The Honorable Earl H. Maas III

San Diego County Superior Court, Department NC-28

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Biography

The Hon. Earl H. Maas III is a judge for the Superior Court of San Diego County in California. He was appointed to the bench by former Governor Arnold Schwarzenegger in 2005, filling a vacancy created by the retirement of the Hon. Bernard E. Revak.

Maas earned a bachelor’s degree from San Diego State University. He then received a J.D. from the University of San Diego School of Law.

Prior to his appointment to the bench, Maas pursued a fifteen-year career in legal malpractice defense. He first worked as an associate at Chapin, Shea, McNitt & Carter before becoming a partner at Maas, Miyamoto & Bernstein. He has also worked as a shareholder for Thompson, Alessio, & Maas.

He is registered as a Republican.

Recent Rulings by Hon. Earl H. Maas III

  • THOMPSON VS CHELF

    Sep 17, 2020 |  San Diego County

    The motion of Plaintiff Benedicto Masilungan for terminating sanctions as to Defendants Bridgette Chelf, Wicked Wilds, Inc., Airstream Innovations, Inc. and Airstream Intelligence, LLC is granted. On 1/3/20, the Court granted Plaintiff Masilungan's motion as to form interrogatories only and denied the moti...

  • THOMPSON VS CHELF

    Sep 17, 2020 |  San Diego County

    The motion of Plaintiff Patricia Thompson for a terminating sanction as to Defendant Jonathan Chelf is granted.

    To the extent that Plaintiff seeks punitive damages, pursuant to CCP § 425.115, a separate statement must be served before a default is taken setting forth the amount of punitive damages ...

  • MERITAGE HOMES OF CALIFORNIA INC VS PEPPERTREE VILLAGE VII LLC

    Sep 17, 2020 |  San Diego County

    Plaintiff's motion to lift stay is granted in part.

    Although not requested in the notice of motion, Plaintiff also seeks to conduct unspecified "limited discovery" as to newly added Defendants Miller Living Trust and Hawk Mesa Investors, LLC. No good cause for further discovery has been shown. Afte...

  • ILLINOIS MIDWEST INSURANCE AGENCY VS. CHASE

    Sep 17, 2020 |  San Diego County

    The motion of Defendant David Chase to strike prejudgment interest is denied in light of the Court's ruling that the CCP § 998 offers were valid.

    ...

  • PACHECO VS VISTACAL LUXURY IMPORTS INC

    Sep 17, 2020 |  San Diego County

    The motion of Defendant BMW of North America, LLC ("BMW") Vista ("VistaCal") for summary judgment or summary adjudication is granted.

    First cause of action for violation of the Consumers Legal Remedies Act ("CLRA"). The first cause of action alleges that Defendant violated the CLRA by "(1) misrepre...

  • THOMPSON VS CHELF

    Sep 17, 2020 |  San Diego County

    Plaintiff's motion to compel the deposition of Defendant Bridgette Chelf is denied as moot in light of the Court's order granting terminating sanctions as to this defendant.

    ...

  • ACM MCC VI LLC VS STONE

    Sep 17, 2020 |  San Diego County

    Plaintiff's unopposed motion for summary judgment is granted. Plaintiff shall submit a proposed judgment by 9/28/20. This ruling is dispositive of the entire action.

    ...

  • DJOKICH VS GESTRING

    Sep 17, 2020 |  San Diego County

    The motion of Defendant Jason Gestring to compel further responses to discovery is granted in part. Plaintiff shall serve further verified responses without objections to form interrogatories 17.1, 102.1 and 112.1 and special interrogatories 1 and 5.

    Form interrogatory 17.1 constitutes one interrog...

  • ILLINOIS MIDWEST INSURANCE AGENCY VS. CHASE

    Sep 17, 2020 |  San Diego County

    The motion of Defendant Michael Chase to strike or tax costs is granted in part. The Court finds that the motion was timely filed or, alternatively, extends the time for the filing of the motion.

    As to expert witness fees, pursuant to CCP § 998(d), where an offer made by a plaintiff is not accepted...

  • MERITAGE HOMES OF CALIFORNIA INC VS PEPPERTREE VILLAGE VII LLC

    Sep 17, 2020 |  San Diego County

    Plaintiff's motion to lift stay is granted in part.

    Although not requested in the notice of motion, Plaintiff also seeks to conduct unspecified "limited discovery" as to newly added Defendants Miller Living Trust and Hawk Mesa Investors, LLC. No good cause for further discovery has been shown. Afte...

