San Diego County
3,338,330
4,204
San Diego
1850
District 1 – Greg Cox
District 2 – Dianne Jacob
District 3 – Kristin Gaspar
District 4 – Nathan Fletcher
District 5 – Jim Desmond
Charter
County Administration Center 1600 Pacific Highway, Room 209 San Diego, CA 92101
The city of San Diego, from Mission San Diego(Spanish for Saint Didacus).
Though there is some confusion in the papers provided (which will be addressed below), there are two matters on-calendar in this matter: (1) a Motion for Judgment on the Pleadings (2) a Motion to Transfer Venue The rulings on each are provided, in turn, below. RULING ON MOTION FOR JUDGMENT ON THE PLEADINGS The Motion for Judgmen...
Jan 07, 2021
Contract
Contract - Other
San Diego County, CA
Defendants Venture Fit, LLC, Fitness Investment Group, LLC, CFG University, LLC, CFG Lakeside, LLC, JLC Management LLC, JC Equity, LLC and Jeff Clark's demurrer to Plaintiffs' Second Amended Complaint is SUSTAINED. 1- Breach of Written Contract (Lakeside) 2- Breach of Oral Contract (University) 3- Breach of Oral Contract (Martinez Loan)...
Jan 07, 2021
Contract
Breach
San Diego County, CA
Defendants Venture Fit, LLC, Fitness Investment Group, LLC, CFG University, LLC, CFG Lakeside, LLC, JLC Management LLC, JC Equity, LLC and Jeff Clark's demurrer to Plaintiffs' Second Amended Complaint is SUSTAINED. 1- Breach of Written Contract (Lakeside) 2- Breach of Oral Contract (University) 3- Breach of Oral Contract (Martinez Loan)...
Jan 07, 2021
Contract
Breach
San Diego County, CA
Defendant Scripps Health dba Scripps Mercy Hospital Chula Vista's Demurrer to the Second Amended Complaint is OVERRULED. In ruling on a demurrer, the complaint must be liberally construed and given a reasonable interpretation, with a view to substantial justice between the parties. (C.C.P., § 452; Amarel v. Connell (1988) 202 Cal.App.3d 137, 14...
Jan 07, 2021
Personal Injury/ Tort
Fraud
San Diego County, CA
TENTATIVE RULING Defendant Bahari Brothers, LLC's demurrer to plaintiff Inhale, Inc.'s second amended complaint ("SAC") is overruled. The court considered the attached signed contract, which is substantively identical to the unsigned contract requested to be judicially noticed by defendant to its demurrer to the first amended complaint and whic...
Jan 07, 2021
Contract
Breach
San Diego County, CA
The matter shall be heard at oral argument. No tentative ruling will be issued....
Jan 07, 2021
Contract
Breach
San Diego County, CA
The matter shall be heard at oral argument. No tentative ruling will be issued....
Jan 07, 2021
Other
Intellectual Property
San Diego County, CA
The matter shall be heard at oral argument. No tentative ruling will be issued....
Jan 07, 2021
Personal Injury/ Tort
Fraud
San Diego County, CA
TENTATIVE RULING Defendants' unopposed motion to transfer venue is GRANTED. Discussion Timeliness A motion to change venue on grounds the action was filed in the wrong court must be filed at the time the defendant responds to the complaint. See CCP § 396b(a). Here, no proof of service of summons on the defendant is on file, and so d...
Jan 07, 2021
Business
Intellectual Property
San Diego County, CA
Defendants Venture Fit, LLC and Jeff Clark's motion to compel Plaintiff Rafael Martinez's compliance with Requests for Production (Set One) [ROA 208] is GRANTED. CCP § 2031.300(b). The court orders Plaintiff Rafael Martinez to serve responses, without objection, and to produce all responsive documents, within 10 days of this ruling. Defendants'...
Jan 07, 2021
Contract
Breach
San Diego County, CA
The court will hear this matter. The court has reviewed Defendant Geico Insurance's Motion to Compel Further Responses to Requests for Admission, Set One. (ROA 239.) The court did not receive any opposition, notice of non-opposition, or reply papers. The court further notes that although Geico's Cross-Complaint is still pending in this case, th...
Jan 07, 2021
Insurance
Intellectual Property
San Diego County, CA
No papers have been filed....
Jan 07, 2021
Contract
Breach
San Diego County, CA
Defendant Philadelphia Reinsurance Corporation's opposed motion to set aside summary judgment on the bail bond forfeiture is DENIED. The People's motion for attorney's fees pursuant to Penal Code section 1305.3, is GRANTED, in the amount of $424.80, which amount is to be deducted from the forfeited bail bond proceeds. Defendant contends that Em...
