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Sep 02, 2021 San Diego County
Defendants' motion for judgment on enforcing liability on Cal. Corp. Code § 800 bond is GRANTED. Defendants have established a prima facie case to support a judgment enforcing liability on the Cal. Corp. Code §800 bond. Plaintiff Johnson has failed to show facts sufficient to present a triable issue of fac...
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Jul 22, 2021 San Diego County
TENTATIVE RULING
Plaintiffs' Motion for Attorney's Fees is CONTINUED for counsel to provide additional information regarding the amount of hours expended in this case.
The court has reviewed the declarations of Plaintiffs' counsel submitted in support of the motion, and finds that the decla...
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Nov 24, 2020 San Diego County
Plaintiff's unopposed Motion for Post-Judgment Attorneys' Fees is denied, without prejudice. It is not clear to the court that Defendants were properly served with notice of this hearing. The Stipulation for Entry of Judgment signed by the parties in July 2006 states that all notices shall be mailed to Def...
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Oct 08, 2020 San Diego County
The parties were referred to this department for an Informal Discovery Conference in an attempt to resolve contested discovery issues. Pursuant to stipulation, the parties have elected to seek an expedited resolution of the remaining discovery issues following the Concise Separate Statement process.
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Sep 21, 2020 San Diego County
Defendants Lori Lynn Arnold, M.D., California Center for Reproductive Medicine and California Center for Reproductive Sciences (the Arnold Defendants)'s motion for enforcement of judgment is granted. Prior to the appeal, the Court entered an amended judgment and awarded the Arnold Defendants $90,511.42 in ...
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Sep 04, 2020 San Diego County
The unopposed Petition for Coordination is granted.
The following actions are ordered coordinated for all purposes:
- Marvin Mayne, et. al v. Defendant Doe 1, Diocese, et al., San Diego Superior Court Case No. 37-2020-00000310-CU-PO-CTL, filed January 2, 2020;
- John Roe 57, et al. ...
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Jul 29, 2020 San Diego County
Defendant Herring Networks, Inc.'s Motion for Judgment Notwithstanding the Verdict ("JNOV") is DENIED.
A motion for JNOV, like motions for directed verdict or nonsuit, is in the nature of a demurrer to the evidence. (Moore v. San Francisco (1970) 5 Cal.App.3d 728.) It is available only after a jury...
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Jul 15, 2020 San Diego County
The Petition for Coordination filed by Plaintiff Michael Marcelino is granted. The following actions are ordered coordinated for all purposes: (1) Michael Marcelino, et al. v. Charter Communications, LLC, et al., San Diego Superior Court Case No. 37-2019-00016478-CU-OE-CTL, filed 3/28/19 ("Marcelino"); (2)...
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Nov 14, 2019 San Diego County
Plaintiff's Motion for Attorneys' Fees on Appeal is granted, in part. Plaintiff is awarded attorneys' fees on appeal in the amount of $33,735.00. Plaintiff's Request for Judicial Notice is granted. Defendant City of San Diego's Request for Judicial Notice is granted.
Government Code section 12965(b...
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Nov 08, 2019 San Diego County
Before the Court is Plaintiffs David Blackburn and 151 LLC's motion for prejudgment interest against Defendant County of San Diego. The Court has read and considered the parties' papers and tentatively rules as follows:
Plaintiffs' motion for prejudgment interest is GRANTED.
The motion for ...
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Nov 07, 2019 San Diego County
Plaintiff's motion for new trial, or in the alternative, for a modification of verdict is denied. "A new trial shall not be granted upon the ground of insufficiency of the evidence to justify the verdict or other decision, nor upon the ground of excessive or inadequate damages, unless after weighing the ev...
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Oct 25, 2019 San Diego County
Before the Court are (1) Plaintiff's motion for leave to amend the Complaint to conform to proof; (2) Defendants' motion for leave to amend their Answer to conform to proof and to add a statute of limitations defense; and (3) Plaintiff's continued motion for partial judgment notwithstanding the verdict. Ha...
