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Sep 09, 2021 San Diego County
The court, on its own motion, continues this matter to September 17, 2021 at 1:30 p.m. in this department. The court also continues the Case Management Conference, presently set for hearing on September 17, 2021 at 9:00 a.m., to September 17, 2021 at 1:30 p.m. in this department to be heard alongside the p...
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Sep 09, 2021 San Diego County
The court, on its own motion, continues this matter to September 17, 2021 at 1:30 p.m. in this department.
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Sep 09, 2021 San Diego County
The court, on its own motion, continues this matter to September 17, 2021 at 1:30 p.m. in this department.
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Sep 09, 2021 San Diego County
The court, on its own motion, continues this matter to September 17, 2021 at 1:30 p.m. in this department. The court also continues the Case Management Conference, presently set for hearing on September 17, 2021 at 9:00 a.m., to September 17, 2021 at 1:30 p.m. in this department to be heard alongside the p...
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Sep 09, 2021 San Diego County
The court, on its own motion, continues this matter to September 17, 2021 at 1:30 p.m. in this department.
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Sep 02, 2021 San Diego County
Plaintiff Luzaich Striping, Inc. dba LSI Road Markings ("Plaintiff")'s motion for leave to file a first amended complaint ("FAC") is granted.
Defendant American Asphalt South, Inc. ("Defendant")'s objections to the Declaration of Robert M. Steele (the "Steele Declaration") are overruled.
As...
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Sep 02, 2021 San Diego County
Katherine Lipel ("Movant")'s motion to be relieved as counsel for Plaintiff Mehrdad Sahafi ("Plaintiff") is granted.
The court construes Plaintiff's lack of opposition as a concession of the motion's merits. In addition, Movant represents that a significant conflict of interest has arisen between P...
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Sep 02, 2021 San Diego County
Petitioner Cleveland Street Beach Lofts, LLC ("Petitioner")'s petition for reinstatement to active status (the "Petition") is granted.
The uncontroverted evidence establishes that on March 1, 2021, Petitioner's accountant submitted a Certificate of Cancellation for Petitioner to the California Secr...
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Sep 02, 2021 San Diego County
Defendant City of Oceanside ("Defendant")'s demurrer to Plaintiffs Alissa Aguirre and Micah Aguirre (collectively, "Plaintiffs")'s Complaint is sustained.
Defendant's request for judicial notice is granted.
A demurrer tests the legal sufficiency of a pleading. See McKell v. Wash. Mut., Inc....
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Sep 02, 2021 San Diego County
Defendant Victor Varvel, as Trustee of the Varvel Family Trust dated November 3, 1993 ("Defendant")'s demurrer to Plaintiffs Inocencio Rivera, Jr. and Midori Rivera (collectively, "Plaintiffs")'s Complaint is overruled.
Defendant's request for judicial notice is granted.
A demurrer tests th...
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Sep 02, 2021 San Diego County
Plaintiffs Jose D. Martinez and Hector Manuel Ramirez Lopez (collectively, "Plaintiffs")'s motion to strike or tax costs on appeal is granted.
The court construes Defendant Trademark Construction Company, Inc. dba J.M.W. Truss and Components ("Defendant")'s lack of opposition as a concession of the...
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Aug 26, 2021 San Diego County
Plaintiff Cynthia Yung's ("Plaintiff") motion for trial setting preference is granted. California Court of Civil Procedure ("CCP") § 36(a) requires the court to grant preference to a litigant who is over 70 years old provided that: (1) he or she has a substantial interest in the action as a whole; and (2) ...
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Aug 26, 2021 San Diego County
Defendant Maxlinear, Inc.'s Motion to Compel Arbitration and Stay Proceedings is granted. California Code of Civil Procedure § 1281.2 provides that, subject to various exceptions, "[o]n petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy ...
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Aug 26, 2021 San Diego County
Defendant Christina Marie Rondomanski's ("Defendant") motion to set aside entry of her default is granted.
In relevant part, California Code of Civil Procedure ("CCP") § 473(b) provides that "[t]he court may, upon any terms as may be just, relieve a party . . . from a judgment, dismissal, order, or...
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Aug 26, 2021 San Diego County
Plaintiff's Application for Right to Attach Order/Writ of Attachment is granted. Attachment is a prejudgment remedy that allows a creditor to secure a lien on the debtor's assets until there is a final adjudication of the claim. (Cal. Code Civ. Proc. § 484.010.) A right to attach order may issue if the cla...
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Aug 26, 2021 San Diego County
Plaintiff Robin Wood's ("Plaintiff") Motion to Compel Further Responses to Request for Production, Set No. One is granted, in part, and denied in part.
Initially, the Court notes that the Plaintiff's Reply, which was filed on August 23, 2021 was untimely. Notwithstanding this, the Court considers t...
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Aug 26, 2021 San Diego County
Plaintiff Iris Olivares-Searcy's ("Plaintiff") Motion for Attorneys' Fees is granted. Plaintiff seeks prevailing party attorneys' fees and costs pursuant to California Civil Code § 1794(d) following a settlement with Kia Motors America, Inc. ("Defendant"). Section 1794(d) provides that a buyer who prevails...
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Aug 26, 2021 San Diego County
The court will hear the matter.
Defendant Hacienda Santa Fe Property Owners' Association ("Defendant")'s motion to compel nonparty Jeffrey H. Gertsch's compliance with Defendant's deposition subpoena to produce improperly withheld non-privileged communications came on for hearing on August 6, 2021 ...
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Aug 26, 2021 San Diego County
Crown Castle Solutions, LLC's ("Crown" or "Defendant") Motion to Strike Plaintiff Absolute Consulting Engineers, Inc.'s ("ACE") request for punitive and/or exemplary damages (namely Paragraphs 44 and 53 of the Complaint and number 6 in the Prayer) is granted, in part, with leave to amend as to Paragraph 44...
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Aug 26, 2021 San Diego County
Plaintiff Gregory Iovino's ("Plaintiff") Motion to Move for New Trial Pursuant to CCP § 657 is denied. Plaintiff's Request for Judicial Notice is granted.
Defendant JPMorgan Chase Bank, NA's ("Defendant" or "Chase") Request for Judicial Notice is granted pursuant to California Evidence Code section...
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Aug 26, 2021 San Diego County
Petitioner TJ Childs' ("Petitioner") Petition for Writ of Mandate is denied. A writ of mandate may issue "to compel the performance of an act which the law specifically enjoins, as a duty resulting from an office, trust or station." (Cal. Code Civ. Proc. § 1085.) For a writ to issue, (1) the respondent mus...
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Aug 19, 2021 San Diego County
The court, on its own motion, continues this matter to August 27, 2021 at 11:00 a.m. in this department.
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Aug 19, 2021 San Diego County
The court, on its own motion, continues this matter to August 23, 2021 at 1:30 p.m. in this department. For purposes of the August 23, 2021 hearing, the court issues the following tentative ruling: Defendant Cleveland Street Beach Lofts, LLC ("Defendant")'s motion to remove Plaintiff Joe's Paving Company, ...
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Aug 19, 2021 San Diego County
On July 9, 2021, the court entertained oral arguments on Defendant/Cross-Complainant ML Mortgage Corp. ("ML")'s: (1) motion to compel further responses to Request for Production of Documents ("RFP"); (2) motion to compel further responses to Form Interrogatories (Sets One and Two) ("FI"); and (3) motion to...
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