Jan 07, 2021
Other
Enforcement
San Diego County, CA
Isolate Innovations, LLC ("Isolate Innovations"), successor-in-interest to Plaintiff Ruffin Road Venture Lot 3 ("Ruffin Road" and, together with Isolate Innovations, "Plaintiff")'s motion for leave to amend the Complaint and Cross-Complaint is denied. California Code of Civil Procedure § 473 provides that "[t]he court may, in furtherance of jus...
Jan 07, 2021
Contract
Breach
San Diego County, CA
Defendants Pietro Gallo and Dario Gallo's demurrer to Plaintiff's complaint is SUSTAINED as to conversion cause of action and OVERRULED as to the remaining causes of action. Breach of Partnership Agreement Defendant's demurrer is OVERRULED. The court finds the complaint alleges facts sufficient to state a cause of action for breach of contr...
Jan 07, 2021
San Diego County, CA
Defendants Venture Fit, LLC and Jeff Clark's motion to compel Plaintiff Rafael Martinez's compliance with Requests for Production (Set One) [ROA 208] is GRANTED. CCP § 2031.300(b). The court orders Plaintiff Rafael Martinez to serve responses, without objection, and to produce all responsive documents, within 10 days of this ruling. Defendants'...
Jan 07, 2021
Contract
Breach
San Diego County, CA
Judgment Creditors Venture Fit Properties, LLC and Eastlake Fitness Investment Group, LLC's motion to compel Judgment Debtor Kalon Construction's answer to Judgment Debtor Interrogatories [ROA 214] is GRANTED. CCP §§ 708.020, 2030.290(b). The court orders Judgment Debtor Kalon Construction to serve responses, without objection, within 10 days of th...
Jan 07, 2021
Contract
Breach
San Diego County, CA
In light of this court's ruling sustaining without leave to amend Defendants Venture Fit, LLC, Fitness Investment Group, LLC, CFG University, LLC, CFG Lakeside, LLC, JLC Management LLC, JC Equity, LLC and Jeff Clark's demurrer to Plaintiffs' Second Amended Complaint, these defendants' motion to strike is moot....
Jan 07, 2021
Contract
Breach
San Diego County, CA
Judgment Creditors Venture Fit Properties, LLC and Eastlake Fitness Investment Group, LLC's motion to compel Judgment Debtor Rafael Martinez's answers to Judgment Debtor Interrogatories [ROA 215] is GRANTED. CCP §§ 708.020, 2030.290(b). The court orders Judgment Debtor Rafael Martinez to serve responses, without objection, within 10 days of this ru...
Jan 07, 2021
Contract
Breach
San Diego County, CA
Defendants SLJ & LG, Inc. and Vince Damain (collectively, "Defendants")'s motion to approve PAGA settlement is granted. See Cal. Lab. Code § 2699(l)(2). The court construes the lack of opposition by any interested party to be a concession of the motion's merits. In addition, the court finds that the settlement is not the product of fraud or ove...
Jan 07, 2021
Employment
Wrongful Term
San Diego County, CA
Defendant's general demurrer to causes of action 2, 3, 5, 6, 7, 9 and 11 of the first amended complaint is overruled. Sufficient facts are alleged. While it appears that Plaintiff may have problems as to some of the causes of action, at this early stage, the Court is reluctant to eliminate any causes of action which should be resolved by evidentiar...
Jan 07, 2021
Real Property
other
San Diego County, CA
The court, on its own motion, continues this matter to January 29, 2021 at 1:30 p.m. in this department....
Jan 07, 2021
Personal Injury/ Tort
other
San Diego County, CA
The Motion for Summary Judgment/Adjudication brought by defendant Timothy Hipps is disposed as follows: --First Cause of Action (Breach of Contract) – DENIED --Second Cause of Action (Breach of Implied Covenant of Good Faith & Fair Dealing) – DENIED --Third Cause of Action (Fraud and Deceit) – DENIED The Joinder brought by defendants Wi...
Jan 07, 2021
Personal Injury/ Tort
Fraud
San Diego County, CA
There are two motions presently on-calendar in this matter, a demurrer and a motion to strike. Each is addressed, in turn, below. RULING ON DEMURRER The Demurrer brought by defendant Susan Szathmary (Defendant or Szathmary) is disposed as follows: --First Cause of Action (Conversion) – OVERRULED --Second Cause of Action (Elder Abuse...
Jan 07, 2021
Personal Injury/ Tort
Fraud
San Diego County, CA
The motion of Plaintiff Alcina Pacheco to compel further responses to requests for admission ("RFA") is granted in part. The motion is denied as to RFAs 1 and 23. As the requests are phrased, Defendant is being asked to admit that exhibits A and B are what was submitted to the City. Defendant is not being asked as to whether it submitted accura...