  • SEAN MURRAY VS POWERS

    Sep 17, 2020 |  San Diego County

    The special motion to strike of Defendant Cody Powers as to the first amended complaint ("FAC") is denied. Cal. Code of Civil Procedure § 425.16. Defendant's evidentiary objections are overruled. Defendant has failed to establish that the complaint arises out of an act in furtherance of Defendant's free sp...

  • SAWYERS VS BBD MASS TRANSIT CORP

    Sep 10, 2020 |  San Diego County

    Plaintiff's motion to quash deposition subpoena to Stacy Merrell, M.F.T. is granted in part. The subpoena shall be limited to medical records only for the period of 12/19/16 through 5/11/17. The records are directly relevant to this litigation and Defendant has a compelling need for the discovery.

    ...

  • NGUYEN VS TRIDENT HOLDINGS & INVESTMENTS

    Sep 10, 2020 |  San Diego County

    Plaintiff's motion to compel compliance with deposition subpoena is denied without prejudice for failure to personally serve the nonparty deponent with the motion. California Rules of Court, rule 3.1346.

    ...

  • THE GARY WALKER BEARDEN AND DONNA LOUISE BEARDEN JOINT LIVING TRUST DATED OCTOBER 10 2009

    Sep 10, 2020 |  San Diego County

    The petition to confirm real property asset to revocable trust is granted. Probate Code § § 850(a)(3)(B), 17200(a) and 17200(b)(1).

    ...

  • FARNSWORTH VS KILKENNY

    Sep 10, 2020 |  San Diego County

    Plaintiffs' special motion to strike Defendant's cross-complaint is granted. Cal. Code of Civil Procedure § 425.16.

    Plaintiffs have established that the cross-complaint arises out of an act in furtherance of Plaintiffs' right of petition. All causes of action are based on Plaintiffs' filing of a re...

  • BEIM VS. HALLORAN NP

    Sep 09, 2020 |  San Diego County

    Plaintiff's motion for leave to file first amended complaint is ordered off calendar for failure to file moving papers and as moot in light of the 7/17/20 stipulated order.

    ...

  • BLUEGILL CONSTRUCTION, INC. VS. ESCONDIDO ADVENTIST ACADEMY

    Sep 03, 2020 |  San Diego County

    The unopposed motion of Defendant EAC Solar, LLC for leave to file a first amended cross-complaint and first amended answer is granted. The court's discretion must be exercised liberally to permit amendments. Hirsa v. Superior Court (1981) 118 Cal.App.3d 486. If a motion is timely made and the granting of ...

  • KALABAT CONSTRUCTION INC VS PIERVIEW PROPERTIES LP

    Sep 03, 2020 |  San Diego County

    The motion of Defendants Pierview Properties, LP and Clementine Development, LLC to compel arbitration is granted.

    Plaintiff has failed to make a sufficient showing that there is a danger of inconsistent rulings in that there is also an arbitration agreement entered into by the lender, Defendant MU...

  • BOOS CHOICE VS MURPHY

    Sep 03, 2020 |  San Diego County

    The motion of Defendant 1017 Holdings, LLC to expunge lis pendens is granted. Plaintiff has failed to establish by a preponderance of the evidence the probable validity of a real property claim. CCP § 405.32.

    Defendant is awarded reasonable attorney's fees and costs of making this motion in the amo...

  • THE CITY OF ENCINITAS VS PRESERVE PROPOSITION A

    Sep 03, 2020 |  San Diego County

    The motion of Preserve Proposition A to intervene is granted. Intervenor's answer in intervention is proper and is deemed filed and served as of 9/4/20.

    ...

  • THE CITY OF ENCINITAS VS PRESERVE PROPOSITION A

    Sep 03, 2020 |  San Diego County

    The motion of Preserve Proposition A to intervene is granted. Intervenor's answer in intervention is proper and is deemed filed and served as of 9/4/20.

    ...

  • ALLISON VS LOVE BOUTIQUE-VISTA LLC

    Aug 27, 2020 |  San Diego County

    Defendant's general demurrer to the complaint is sustained without leave to amend. Insufficient facts are pled to establish a violation of the Unruh Civil Rights Act. "[T]he Act does not absolutely preclude a business establishment from disparate treatment of patrons in all circumstances. The "fundamental ...

  • PRESERVE CALAVERA VS CITY OF OCEANSIDE [E-FILE]

    Aug 27, 2020 |  San Diego County

    The motion of Real Party in Interest The NRF Project Owner, LLC to dismiss petition is denied. Government Code § 66499.37 does not apply to the claims made in the petition. The question here is whether the gravamen of the petition is an attack on a subdivision-related decision under the SMA. Aiuto ...

