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Sep 09, 2021 San Diego County
No papers have been filed. The matter is off calendar.
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Sep 09, 2021 San Diego County
TENTATIVE RULING
Defendants' Motion to Quash Plaintiff's deposition subpoena for production of business records to Pure Financial Advisors Inc. is GRANTED in part, and DENIED in part.
Defendants' motion to quash is granted in part in that no financial records are to be produced at this time...
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Sep 09, 2021 San Diego County
TENTATIVE RULING
Plaintiff Sandoval's Motion to Compel Further Responses to Form Interrogatories and for Sanctions is DENIED.
Plaintiff's request for sanctions is DENIED.
Defendant Mar-Con Construction Inc.'s request for sanctions is RESERVED.
The court has reviewed Defendan...
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Sep 09, 2021 San Diego County
TENTATIVE RULING
Plaintiffs' Motion for Leave to File First Amended Complaint (FAC) is GRANTED. This case and the related case Veteran Advantage Enterprises, LLC., et al v. Moorehouse et al. (case no. 2018-54740) were previously stayed pending final resolution in the lead case Lujan et al. v. Value...
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Sep 09, 2021 San Diego County
TENTATIVE RULING
Plaintiffs' Motion for Leave to File Second Amended Complaint (SAC) is GRANTED. This case and the related case Veteran Advantage Enterprises, LLC., et al v. Briceno et al. (case no. 2018-59770) were previously stayed pending final resolution in the lead case Lujan et al. v. Valued ...
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Sep 09, 2021 San Diego County
TENTATIVE RULING
Defendant Cunningham's Anti-SLAPP Motion to Strike each cause of action asserted in Plaintiff's First Amended Complaint (FAC) is DENIED.
Plaintiff's Request for Judicial Notice is GRANTED.
Plaintiff's Objections to Defendant's Reply are OVERRULED.
On Decembe...
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Sep 07, 2021 San Diego County
Plaintiffs' Motion to Compel Defendant General Motors, LLC's Further Response to Form Interrogatory No. 12.1 is GRANTED. The court finds Plaintiffs' meet and confer efforts sufficient. Defendant's response was not complete and the objections were too general or without merit. Defendant is ordered to serve ...
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Sep 02, 2021 San Diego County
The Court rules on plaintiff Citibank, N.A.'s (Plaintiff) motion for judgment on the pleadings as follows: This unopposed motion is granted without leave to amend for the reasons stated below. Defendant Christopher T. Carstens (Defendant) does not deny that he owes the debt and has asserted no affirmative ...
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Sep 02, 2021 San Diego County
The Court rules on plaintiff Cavalry SPV I, LLC, as Assignee of Synchrony Bank fka GE Capital Retail Bank's (Plaintiff) motion to deem facts as admitted as follows:
Plaintiff brings this motion pursuant to Code of Civil Procedure sections 2033.280 subd. (b) and 2023.010 et seq.
The relevant...
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Sep 02, 2021 San Diego County
The Court rules on plaintiff Discover Bank's (Plaintiff) motion for summary judgment or, in the alternative, summary adjudication as follows:
Standard for Summary Judgment and Summary Adjudication
A motion for summary judgment asks the court to determine that the entire action has no merit ...
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Sep 02, 2021 San Diego County
TENTATIVE RULING
The unopposed demurrer of Defendants Mark Haines and Mark S. Haines, Trustee of the Haines Family Trust dated March 28, 1990, and Haines Construction, Inc. to Plaintiff's second amended complaint is SUSTAINED without leave to amend.
Defendants' request for judicial notice i...
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Sep 02, 2021 San Diego County
Plaintiff Jason White's Motion to Compel Defendant Andrew Wooster's Further Responses to Form Interrogatories (Set One) and Request for Production of Documents (Set One) and Plaintiffs C&G Consulting & Design, Inc.'s and Gregory B. Hearn's Motion to Compel Defendant Andrew Wooster's Answers and Further Res...
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Sep 02, 2021 San Diego County
No papers have been filed. The matter is off calendar.
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Sep 02, 2021 San Diego County
The Court rules on plaintiff Portfolio Recovery Associates, LLC's (Plaintiff) motion for order that matters in request for admission of truth of facts be admitted as follows:
Plaintiff brings this motion pursuant to Code of Civil Procedure sections 2033.280 subd. (b) and 2023.010 et seq.
Th...
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Sep 01, 2021 San Diego County
TENTATIVE RULING
Plaintiff the People's unopposed motion to seal is GRANTED.
The court enters the following sealing order, finding the request is narrowly drawn to protect the personal identifying information and sensitive financial information of nonparty students and/or employees of Defen...
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Sep 01, 2021 San Diego County
TENTATIVE RULING
Defendant/cross-complainant/cross-defendant Red-D-Arc, Inc.'s (RDA) application for good faith settlement is GRANTED.
RDA's requests for judicial notice are GRANTED.
In its motion contesting RDA's application for good faith settlement, defendant/cross-defendant Inte...
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Sep 01, 2021 San Diego County
TENTATIVE RULING
Plaintiff Kassab's Motion for Reconsideration and Request for Statement of Decision was rejected on March 24, 2021 for failure to pay the required filing fee. Plaintiff has not refiled the motion. Therefore, the matter is off calendar.
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Sep 01, 2021 San Diego County
TENTATIVE RULING
Defendants' demurrer to the complaint is OVERRULED.
Plaintiff's request for judicial notice is GRANTED.
Defendants demur on the grounds that the complaint fails to state facts sufficient to constitute a cause of action, the three-day notice to quit was improperly se...
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Aug 31, 2021 San Diego County
Defendant Rainbow International Restoration's unopposed demurrer as to Plaintiff Najib Hallaq's third cause of action is sustained without leave to amend. Plaintiff did not allege specific facts or allegations related to any act or omission by Defendant sufficient to support a claim. (See Code Civ. Proc., ...
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Aug 26, 2021 San Diego County
Matter is off calendar because no moving papers were filed.
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Aug 26, 2021 San Diego County
TENTATIVE RULING
Defendant's Demurrer is SUSTAINED without leave to amend.
Defendant's Request for Judicial Notice is GRANTED.
On February 3, 2021, Plaintiff filed a complaint for (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, and (3) declarat...
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Aug 26, 2021 San Diego County
TENTATIVE RULING
Plaintiff's unopposed Application for Prejudgment Writ of Attachment is GRANTED. Plaintiff is ordered to post bond in the amount of $10,000 pursuant to CCP §§ 489.210 and 489.220. Plaintiff's Request for Judicial Notice is GRANTED.
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Aug 26, 2021 San Diego County
Matter is off calendar because no moving papers were filed.
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Aug 26, 2021 San Diego County
TENTATIVE RULING
Plaintiffs' Motion for Leave to Amend Complaint is GRANTED. Plaintiffs shall file the second amended complaint within 10 days of this order.
The court is vested with discretionary authority to allow a party to amend the pleadings in a petition in the interest of justice, an...
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