Jan 07, 2021
Business
Intellectual Property
San Diego County, CA
Defendants' motion for attorney's fees is denied. Civil Code § 798.85 does not apply. MHC Financing Limited Partnership Two v. City of Santee (2005) 125 Cal.App.4th 1372: "We conclude that the phrase 'any action arising out of the provisions of [the MRL]' in Civil Code section 798.85 encompasses only those actions directly involving the applica...
Jan 07, 2021
Business
Intellectual Property
San Diego County, CA
The motion of Plaintiff Alcina Pacheco to compel further responses to form interrogatory 17.1 is granted in part as to requests for admission 2-21, 24-43 and 45-65 and denied as to the remaining requests for admission. Defendant shall serve a further verified response by 1/18/21. Defendant Makami, Inc. and its attorneys shall pay reasonable attorne...
Jan 07, 2021
Business
Intellectual Property
San Diego County, CA
Plaintiff Wesco Insurance Company's unopposed motion to deem matters admitted is granted. Plaintiff propounded requests for admissions on the defendant Sergio Marentes on December 2, 2019. Aires Decl., ¶ 3. Defendant has not provided verified responses to the requests for admissions. Id. at ¶ 7. Therefore, the matters specified in the requests ...
Jan 07, 2021
Collections
Collections
San Diego County, CA
Defendant Leonard Marc Scholl Jr.'s motion to compel further responses to form interrogatories is denied. Each party's request for monetary sanctions is denied. The Court has carefully considered the papers submitted by the parties in connection with this motion. The Court denies the motion for two reasons. First, the Court believes that pl...
Jan 07, 2021
Personal Injury/ Tort
other
San Diego County, CA
Plaintiff Nortek Security & Control LLC's motions to compel further responses to written discovery and requests for monetary sanctions are granted as set forth below. Motion to Compel Further Response to Special Interrogatory No. 32 At a hearing conducted on July 10, 2020, defendant Radio Thermostat Company, Inc. was ordered to provide "ful...
Jan 07, 2021
Contract
Breach
San Diego County, CA
Defendants' motion for attorney's fees is denied. Civil Code § 798.85 does not apply. MHC Financing Limited Partnership Two v. City of Santee (2005) 125 Cal.App.4th 1372: "We conclude that the phrase 'any action arising out of the provisions of [the MRL]' in Civil Code section 798.85 encompasses only those actions directly involving the applica...
Jan 07, 2021
Business
Intellectual Property
San Diego County, CA
The Motion to Compel Production of Documents (Set Six) brought by respondent Interinsurance Exchange of the Automobile Club (the Exchange) is GRANTED. The moving papers establish that, with evidence, that the Exchange propounded a Request for Production of Documents (Set Six) on plaintiff/claimant Hani Sidhom (Mr. Sidhom) on June 12, 2020. (ROA...
Jan 07, 2021
Personal Injury/ Tort
Auto
San Diego County, CA
The court, on its own motion, continues this matter to January 29, 2021 at 1:30 p.m. in this department....
Jan 07, 2021
Personal Injury/ Tort
Defamation
San Diego County, CA
Judgment creditor E. David Wininger ("Judgment Creditor")'s verified application for appointment of receiver to effectuate sale of dwelling is granted. See Cal. Code Civ. P. §§ 564(a), (b)(3), and (b)(9), 708.610. The court construes judgment debtor Charlotte May ("Judgment Debtor")'s lack of opposition as a concession of the application's meri...
Jan 07, 2021
Contract
Breach
San Diego County, CA
Defendants' demurrer (filed Oct. 22, 2020) and motion to strike (filed Oct. 22, 2020) are moot in light of the fact that plaintiff filed and served a First Amended Complaint on Dec. 23, 2020....
Jan 07, 2021
Other
Intellectual Property
San Diego County, CA
The court, on its own motion, continues this matter to January 29, 2021 at 1:30 p.m. in this department....
Jan 07, 2021
Personal Injury/ Tort
Defamation
San Diego County, CA
Demurrer and Motion to Strike Defendant Kia Motors America, Inc.'s demurrer to the third, fifth, sixth and seventh causes of action, as well as the allegations pertaining to tolling of the statute of limitations, is SUSTAINED WITH LEAVE TO AMEND. The Motion to Strike is GRANTED WITH LEAVE TO AMEND. The demurrer is brought on the grounds tha...
Jan 07, 2021
Contract
Breach
San Diego County, CA
Defendant FCI Lender Services, Inc.'s Motion for Determination of Good Faith Settlement is DENIED. (ROA 490.) Defendant's motion was filed after Plaintiff dismissed its claims against FCI with prejudice. (ROA 484.) Accordingly, the court lacks jurisdiction to consider FCI's motion....