  • PAUL BUSSMANN VS S-H OPCO CARLSBAD LLC

    Aug 27, 2020 |  San Diego County

    Defendants' motion to compel arbitration is denied.

    Defendants' request for judicial notice is denied. The Los Angeles Superior Court decision is irrelevant and not binding on this Court. Plaintiff's objection 1 to the declaration of Defendant Hightower is sustained as to the second sentence. Plain...

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Recent Rulings by Hon. Earl H. Maas III

  • THOMPSON VS CHELF

    Sep 17, 2020 |  San Diego County

    The motion of Plaintiff Benedicto Masilungan for terminating sanctions as to Defendants Bridgette Chelf, Wicked Wilds, Inc., Airstream Innovations, Inc. and Airstream Intelligence, LLC is granted. On 1/3/20, the Court granted Plaintiff Masilungan's motion as to form interrogatories only and denied the moti...

  • THOMPSON VS CHELF

    Sep 17, 2020 |  San Diego County

    The motion of Plaintiff Patricia Thompson for a terminating sanction as to Defendant Jonathan Chelf is granted.

    To the extent that Plaintiff seeks punitive damages, pursuant to CCP § 425.115, a separate statement must be served before a default is taken setting forth the amount of punitive damages ...

  • MERITAGE HOMES OF CALIFORNIA INC VS PEPPERTREE VILLAGE VII LLC

    Sep 17, 2020 |  San Diego County

    Plaintiff's motion to lift stay is granted in part.

    Although not requested in the notice of motion, Plaintiff also seeks to conduct unspecified "limited discovery" as to newly added Defendants Miller Living Trust and Hawk Mesa Investors, LLC. No good cause for further discovery has been shown. Afte...

  • ILLINOIS MIDWEST INSURANCE AGENCY VS. CHASE

    Sep 17, 2020 |  San Diego County

    The motion of Defendant David Chase to strike prejudgment interest is denied in light of the Court's ruling that the CCP § 998 offers were valid.

    ...

  • PACHECO VS VISTACAL LUXURY IMPORTS INC

    Sep 17, 2020 |  San Diego County

    The motion of Defendant BMW of North America, LLC ("BMW") Vista ("VistaCal") for summary judgment or summary adjudication is granted.

    First cause of action for violation of the Consumers Legal Remedies Act ("CLRA"). The first cause of action alleges that Defendant violated the CLRA by "(1) misrepre...

  • THOMPSON VS CHELF

    Sep 17, 2020 |  San Diego County

    Plaintiff's motion to compel the deposition of Defendant Bridgette Chelf is denied as moot in light of the Court's order granting terminating sanctions as to this defendant.

    ...

  • ACM MCC VI LLC VS STONE

    Sep 17, 2020 |  San Diego County

    Plaintiff's unopposed motion for summary judgment is granted. Plaintiff shall submit a proposed judgment by 9/28/20. This ruling is dispositive of the entire action.

    ...

  • DJOKICH VS GESTRING

    Sep 17, 2020 |  San Diego County

    The motion of Defendant Jason Gestring to compel further responses to discovery is granted in part. Plaintiff shall serve further verified responses without objections to form interrogatories 17.1, 102.1 and 112.1 and special interrogatories 1 and 5.

    Form interrogatory 17.1 constitutes one interrog...

  • ILLINOIS MIDWEST INSURANCE AGENCY VS. CHASE

    Sep 17, 2020 |  San Diego County

    The motion of Defendant Michael Chase to strike or tax costs is granted in part. The Court finds that the motion was timely filed or, alternatively, extends the time for the filing of the motion.

    As to expert witness fees, pursuant to CCP § 998(d), where an offer made by a plaintiff is not accepted...

  • MERITAGE HOMES OF CALIFORNIA INC VS PEPPERTREE VILLAGE VII LLC

    Sep 17, 2020 |  San Diego County

    Plaintiff's motion to lift stay is granted in part.

    Although not requested in the notice of motion, Plaintiff also seeks to conduct unspecified "limited discovery" as to newly added Defendants Miller Living Trust and Hawk Mesa Investors, LLC. No good cause for further discovery has been shown. Afte...

  • SEAN MURRAY VS POWERS

    Sep 17, 2020 |  San Diego County

    The special motion to strike of Defendant Cody Powers as to the first amended complaint ("FAC") is denied. Cal. Code of Civil Procedure § 425.16. Defendant's evidentiary objections are overruled. Defendant has failed to establish that the complaint arises out of an act in furtherance of Defendant's free sp...