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Oct 10, 2019 San Diego County
On the court's own motion, all motions set for October 11, 2019 are CONTINUED to October 25, 2019 at 10:30 a.m.
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Sep 26, 2019 San Diego County
Plaintiffs Robert Sherwood, Lazy Eye Coffee, LLC, and Ashley Babcock's Motion for New Trial is DENIED.
"The authority of a trial court in this state to grant a new trial is established and circumscribed by statute. [Citation.] [Code of Civil Procedure] [s]ection 657 sets out seven grounds for such ...
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Sep 19, 2019 San Diego County
Having reviewed and considered the parties' supplemental briefs on Defendant's Amended Motion to Tax Costs, and for the reasons explained below, the Court GRANTS Defendant's motion in part. Following the Court's ruling on Defendant's Motions for Judgment Notwithstanding the Verdict and New Trial, the parti...
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Sep 05, 2019 San Diego County
Before the Court is Plaintiff Denise Bond's motion for partial judgment notwithstanding the verdict ("JNOV") as to the fraud cause of action under Civil Code section 629. Defendants filed a late opposition. For the reasons explained below, the Court DENIES the motion. Defense counsel's reason for filing a ...
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Aug 08, 2019 San Diego County
Plaintiff Ira Cohen, Trustee of the 6548 ECB Trust's unopposed Motion for Award of Attorney's Fees and Costs (ROA 74) is GRANTED.
The court finds plaintiff is the prevailing party and is entitled to an award of reasonable attorney's fees and costs. (Code of Civ. Proc., §§ 1717, 1032.) The court fin...
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Aug 08, 2019 San Diego County
Plaintiff's motion for award of attorney fees for denial of requests for admission is granted in part and denied in part.
For the reasons stated in the court's tentative ruling issued on June 20, 2019, the motion is denied as to request numbers 32 and 54, and plaintiff is entitled to attorney fees ...
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Aug 01, 2019 San Diego County
Anthony Johnson's ("Johnson") Motion to Strike or Tax Storix's and Defendants' Memorandums of Costs (ROA 809, 893) is DENIED.
The court finds that Storix, Inc. and the individual defendants/cross-defendants David Huffman, Richard Turner, Manuel Altamirano, David Kinney, and David Smiljkovich (herei...
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Jul 11, 2019 San Diego County
Having reviewed the papers submitted, the Court finds it appropriate to continue the hearing on Defendant's Amended Motion to Tax Costs to a date on or after the currently pending Motion for New Trial and Motion for Judgment Notwithstanding the Verdict. Accordingly, the Court CONTINUES THE HEARING on Defen...
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Jul 11, 2019 San Diego County
Plaintiff Harold James Albritton's unopposed Motion for Award of Attorneys' Fees (ROA 144) is GRANTED, but in a lesser amount.
The court finds plaintiff has satisfied the requirements in Code of Civil Procedure sections 685.040 and 685.080. Having conformed with the requirements of these Code secti...
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Jun 20, 2019 San Diego County
1. Plaintiff's motion for award of attorney fees for denial of requests for admission is denied in part with prejudice and denied in part without prejudice.
If a party fails to admit the genuineness of any document or the truth of any matter when requested to do so, and if the party requesting that...
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May 30, 2019 San Diego County
Before the Court is Plaintiffs David Blackburn and 151 LLC's reserved motions in limine or, in the alternative, motion for judgment on the pleadings and motion for nonsuit, and Defendant County of San Diego's request that Plaintiffs recover nothing and for judgment in its favor. The Court read and consider...
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May 09, 2019 San Diego County
Plaintiff's Motion for Attorneys' Fees, Costs, and Expenses is granted, in part. Plaintiff is awarded attorneys' fees in the amount of $109,010.50 and costs and expenses in the amount of $30,135.69. All evidentiary objections are overruled.
A buyer who prevails in a Song-Beverly case is entitled to...