Jan 07, 2021
Personal Injury/ Tort
Fraud
San Diego County, CA
Motion to Be Relieved Attorneys Gregory Markow and Sean Gaffney's Motion to Be Relieved as Counsel for RGC Gaslamp, LLC is CONTINUED to January 29, 2021 at 8:30 a.m. (ROA 979.) Counsel have served their client with the motion electronically. This is a proper method of service of the motion. (Cal. Rules of Court, rule 3.1362(d).) However, wh...
Jan 07, 2021
Complex
Writ
San Diego County, CA
The unopposed motion to be relieved as counsel, filed by Attorney Joel Larabee, is GRANTED. The Court adopts the proposed Order submitted by counsel. Attorney Larabee shall be relieved as counsel of record for Plaintiff Basir Ahmad Rekazada effective upon the filing of the proof of service of the signed Order upon the client....
Jan 07, 2021
Employment
Wrongful Term
San Diego County, CA
Demurrers by Defendants American Honda Motor Co., Inc. and Sunroad Auto, LLC dba Pacific Honda Defendants each filed separate demurrers to the fraud cause of action alleged in Plaintiffs Richard Alvarez Carrillo and Priscilla Lisa Carrillo's First Amended Complaint. Defense counsel, however, only reserved hearing time for one demurrer. Inasmuch...
Jan 07, 2021
Contract
Breach
San Diego County, CA
Plaintiff George L. De La Flor brings this motion for summary adjudication. It is not clear to the Court what plaintiff seeks to adjudicate. The Notice of Motion and the Memorandum of Points and Authorities assert that plaintiff wants to summarily adjudicate the Second Cause of Action for Breach of Contract by "finding Defendant Plikaytis 'void...
Jan 07, 2021
Personal Injury/ Tort
Fraud
San Diego County, CA
Defendant Paradise Valley Hospital's demurrer to the complaint is SUSTAINED WITH LEAVE TO AMEND. The complaint fails to allege sufficient facts to constitute a cause of action. Plaintiff Michael Anthony Malveaux, Jr. shall file and serve his First Amended Complaint no later than January 29, 2021. Defendant shall give notice....
Jan 07, 2021
Contract
Breach
San Diego County, CA
The matter shall be heard at oral argument. No tentative ruling will be issued....
Jan 07, 2021
Other
Intellectual Property
San Diego County, CA
Demurrers by Defendants American Honda Motor Co., Inc. and Sunroad Auto, LLC dba Pacific Honda Defendants each filed separate demurrers to the fraud cause of action alleged in Plaintiffs Richard Alvarez Carrillo and Priscilla Lisa Carrillo's First Amended Complaint. Defense counsel, however, only reserved hearing time for one demurrer. Inasmuch...
Jan 07, 2021
Contract
Breach
San Diego County, CA
Motions to Strike by Defendants American Honda Motor Co., Inc. and Sunroad Auto, LLC dba Pacific Honda Defendants each filed separate Motions to Strike. Defense counsel, however, only reserved hearing time for one motion. Inasmuch as the motions raise nearly the same arguments, only on ruling will be issued. "The court may, upon a motion ma...
Jan 07, 2021
Contract
Breach
San Diego County, CA
TENTATIVE RULING Plaintiff Victor Rodriguez's motion to appoint a substitute discovery referee is GRANTED. Background The Court appointed, by stipulation, the Hon. Robert E. May as discovery referee to hear and determine all discovery motions in this action. ROA # 238. In October of 2020, the referee informed the parties that he would be re...
Jan 07, 2021
Business
Intellectual Property
San Diego County, CA
The court has reviewed the briefs filed in response to this court's OSC re: Why San Diego Case No. 20-16369, Alameda County Case No. RG190308, and Los Angeles County Case No. 19STCV34353 Should Not Be Deemed Related to this case. To briefly review the relevant procedural history leading up to this OSC, Plaintiff's Motion for Order Reassigning C...
Jan 07, 2021
Contract
Breach
San Diego County, CA
Attorney Emily Kirk's unopposed Application for Admission Pro Hac Vice for Plaintiff Cesar Cortes is GRANTED. (ROA 13.) Counsel is reminded that an attorney whose application to appear as counsel pro hac vice has been granted shall pay to the superior court, on or before the anniversary of the date the application was granted, an annual renewal...
Jan 07, 2021
Contract
Breach
San Diego County, CA
Intervenor Scottsdale Insurance Company's motion for leave to intervene in this action as insurer for Defendant Beat Car4U is GRANTED. "The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied: (A) A provision of law confers an unconditional right to ...
Jan 07, 2021
Personal Injury/ Tort
Auto
San Diego County, CA
Plaintiff Allstate Insurance Company's Motion to Compel Further Production of Documents as to Defendant Whirlpool is GRANTED. Within 20 days of notice of this order, defendant Whirlpool is to provide documents as requested on or about February 3, 2020. Plaintiff Allstate Insurance Company's Motion to Compel Further Production of Documents as to...
