Dian Gardner v James Paul Gardner, Lucas Ray Merrick, all persons unknown claiming any interest in the property
Case Information
Motion(s)
Motion of Defendants Robert Seidler and PoloDonkey, LLC to Stay Proceedings in Case after Jury Trial in Related Case No. 24CV05259
Motion Type Tags
Other
Parties
- Plaintiff: Dian Gardner
- Defendant: James Paul Gardner
- Defendant: Lucas Ray Merrick
Attorneys
- Stephen M. Sanders (Sanders Coyner Cade PC) — for Plaintiff
- Jeff G. Coyner (Sanders Coyner Cade PC) — for Plaintiff
- Todd A. Amspoker (Price Postel & Parma LLP) — for Defendant
- Jeff F. Tchakarov (Price Postel & Parma LLP) — for Defendant
Ruling
Case Number
Case Type Civil Law & Motion Hearing Date / Time Wed, 05/13/2026 - 10:00 Nature of Proceedings Motion of Defendants Robert Seidler and PoloDonkey, LLC to Stay Proceedings in Case after Jury Trial in
Related Case No. 24CV05259 Tentative Ruling For Plaintiff Diana Sandoval, trustee of the Sandoval Quiel Revocable Living Trust: Stephen M. Sanders, Jeff G. Coyner, Sanders Coyner Cade PC For Defendants PoloDonkey, LLC and Robert Seidler: Todd A. Amspoker, Jeff F. Tchakarov, Price Postel & Parma LLP
For all reasons discussed herein, the hearing on this matter is continued until June 24, 2026, at 10 a.m., to be heard concurrently with the hearing on the motion to stay enforcement of the judgment in Case No. 24CV05259.
Background/Analysis This action commenced on August 5, 2024, by the filing of the original petition and complaint by plaintiff Diana Sandoval, trustee of the Sandoval Quiel Revocable Living Trust (Sandoval) against defendants County of Santa Barbara Department of Planning and Development (CSBDPD) for: (1) Writ of Administrative Mandamus, (2) Nuisance, and (3) Negligence. In the original complaint, PoloDonkey was identified as the real party in interest.
On February 6, 2025, Sandoval filed her operative second amended petition for writ of mandate and complaint for damages (SAC), asserting causes of action for: (1) Writ of Administrative Mandamus, (2) Writ of Mandate, (3) Violation of California Coastal Act, (4) Nuisance, (5) Negligence, (6) Inverse Condemnation, (7) Fraud/Deceit, (8) Negligent Misrepresentation, (9) Waste & Trespass, (10) Ejectment, (11) Quiet Title on Easement & Action for Possession Based on Unlawful Use, and (12) Declaratory Relief, against defendants CSBDPD, County of Santa Barbara Board of Building Appeals (collectively the "County Defendants"), California Coastal Commission (the "Coastal Commission"), PoloDonkey, and Robert Seidler (Seidler).
Following the sustaining of demurrers, without leave to amend, Sandoval's complaint was dismissed as to the County Defendants and the Coastal Commission.
As alleged in the SAC: Sandoval is the owner of real property located at 3196 Serena Avene, Carpinteria (the Serena Property). (SAC, P. 1.) PoloDonkey owns real property located at 3215 Foothill Road, in Carpinteria, California (the Foothill Property). (SAC, P. 5.) Seidler is the principal, beneficiary, and interested owner of PoloDonkey. (SAC, P. 6.)
On or before October 30, 2006, PoloDonkey's predecessor in interest, through its manager and principal Michael Rothbard (Rothbard), confirmed in writing that they would abandon one existing residential driveway and the use therefore of the Serena Property easement, road access, and previous bridge. (SAC, P. 34 & Exh. 12.) Rothbard expressly stated to the County that they would create two new driveways, one for residential access and one for commercial equestrian facility use, both of which driveways were located with access onto Foothill Road. (Ibid.)