Judge Joel M. Pressman: Comprehensive Profile - Analytics, Rulings, and Recent Cases

The Court GRANTS preliminary approval with the following conditions: The notice to the class members is to include email notification. Further, at the time of final approval, counsel is to provide to the Court support for lodestar analysis of attorney fees sought.

Defendants City of El Cajon and Richard Gonsalves' Demurrer to the Second Cause of Action for negligent training, supervision and retention is SUSTAINED without leave to amend. (Defendants do not demurrer to the First Cause of Action for Negligent Infliction of Emotional Distress.) Plaintiff alleges that t...

Defendant THUY TRUONG's Motion to Enforce Settlement is DENIED.

The Court declines to rule on all evidentiary objections. There is one simple issue to resolve: whether the Document attached as Exhibit A to the Motion entitled "Stipulation for Settlement" in fact is a settlement agreement between th...

Plaintiff's Motion Compelling Defendant's Person Most Qualified to Answer Deposition Questions is DENIED.

Plaintiff served a PMQ Deposition Notice for January 27, 2017, identifying some 29 matters for examination and 46 document requests. Defendant produced, Mr. McDowell who testified as to four (o...

Defendant FORD MOTOR COMPANY's Demurrer to the Third, Fourth and Fifth Causes of Action is SUSTAINED.

Plaintiff alleges that defendant represented that the vehicle was equipped with an automatic transmission. However, as explained in the demurrer, this s not false based on the common understanding ...

STATE FARM MUTUAL AUTOMOBILE INS. CO.'S unopposed Motion to Amend the Judgment is GRANTED. On July 7, 2016, a judgment was entered in favor of plaintiff and against defendant JESUS T RODRIGUEZ BERNEO in the amount of $9,071.45. The defendant's name in the judgment read JESUS T RODRIGUEZ BERNEO AKA JESUS P ...

Plaintiffs' Motion for Attorney Fees is DENIED. It appears that the motion for attorney fees was late. A NOTICED MOTION for attorneys fees must be served and filed within the time for filing a NOTICE OR APPEAL under California Rules of Court Rule 3.1702. Per CRC 8.822, a notice for appeal in a limited case...

COX COMMUNICATIONS CALIFORNIA, LLC's Motion for Judgment on Pleadings is GRANTED. Plaintiff's Judicial Form Complaint was filed on August 12, 2016. The Complaint alleges a single cause of action but is unclear as to what exactly plaintiff is alleging. Based on the allegations and the opposition, Plaintiff ...

Defendants ACCENTCARE, INC.; ACCENTCARE OF CALIFORNIA, INC.; AND MEG SCHULER's Motion to Compel Arbitration is GRANTED. Whether the Court views the 2013 Agreement to Arbitrate or the 2016 Agreement to Arbitrate, it is clear that throughout plaintiff's employment with AccentCare, there was a continuing agre...

Plaintiff SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY's unopposed Motion to Enforce Settlement is GRANTED pursuant to CCP 664.6. Based on the Settlement Agreement attached to the Declaration of Nathan Cooper, the parties entered into a valid and binding agreement. Defendant has failed to comply with the te...

Defendant County of San Diego's unopposed Demurrer to the Complaint is SUSTAINED. Plaintiffs First Amended Complaint ("FAC") consists of a single cause of action for wrongful death against the County. Specifically, Plaintiff alleges that on May 12, 2015, her husband, Daryl King, called 911 to report that "...

Defendant/cross-complainant Randall McManus' Motion for Charging Order Against Partnership and Limited Liability Interests is GRANTED.

Judgment was entered by this Court on December 23, 2016 against Brian Turner in the amount of $857,170.00, which remains unsatisfied. This motion is brought pursuan...

Based upon the June 28, 2017, it appears the parties have worked out the discovery issues and the motion is off calendar.

The Court GRANTS Plaintiff's Motion for Preliminary Approval. In the notice, the last known e-mail address is to be used for each class member in addition to mail. Counsel to present an order for the Court's signature.

Plaintiffs' Objections to Evidence are OVERRULED. The objections are not drafted in accordance with CRC 3.1354, which requires that the objections "quote or set forth the objectionable statement or material" in one of the formats set forth. Further, with respect to the Objection to "Ravi Dhoable" declarati...

Defendants MARK DAMICO'S unopposed Motion to Compel Responses to Defendant's Requests for Production of Documents, Set One, propounded on Plaintiff ALICE RIGGS is GRANTED. Plaintiff produce verified responses, without objections, to Defendant's Requests for Production, Set One, within 15 days of notice of ...

HELIX ELECTRIC, INC.'S MOTION TO COMPEL DEPOSITIONS IS DENIED. Helix originally noticed Plaintiffs depositions for January 5 and 6, 2017. They were cancelled due to Helix's counsel's illness. Of course, Helix is entitled to take the depositions of plaintiffs. Given that Helix cancelled the depositions, Hel...

Defendant Sprint Solutions, Inc.'s Motion to Confirm Arbitration Award is GRANTED. Plaintiff William Turner's Motion to Set Aside Final Award of Arbitration is DENIED. On May 19, 2017 Defendant Sprint Solutions, Inc. filed a Motion to Confirm the Final Arbitration Award issued in the arbitration proceeding...

Plaintiffs' Motion to Compel Further Responses to Special Interrogatories is DENIED. The Motion to Compel Further Production is DENIED.

Plaintiff originally sought to represent a class composed of Case Managers. Now in the First Amended Complaint, plaintiff additionally seeks to represent a class o...

The Demurrer filed by defendants City of Coronado, Aaron Mansker, Keith James, Mark Porter, Jerome Torres, Blair King, CPO Bautista, CPO Gilman, CPO Walker, CPO McGehee, CPO O'Neil, CPO Murdoch, and CPO Ayres is SUSTAINED without leave to amend.

The Complaint filed on March 3, 2017 alleges eight ca...

Defendant Patrick Ryan See and Pedro Ponce's Demurrer to the Complaint is OVERRULED. Contrary to the moving defendants' demurrer, there is a verification attached to the Complaint signed by Eric Weise, the authorized agent for officer or owner.

Defendants argue that the lease attached as Exhibit 1 ...

Defendant's Motion for Summary Adjudication of Punitive Damages is DENIED. The standard for imposition of punitive damages for driving while intoxicated is set forth in Taylor v. Superior Court (1979) 24 Cal.3d 890, 897:

One who wilfully consumes alcoholic beverages to the point of intoxication, kn...

Cross-defendant Celina Gonzaba's Demurrer to the First Amended Cross-Complaint is SUSTAINED. The Court will hear as to whether leave to amend should be granted.

The First Cause of Action for "Fraud in the Inducement" and the Second Cause of Action for Negligent Misrepresentation fail to state cause...

Defendants Vince Valdes and Tunnel Light, LLC dba Columbia Yachts Motion for Summary Judgment, or in the alternative, Summary Adjudication against Plaintiffs is DENIED. There is a triable issue of fact as to whether the actions of James Gilmore constitute an intervening, superseding cause of moving defenda...