Jan 07, 2021
Personal Injury/ Tort
other
San Diego County, CA
The Court DENIES the request for Protective Order regarding any sale proceeds from defendant's personal residence. The Court does not find that there is a sufficient showing of probability of prevailing on the alter ego issue such that personal assets of Mr. Gomez should be attached or subject to protective order. Further, plaintiff has not establi...
Jan 07, 2021
Contract
Breach
San Diego County, CA
Plaintiff's Motion for Judgment on the Pleadings is DENIED. (ROA 22.) Plaintiff failed to file a memorandum of points and authorities in support of its motion....
Jan 07, 2021
Collections
Collections
San Diego County, CA
Plaintiff's unopposed motion for relief from 10/9/20 order is granted. CCP § 473. Plaintiff's motion to compel further responses to request for production of documents is deemed timely made....
Jan 07, 2021
Contract
Breach
San Diego County, CA
The motion of Plaintiffs Alcina Pacheco and Eugene Wrona for trial preference is granted. CCP § 36(a). Plaintiffs have made a sufficient showing that they have a substantial interest in the action as a whole and their health is such that a preference is necessary to prevent prejudicing their interest in the litigation. Trial is set for May 7, 2...
Jan 07, 2021
Business
Intellectual Property
San Diego County, CA
The motion of Plaintiff Alcina Pacheco to compel further responses to requests for admission ("RFA") is granted in part. The motion is denied as to RFAs 1 and 23. As the requests are phrased, Defendant is being asked to admit that exhibits A and B are what was submitted to the City. Defendant is not being asked as to whether it submitted accura...
Jan 07, 2021
Business
Intellectual Property
San Diego County, CA
The unopposed motion of Defendant Roynon Museum of Paleontology Foundation to compel responses to form interrogatories, special interrogatories, and request for production of documents and for an order deeming matters admitted is granted. Cross-Defendants Dennis French and Robert Lazerus shall serve verified responses without objections and produce...
Jan 07, 2021
Contract
Breach
San Diego County, CA
Plaintiff's motion to compel further responses to request for production of documents is denied as moot in light of the service of an amended supplemental response on 12/23/20 and Defendant's production of supplemental documents on 12/31/20. If Plaintiff has been unable to access the documents electronically, Defendant shall produce copies by other...
Jan 07, 2021
Contract
Breach
San Diego County, CA
Defendants Venture Fit, LLC, Fitness Investment Group, LLC, CFG University, LLC, CFG Lakeside, LLC, JLC Management LLC, JC Equity, LLC and Jeff Clark's demurrer to Plaintiffs' Second Amended Complaint is SUSTAINED. 1- Breach of Written Contract (Lakeside) 2- Breach of Oral Contract (University) 3- Breach of Oral Contract (Martinez Loan)...
Jan 07, 2021
Contract
Breach
San Diego County, CA
Plaintiff Sherrie Cook ("Plaintiff")'s motion to strike or tax costs is denied. As an initial matter, Defendants Raul Crenshaw and Sydney Crowe (collectively, "Defendants")'s opposition was untimely. See Cal. Code Civ. P. § 1005(b). The court is persuaded that Defendants' counsel's mistake, inadvertence, surprise, or excusable neglect occasioned th...
Jan 07, 2021
Personal Injury/ Tort
Auto
San Diego County, CA
Defendants/Cross-Complainants/Cross-Defendants Sunwood Pacific Ridge, LLC ("Sunwood"), Sunwood Management Services, Inc., Eugene Burger Management Corporation, and Sunwood Ventures, LLC (collectively, "Defendants")'s motion to quash the deposition subpoena for production of business records issued to Sunwest Bank ("Sunwest")'s custodian of records ...
Jan 07, 2021
Personal Injury/ Tort
other
San Diego County, CA
Plaintiff Caren Martello ("Plaintiff")'s motion for leave to file a verified second amended complaint (the "SAC") is granted. As an initial matter, the court declines to deny the motion on procedural grounds. A pretrial motion to amend a pleading must: "(1) Include a copy of the proposed amendment or amended pleading, which must be serially num...
Jan 07, 2021
Other
Intellectual Property
San Diego County, CA
The court, on its own motion, continues this matter to January 29, 2021 at 1:30 p.m. in this department....
Jan 07, 2021
Personal Injury/ Tort
Defamation
San Diego County, CA
Defendant Josephine Lim ("Defendant")'s demurrer to Plaintiff Pandawhite, Inc. ("Plaintiff")'s Complaint is overruled. Defendant's requests for judicial notice are granted. A demurrer tests the legal sufficiency of a pleading. See McKell v. Wash. Mut., Inc. (2006) 142 Cal. App. 4th 1457, 1469. When reviewing a demurrer, the court "give[s] t...