  • SAWYERS VS BBD MASS TRANSIT CORP

    Sep 10, 2020 |  San Diego County

    Plaintiff's motion to quash deposition subpoena to Stacy Merrell, M.F.T. is granted in part. The subpoena shall be limited to medical records only for the period of 12/19/16 through 5/11/17. The records are directly relevant to this litigation and Defendant has a compelling need for the discovery.

    ...

  • NGUYEN VS TRIDENT HOLDINGS & INVESTMENTS

    Sep 10, 2020 |  San Diego County

    Plaintiff's motion to compel compliance with deposition subpoena is denied without prejudice for failure to personally serve the nonparty deponent with the motion. California Rules of Court, rule 3.1346.

    ...

  • THE GARY WALKER BEARDEN AND DONNA LOUISE BEARDEN JOINT LIVING TRUST DATED OCTOBER 10 2009

    Sep 10, 2020 |  San Diego County

    The petition to confirm real property asset to revocable trust is granted. Probate Code § § 850(a)(3)(B), 17200(a) and 17200(b)(1).

    ...

  • FARNSWORTH VS KILKENNY

    Sep 10, 2020 |  San Diego County

    Plaintiffs' special motion to strike Defendant's cross-complaint is granted. Cal. Code of Civil Procedure § 425.16.

    Plaintiffs have established that the cross-complaint arises out of an act in furtherance of Plaintiffs' right of petition. All causes of action are based on Plaintiffs' filing of a re...

  • BEIM VS. HALLORAN NP

    Sep 09, 2020 |  San Diego County

    Plaintiff's motion for leave to file first amended complaint is ordered off calendar for failure to file moving papers and as moot in light of the 7/17/20 stipulated order.

    ...

  • BLUEGILL CONSTRUCTION, INC. VS. ESCONDIDO ADVENTIST ACADEMY

    Sep 03, 2020 |  San Diego County

    The unopposed motion of Defendant EAC Solar, LLC for leave to file a first amended cross-complaint and first amended answer is granted. The court's discretion must be exercised liberally to permit amendments. Hirsa v. Superior Court (1981) 118 Cal.App.3d 486. If a motion is timely made and the granting of ...

  • KALABAT CONSTRUCTION INC VS PIERVIEW PROPERTIES LP

    Sep 03, 2020 |  San Diego County

    The motion of Defendants Pierview Properties, LP and Clementine Development, LLC to compel arbitration is granted.

    Plaintiff has failed to make a sufficient showing that there is a danger of inconsistent rulings in that there is also an arbitration agreement entered into by the lender, Defendant MU...

  • BOOS CHOICE VS MURPHY

    Sep 03, 2020 |  San Diego County

    The motion of Defendant 1017 Holdings, LLC to expunge lis pendens is granted. Plaintiff has failed to establish by a preponderance of the evidence the probable validity of a real property claim. CCP § 405.32.

    Defendant is awarded reasonable attorney's fees and costs of making this motion in the amo...

  • THE CITY OF ENCINITAS VS PRESERVE PROPOSITION A

    Sep 03, 2020 |  San Diego County

    The motion of Preserve Proposition A to intervene is granted. Intervenor's answer in intervention is proper and is deemed filed and served as of 9/4/20.

    ...

  • THE CITY OF ENCINITAS VS PRESERVE PROPOSITION A

    Sep 03, 2020 |  San Diego County

    The motion of Preserve Proposition A to intervene is granted. Intervenor's answer in intervention is proper and is deemed filed and served as of 9/4/20.

    ...

  • ALLISON VS LOVE BOUTIQUE-VISTA LLC

    Aug 27, 2020 |  San Diego County

    Defendant's general demurrer to the complaint is sustained without leave to amend. Insufficient facts are pled to establish a violation of the Unruh Civil Rights Act. "[T]he Act does not absolutely preclude a business establishment from disparate treatment of patrons in all circumstances. The "fundamental ...

  • PRESERVE CALAVERA VS CITY OF OCEANSIDE [E-FILE]

    Aug 27, 2020 |  San Diego County

    The motion of Real Party in Interest The NRF Project Owner, LLC to dismiss petition is denied. Government Code § 66499.37 does not apply to the claims made in the petition. The question here is whether the gravamen of the petition is an attack on a subdivision-related decision under the SMA. Aiuto ...

  • PAUL BUSSMANN VS S-H OPCO CARLSBAD LLC

    Aug 27, 2020 |  San Diego County

    Defendants' motion to compel arbitration is denied.

    Defendants' request for judicial notice is denied. The Los Angeles Superior Court decision is irrelevant and not binding on this Court. Plaintiff's objection 1 to the declaration of Defendant Hightower is sustained as to the second sentence. Plain...

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