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Sep 09, 2021 San Diego County
TENTATIVE RULING
While the motions have been pending the parties further met and conferred and defendant has agreed to supplement some of its responses, although apparently it has not yet done so. In light of this, the motions are continued until 10/1/2021 at 1:30 p.m. Sharp may file and serve supp...
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Sep 09, 2021 San Diego County
TENTATIVE RULING
Defendant Sebastien Dufort's motion to dismiss based on forum non conveniens is DENIED. Preliminary Matters
Plaintiff's unopposed request for judicial notice of exhibits A and B is granted. The request for judicial notice of exhibits C and D are not necessary, as they are p...
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Sep 09, 2021 San Diego County
TENTATIVE RULING
Plaintiff Alan Ramirez's unopposed motion for preliminary approval of class and PAGA settlement is GRANTED. A hearing for final approval as well as approval of the PAGA settlement is set for February 18, 2022 at 1:30 p.m.
Discussion
The Court reviewed the moving pap...
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Sep 09, 2021 San Diego County
TENTATIVE RULING
The unopposed motion to deem requests for admissions admitted, filed by defendant City of San Diego, is GRANTED. All matters set forth in defendant's request for admissions are deemed admitted. CCP § 2033.280(b).
The amount of time spent preparing the motion appears excessi...
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Sep 09, 2021 San Diego County
TENTATIVE RULING
Plaintiff's motion to compel further responses to RFP Numbers 1-45 and 50-52 is GRANTED. Background and Preliminary Matters
Plaintiff Xifin served 52 requests for production. Defendant responded with objections only. While the objections are not verified, did they not need ...
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Sep 09, 2021 San Diego County
TENTATIVE RULING
Plaintiffs' unopposed motion to approve PAGA settlement is GRANTED.
Background
Plaintiffs Cristina Moreno, Carlos Sosa and Rosa Hernandez filed a second amended complaint against defendants. ROA # 69. The SAC was filed pursuant to a stipulation and order and conditi...
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Sep 09, 2021 San Diego County
TENTATIVE RULING
Defendant Kia Motors America, Inc.'s unopposed demurrer to plaintiffs' complaint is SUSTAINED without leave to amend. Defendant's motion to strike is moot.
Background
Plaintiffs Angelica and Ceferino Aguirre's complaint alleges six causes of action: three causes of ...
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Sep 07, 2021 San Diego County
TENTATIVE RULING
The hearing on the motions to compel requests for production and the motion to compel compliance with subpoena for business records is CONTINUED to Thursday, September 9, 2021 at 11:00 a.m. Parties to appear only if there is a problem with the proposed date and time.
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Sep 07, 2021 San Diego County
TENTATIVE RULING
The hearing in this matter is CONTINUED to next Wednesday, September 15, 2021 at 11:00 a.m. Parties to appear only if there is a problem with the proposed date and time.
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Sep 02, 2021 San Diego County
TENTATIVE RULING
Plaintiff Discover Bank's second motion for summary judgment/summary adjudication is DENIED. "A party shall not move for summary judgment based on issues asserted in a prior motion for summary adjudication and denied by the court unless that party establishes, to the satisfaction o...
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Sep 02, 2021 San Diego County
TENTATIVE RULING
Petitioners' motion to amend the first amended petition and complaint ("FAP") is GRANTED. The answer previously filed by Respondent the San Diego Housing Commission ("Housing Commission") will be deemed the answer to the Amended FAP.
The Housing Commission reasserts essenti...
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Sep 02, 2021 San Diego County
TENTATIVE RULING
Due to a delay in the electronic file processing of the parties' stipulation, the hearing on the motion for summary judgment/summary adjudication is CONTINUED to September 10, 2021 at 1:30 p.m. Parties to appear only if there is a problem with the proposed date and time.
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Sep 02, 2021 San Diego County
TENTATIVE RULING
Due to a delay in electronic filing processing, the application regarding judgment creditor's name change submitted by Fidelity National Law Group has not yet been processed and uploaded to the register of actions. Accordingly, to permit time for the record to correctly reflect the...
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Sep 02, 2021 San Diego County
TENTATIVE RULING
Defendant West Coast Servicing, LLC's motion for judgment on the pleadings is GRANTED as to the third cause of action with 7 court days' leave to amend, and is DENIED as to the second cause of action. Preliminary Matters
Although the motion is being heard less than 30 days ...
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Sep 02, 2021 San Diego County
TENTATIVE RULING
The motion for judgment on the pleadings filed by defendants Curtis Diblin and Monee Gagliardo is DENIED.
Preliminary Matters
The parties' unopposed requests for judicial notice are granted. As to Diblin's request, the Court notes the order after hearing is ROA # 21...
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Sep 02, 2021 San Diego County
TENTATIVE RULING
Defendants' motion for monetary, evidentiary, issue and terminating sanctions is GRANTED in part. Discussion
Request for Monetary, Evidentiary, Issue and Terminating Sanctions
Discovery sanctions must be "appropriate to the dereliction," and should not exceed what i...
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Sep 02, 2021 San Diego County
TENTATIVE RULING
Defendant City of San Diego's motion for summary judgment is DENIED.
Preliminary Matters
Plaintiff Justin Wiggins' unopposed request for judicial notice of exhibits A and B is granted. The Court need only rule on those objections it deems material to its disposition...
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Sep 02, 2021 San Diego County
TENTATIVE RULING
Defendants' demurrer to plaintiff's complaint is OVERRULED. Defendants' motion to strike is GRANTED in part as to the request for treble damages.
Discussion
Plaintiff's complaint alleges (1) negligence; (2) willful misconduct; (3) statutory elder abuse/reckless negl...
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Sep 02, 2021 San Diego County
TENTATIVE RULING
The unopposed motion of San Diego French-American School and Mark Rosenblum (collectively, "School Defendants") to seal documents that disclose any minor defendants' names is GRANTED in part. The Court directs that the caption of the case be modified to disclose only the minor defe...
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Aug 30, 2021 San Diego County
TENTATIVE RULING
Plaintiff K.H.'s motion for protective order is DENIED.
Preliminary Matters
This matter was originally set for hearing on July 30, 2021. At that hearing, plaintiff's counsel asked to submit supplemental briefing, after the Court raised a number of questions about th...
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Aug 26, 2021 San Diego County
TENTATIVE RULING
The hearing on the motion for protective order is CONTINUED to Tuesday, August 31, 2021 at 1:30 p.m. Parties to appear only if there is a problem with the proposed date and time.
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Aug 26, 2021 San Diego County
TENTATIVE RULING
Plaintiffs' unopposed motion for final approval of class and PAGA settlement, and for attorneys' fees, costs and service award is GRANTED.
Background
The terms of the settlement were discussed in the Court's earlier order and will not be repeated here, except to not...
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Aug 26, 2021 San Diego County
TENTATIVE RULING
In light of the parties' stipulation withdrawing portions of the motion for summary judgment/summary adjudication, which the Court just received, the hearing on this matter is CONTINUED to Friday, September 3, 2021 at 1:30 p.m. Parties to appear only if there is a problem with the ...
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Aug 26, 2021 San Diego County
TENTATIVE RULING
The unopposed motion to withdraw as counsel of record for Capexco US GP, Inc. / Poway Property, LP filed by Sean Ponist of the Ponist Law Group, P.C., is GRANTED.
Because a corporation cannot represent itself in court (Merco Constr. Engineers, Inc. v. Municipal Court (1978)...