Jan 07, 2021
Contract
Breach
San Diego County, CA
Defendants Venture Fit, LLC and Jeff Clark's motion to compel Plaintiff Rafael Martinez's compliance with Requests for Production (Set One) [ROA 208] is GRANTED. CCP § 2031.300(b). The court orders Plaintiff Rafael Martinez to serve responses, without objection, and to produce all responsive documents, within 10 days of this ruling. Defendants'...
Jan 07, 2021
Contract
Breach
San Diego County, CA
Judgment Creditors Venture Fit Properties, LLC and Eastlake Fitness Investment Group, LLC's motion to compel Judgment Debtor Kalon Construction's answer to Judgment Debtor Interrogatories [ROA 214] is GRANTED. CCP §§ 708.020, 2030.290(b). The court orders Judgment Debtor Kalon Construction to serve responses, without objection, within 10 days of th...
Jan 07, 2021
Contract
Breach
San Diego County, CA
Judgment Creditors Venture Fit Properties, LLC and Eastlake Fitness Investment Group, LLC's motion to compel Judgment Debtor Kalon Construction's responses to Requests for Production (Set One) [ROA 212] is GRANTED. CCP §§ 708.030, 2031.300(b). The court orders Judgment Debtor Kalon Construction to serve responses, without objection, and to produce ...
Jan 07, 2021
Contract
Breach
San Diego County, CA
Judgment Creditors Venture Fit Properties, LLC and Eastlake Fitness Investment Group, LLC's motion to compel Judgment Debtor Rafael Martinez's answers to Requests for Production (Set One) [ROA 213] is GRANTED. CCP §§ 708.030, 2031.300(b). The court orders Judgment Debtor Rafael Martinez to serve responses, without objection, and to produce all resp...
Jan 07, 2021
Contract
Breach
San Diego County, CA
Defendant City of San Diego Demurrer to Plaintiffs' Complaint is sustained with leave to amend. The complaint alleges two causes of action against the City: (1) premises liability and (2) public nuisance. Based upon the allegations, the claims are insufficiently pled. To plead a dangerous condition, plaintiff must plead the following: (1) a dan...
Jan 07, 2021
Personal Injury/ Tort
other
San Diego County, CA
In light of this court's ruling sustaining without leave to amend Defendants Venture Fit, LLC, Fitness Investment Group, LLC, CFG University, LLC, CFG Lakeside, LLC, JLC Management LLC, JC Equity, LLC and Jeff Clark's demurrer to Plaintiffs' Second Amended Complaint, these defendants' motion to strike is moot....
Jan 07, 2021
Contract
Breach
San Diego County, CA
The court addresses the evidentiary issues. Petitioner's request for judicial notice is GRANTED as to Petitioner's exhibits 2, 3 and 4 to the Petition and DENIED as to exhibits 9, 10 and 11. Respondent San Diego Housing Commission's request for judicial notice is GRANTED. SDHC evidentiary objections to Petitioner's exhibits 9, 10 and 11 are SUSTAIN...
Jan 07, 2021
Administrative
Writ
San Diego County, CA
Plaintiff Deborah Wardwell's Motion for Reconsideration pursuant to Code of Civil Procedure (C.C.P.) section 1008(a) is DENIED. In this motion, filed on October 5, 2020, Plaintiff asks the Court to reconsider the Court's August 21, 2020, Order, granting sanctions against Plaintiff's counsel in the amount of $8,250 pursuant to C.C.P. section 128...
Jan 07, 2021
Personal Injury/ Tort
other
San Diego County, CA
On the Court's own motion, Defendant/Judgment Creditors East County Investigations and Jon Lane's Motion for Evidence Sanctions and Motion to Amend Judgment is CONTINUED to 2:30 p.m. on January 15, 2021. The parties are asked to still make an appearance at the January 8, 2021, hearing. The Court's copy of Debtors Pamela Lacher and Roslyn Lacher's O...
Jan 07, 2021
Personal Injury/ Tort
Defamation
San Diego County, CA
The matter shall be heard at oral argument. No tentative ruling will be issued....
Jan 07, 2021
Other
Intellectual Property
San Diego County, CA
The matter shall be heard at oral argument. No tentative ruling will be issued....
Jan 07, 2021
Personal Injury/ Tort
other
San Diego County, CA
The Court rules on the motion for final approval of class action and PAGA settlement and motion for attorneys' fees and costs as follows: This motion is granted for the reasons stated below. The terms of the settlement are as follows: Defendant Piperin Corp. (Defendant) will pay a gross settlement of $121,887.00 to the class, which includes...
