128.5 in deciding whether to award attorney fees under the anti-SLAPP statute.” (Decker v. U.D. Registry, Inc. (2003) 105 Cal.App.4t...
2021.05.19 Motion for Attorney Fees 185
Location: Santa Barbara
Judge: Staffel, Timothy
Hearing Date: 2021.05.19
Excerpt: ...ed to attorney fees only if the anti-SLAPP motion was “frivolous or is solely intended to cause unnecessary delay.” (Code Civ. Proc., § 425.16, subd. (c) .) The “reference to section 128.5 in section 425.16, subdivision (c) means a court must use the procedures and apply the substantive standards of section 128.5 in deciding whether to award attorney fees under the anti-SLAPP statute.” (Decker v. U.D. Registry, Inc. (2003) 105 Cal.App.4t...
2021.05.19 Demurrer, Motion to Strike 185
Location: Santa Barbara
Judge: Staffel, Timothy
Hearing Date: 2021.05.19
Excerpt: ...managed the Park. Defendants' Demurrer and Motion to Strike Portions of Second Amended Complaint (SAC), and Special Motion to Strike Plaintiffs' Eleventh Cause of Action of Plaintiffs' Second Amended Complaint Pursuant to Anti-SLAPP Statute, Code of Civil Procedure § 425.16 (“hereinafter “anti-SLAPP motion”) came on for hearing before this Court on February 24, 2021. At the hearing, the Court indicated its tentative ruling was to overrule/...
2020.10.28 Motion to Authorize Depositions 151
Location: Santa Barbara
Judge: Staffel, Timothy
Hearing Date: 2020.10.28
Excerpt: ...of assets and liabilities. As such, it has no capacity to sue, be sued or defend an action. Any litigation must be maintained by, or against, the executor, administrator or trustee of the estate. (Galdjie v. Darwish (2003) 113 Cal.App.4th 1331, 1344; Greenspan v. LADT, LLC (2010) 191 Cal.App.4th 486, 496.) Moreover, assuming the complaint is brought by plaintiffs as decedent's successors in interest, they must comply with the declaration requirem...
2020.08.05 Motion for Preliminary Approval of Class Action Settlement 823
Location: Santa Barbara
Judge: Staffel, Timothy
Hearing Date: 2020.08.05
Excerpt: ...ement, at or before the final approval hearing. Discuss with counsel the nature of the $5,000 class enhancement amount, which involves a multiplier of 7.8125 over the average payout of $640. While this is not extreme under existing case law, ask plaintiff what facts exist to justify that amount. Discuss what the PAGA statutory scheme requires from a trial court when determining the reasonableness of the PAGA settlement amount. Direct plaintiff's ...
2020.08.05 Demurrer 081
Location: Santa Barbara
Judge: Staffel, Timothy
Hearing Date: 2020.08.05
Excerpt: ...hearing on this Motion will be conducted on Tuesday, August 11, 2020 at 9:00 a.m. in Dept. 19. If any party wishes to contest the tentative ruling, NO LATER than 4:00 PM on Tuesday, August 4, 2020, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. Any requested hearing will most likely be conducted using the Blue Jeans Network, password # 5102676935. If a ...
2020.07.15 Motion to Deny Good Faith Settlement, for Leave to File Amended Complaint 214
Location: Santa Barbara
Judge: Staffel, Timothy
Hearing Date: 2020.07.15
Excerpt: ... to assess whether the settlement is “in the ballpark.” (City of Grand Terrace v. Sup.Ct. (Boyter) (1987) 192 Cal.App.3d 1251, 1262—where nonsettling defendants contest “good faith,” the settlement proponent must make a sufficient showing of all the Tech- Bilt factors. Such showing may be made either in the original moving papers or in counterdeclarations filed after the nonsettling defendants have filed an opposition challenging good f...
2020.07.15 Motion for Summary Judgment, Adjudication, for Preliminary Injunction 556
Location: Santa Barbara
Judge: Staffel, Timothy
Hearing Date: 2020.07.15
Excerpt: ...e that it deems material to its disposition of the motion. (Code Civ. Proc., § 437c, subd. (q).) The inclusion of “immaterial” facts leads to a bloated record, and is disapproved of by Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243. The court deems objected-to facts on which it does not specifically rule (see discussion below) to be immaterial to its ruling. Motion for Summary Adjudication of Plaintiff's First Cause of Action for ...

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