Jan 07, 2021
Employment
Other Employment
San Diego County, CA
The matter shall be heard at oral argument. No tentative ruling will be issued....
Jan 07, 2021
Other
Intellectual Property
San Diego County, CA
TENTATIVE RULING Plaintiff Nicholas Perez's motion to compel the deposition and attendance of person(s) most knowledgeable and custodian of records for General Motors LLC ("GM") is granted, in part. GM has already agreed, and remains willing, and thus is ordered to produce a PMK on a number of the Categories for Examination 1-8, 12, and 13. Pla...
Jan 07, 2021
Contract
Breach
San Diego County, CA
TENTATIVE RULING Defendants National Marrow Donor Program ("NMDP") and CLR Insurance Company, Ltd. ("CLR") Defendant Be The Match Foundation ("BTMF")'s demurrer and motion to strike to plaintiff Craig Lavrenz's complaint are moot in light of plaintiff filing a first amended complaint on December 23, 2020. Motion to quash Plaintiff's motion ...
Jan 07, 2021
Insurance
Intellectual Property
San Diego County, CA
TENTATIVE RULING Plaintiff Victor Rodriguez's motion to appoint a substitute discovery referee is GRANTED. Background The Court appointed, by stipulation, the Hon. Robert E. May as discovery referee to hear and determine all discovery motions in this action. ROA # 238. In October of 2020, the referee informed the parties that he would be re...
Jan 07, 2021
Business
Intellectual Property
San Diego County, CA
TENTATIVE RULING Defendants National Marrow Donor Program ("NMDP") and CLR Insurance Company, Ltd. ("CLR") Defendant Be The Match Foundation ("BTMF")'s demurrer and motion to strike to plaintiff Craig Lavrenz's complaint are moot in light of plaintiff filing a first amended complaint on December 23, 2020. Motion to quash Plaintiff's motion ...
Jan 07, 2021
Insurance
Intellectual Property
San Diego County, CA
Judgment Creditors Venture Fit Properties, LLC and Eastlake Fitness Investment Group, LLC's motion to compel Judgment Debtor Kalon Construction's responses to Requests for Production (Set One) [ROA 212] is GRANTED. CCP §§ 708.030, 2031.300(b). The court orders Judgment Debtor Kalon Construction to serve responses, without objection, and to produce ...
Jan 07, 2021
Contract
Breach
San Diego County, CA
Judgment Creditors Venture Fit Properties, LLC and Eastlake Fitness Investment Group, LLC's motion to compel Judgment Debtor Rafael Martinez's answers to Requests for Production (Set One) [ROA 213] is GRANTED. CCP §§ 708.030, 2031.300(b). The court orders Judgment Debtor Rafael Martinez to serve responses, without objection, and to produce all resp...
Jan 07, 2021
Contract
Breach
San Diego County, CA
Judgment Creditors Venture Fit Properties, LLC and Eastlake Fitness Investment Group, LLC's motion to compel Judgment Debtor Rafael Martinez's answers to Judgment Debtor Interrogatories [ROA 215] is GRANTED. CCP §§ 708.020, 2030.290(b). The court orders Judgment Debtor Rafael Martinez to serve responses, without objection, within 10 days of this ru...
Jan 07, 2021
Contract
Breach
San Diego County, CA
Judgment Creditors Venture Fit Properties, LLC and Eastlake Fitness Investment Group, LLC's motion to compel Judgment Debtor Kalon Construction's responses to Requests for Production (Set One) [ROA 212] is GRANTED. CCP §§ 708.030, 2031.300(b). The court orders Judgment Debtor Kalon Construction to serve responses, without objection, and to produce ...
Jan 07, 2021
Contract
Breach
San Diego County, CA
The matters shall be heard at oral argument. No tentative rulings will be issued....
Jan 07, 2021
Other
Intellectual Property
San Diego County, CA
Cross-Complainant HTRCE, LP brings this motion for summary judgment to the cross-complaint for breach of the lease. Alternatively, cross-complainant seeks summary adjudication of the affirmative defenses The party moving for summary judgment bears the burden of showing that there is no triable issue of material fact, and therefore that it is en...
Jan 07, 2021
Business
Intellectual Property
San Diego County, CA
Plaintiff Peter M. Wagner, Jr., brings this Motion Contesting Privilege Claim re: Rob McCutcheon. At issue are three documents. Two documents are redacted email, one of which inadvertently disclosed information defendants claim is subject to the attorney-client privilege. The third document has not been produced in any form. The documents are ident...
Jan 07, 2021
Employment
Wrongful Term
San Diego County, CA
TENTATIVE RULING Defendants National Marrow Donor Program ("NMDP") and CLR Insurance Company, Ltd. ("CLR") Defendant Be The Match Foundation ("BTMF")'s demurrer and motion to strike to plaintiff Craig Lavrenz's complaint are moot in light of plaintiff filing a first amended complaint on December 23, 2020. Motion to quash Plaintiff's motion ...
Jan 07, 2021
Insurance
Intellectual Property
San Diego County, CA
TENTATIVE RULING Defendants Cesar Enciso and Cesar Enciso, trustee of the Cesar Enciso Living Trust dated November 18, 2013's unopposed motion to set aside entry of default and default judgment pursuant to Code of Civil Procedure section 473.5 is granted. The default and default judgment are set aside, and plaintiff shall release all judgment l...
Jan 07, 2021
Contract
Contract - Other
San Diego County, CA
Plaintiff Allstate Insurance Company's Motion to Compel Further Production of Documents as to Defendant Whirlpool is GRANTED. Within 20 days of notice of this order, defendant Whirlpool is to provide documents as requested on or about February 3, 2020. Plaintiff Allstate Insurance Company's Motion to Compel Further Production of Documents as to...
Jan 07, 2021
Personal Injury/ Tort
other
San Diego County, CA
Defendants FRANCIS BOTTINI, JR. and BOTTINI & BOTTINI, INC.'s Motion for Judgment on the Pleadings is DENIED. The Complaint pleads a cause of action for professional negligence and breach of fiduciary duty. Defendant argues that even though Melton did not and will not pay the judgment, the Trustee seeks to hold Bottini liable for the entire jud...
Jan 07, 2021
Personal Injury/ Tort
other
San Diego County, CA
TENTATIVE RULING Defendants Chris Williams, Orchid Bay, LLC and EVP Legacy Global Development's demurrer to the first amended complaint ("FAC") of plaintiff Charles Schuelke Trustee, on behalf of the Schuelke Intervivos Revocable Trust Agreement, is overruled to the second through fifth causes of action. Defendants shall file and serve an answe...
Jan 07, 2021
Business
Intellectual Property
San Diego County, CA
TENTATIVE RULING Defendants Chris Williams, Orchid Bay, LLC and EVP Legacy Global Development's demurrer to the first amended complaint ("FAC") of plaintiff Charles Schuelke Trustee, on behalf of the Schuelke Intervivos Revocable Trust Agreement, is overruled to the second through fifth causes of action. Defendants shall file and serve an answe...
Jan 07, 2021
Business
Intellectual Property
San Diego County, CA
Demurrer and Motion to Strike Defendant Kia Motors America, Inc.'s demurrer to the third, fifth, sixth and seventh causes of action, as well as the allegations pertaining to tolling of the statute of limitations, is SUSTAINED WITH LEAVE TO AMEND. The Motion to Strike is GRANTED WITH LEAVE TO AMEND. The demurrer is brought on the grounds tha...
Jan 07, 2021
Contract
Breach
San Diego County, CA
The Court will hear the motion for terminating sanctions. While plaintiffs indicate in the Opposition that they have complied with discovery orders, the Reply brief indicates that (1) the discovery responses are still inadequate in a number of respects and (2) monetary sanctions have yet to be paid. The Court will hear from plaintiffs as efforts to...
Jan 07, 2021
Personal Injury/ Tort
Products Liability
San Diego County, CA
Defendant Lemon Grove Plaza, LP's Motion to Compel Compliance with Court Order and for Sanctions is DENIED. (ROA 181.) The basis of Defendant's motion is the court's minutes at an informal discovery conference. Those minutes state: "in regards to response to special interrogatories, counsel stipulate to arrange a deposition of Judy Marsh throug...
Jan 07, 2021
Contract
Breach
San Diego County, CA
Plaintiffs' Motion for Appointment of Receiver is DENIED. (ROA 37-38.) Plaintiffs have not sufficiently demonstrated appointment of a receiver would be appropriate at this time....
Jan 07, 2021
Contract
Breach
San Diego County, CA
Defendants Venture Fit, LLC, Fitness Investment Group, LLC, CFG University, LLC, CFG Lakeside, LLC, JLC Management LLC, JC Equity, LLC and Jeff Clark's demurrer to Plaintiffs' Second Amended Complaint is SUSTAINED. 1- Breach of Written Contract (Lakeside) 2- Breach of Oral Contract (University) 3- Breach of Oral Contract (Martinez Loan)...
Jan 07, 2021
Contract
Breach
San Diego County, CA
Attorney Travis M. Bray/Navigato & Battin, LLP's unopposed motion to be relieved as counsel for Defendant James Banuelos is GRANTED. CCP § 284. The court modifies and signs the form order. The withdrawal will be effective as of the date of the filing of a proof of service with the court showing that a copy of the signed form order has been served u...
Jan 07, 2021
Contract
Breach
San Diego County, CA
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