Recent Rulings by Hon. Richard E. L. Strauss

• CONTI VS CITY OF SAN DIEGO

  Jan 07, 2021 |  San Diego County

  Defendant City of San Diego Demurrer to Plaintiffs' Complaint is sustained with leave to amend. The complaint alleges two causes of action against the City: (1) premises liability and (2) public nuisance. Based upon the allegations, the claims are insufficiently pled.

  To plead a dangerous condition...

• EDGAR LIZARRAGA VS CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION

  Jan 07, 2021 |  San Diego County

  Defendant CDCR's unopposed Motion to Compel Discovery Responses and for Sanctions is granted. Plaintiff shall provide responses, without objection, to the form interrogatories (employment law), First Set of Special Interrogatories; and First Set of Requests for Production of Documents and to provide the re...

• EDGAR LIZARRAGA VS CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION

  Jan 07, 2021 |  San Diego County

  Defendant CDCR's unopposed Motion to Compel Discovery Responses and for Sanctions is granted. Plaintiff shall provide responses, without objection, to the form interrogatories (employment law), First Set of Special Interrogatories; and First Set of Requests for Production of Documents and to provide the re...

• WELLS FARGO BANK NA VS KRACALIK

  Jan 07, 2021 |  San Diego County

  Plaintiff Wells Fargo's unopposed Motion for Summary Judgment. Defendant failed to submit a separate statement in opposition and therefore, the motion is granted pursuant to CCP §437c(b)(2). Judgment will be entered in favor of Plaintiff in the amount of $9,243.84.

  Plaintiff shall submit an order w...

• WELLS FARGO BANK NA VS GUARINO

  Jan 07, 2021 |  San Diego County

  Plaintiff Wells Fargo's unopposed Motion for Summary Judgment. Defendant failed to submit a separate statement in opposition and therefore, the motion is granted pursuant to CCP §437c(b)(2). Judgment will be entered in favor of Plaintiff in the amount of $13,846.36.

  Plaintiff shall submit an order ...

• WELLS FARGO BANK NA VS GUARINO

  Jan 07, 2021 |  San Diego County

  Plaintiff Wells Fargo's unopposed Motion for Summary Judgment. Defendant failed to submit a separate statement in opposition and therefore, the motion is granted pursuant to CCP §437c(b)(2). Judgment will be entered in favor of Plaintiff in the amount of $13,846.36.

  Plaintiff shall submit an order ...

• WELLS FARGO BANK NA VS KRACALIK

  Jan 07, 2021 |  San Diego County

  Plaintiff Wells Fargo's unopposed Motion for Summary Judgment. Defendant failed to submit a separate statement in opposition and therefore, the motion is granted pursuant to CCP §437c(b)(2). Judgment will be entered in favor of Plaintiff in the amount of $9,243.84.

  Plaintiff shall submit an order w...

• ASLAM GROUP LLC VS JACK IN THE BOX

  Dec 17, 2020 |  San Diego County

  Plaintiffs' unopposed Application of Robert Salkowski to Appear as Counsel Pro Hac Vice is granted. Plaintiffs' unopposed Application of Robert Zarco to Appear as Counsel Pro Hac Vice is granted. Counsel are reminded that an attorney whose application to appear as counsel pro hac vice has been granted shal...

• THE PEOPLE OF THE STATE OF CALIFORNIA VS CITY OF SAN DIEGO AND ITS CITY COUNCIL

  Dec 17, 2020 |  San Diego County

  Defendant City's and Plaintiffs' Joint Motion for Summary Judgment Invalidating City's 2012 Proposition B Charter Amendments is denied.

  The motion for summary judgment is denied. The parties have not presented legal authority that a quo warranto proceeding is properly determined through a motion fo...

• THE PEOPLE OF THE STATE OF CALIFORNIA VS CITY OF SAN DIEGO AND ITS CITY COUNCIL

  Dec 17, 2020 |  San Diego County

  Defendant City's and Plaintiffs' Joint Motion for Summary Judgment Invalidating City's 2012 Proposition B Charter Amendments is denied.

  The motion for summary judgment is denied. The parties have not presented legal authority that a quo warranto proceeding is properly determined through a motion fo...

• SCOTT OSMON VS. CITY OF SAN DIEGO

  Dec 17, 2020 |  San Diego County

  Defendant City of San Diego's Demurrer to Plaintiff's Complaint sustained with leave to amend. Plaintiffs are granted leave to file an amended complaint on or before January 8, 2021.

  ...

• ALLY BANK VS CORCOLES

  Dec 17, 2020 |  San Diego County

  Plaintiff Ally Bank's unopposed Application for Writ of Possession as to Defendant Anthony Roxana Castro Corcoles is GRANTED. No undertaking is required by the plaintiff because defendant has no interest in the property. (CCP § 515.010.)

  Plaintiff shall submit an order within the next seven days.

• THE PEOPLE OF THE STATE OF CALIFORNIA VS CITY OF SAN DIEGO AND ITS CITY COUNCIL

  Dec 17, 2020 |  San Diego County

  Defendant City's and Plaintiffs' Joint Motion for Summary Judgment Invalidating City's 2012 Proposition B Charter Amendments is denied.

  The motion for summary judgment is denied. The parties have not presented legal authority that a quo warranto proceeding is properly determined through a motion fo...

• CAMPAS VS A CARING TOUCH HOMECARE LLC

  Dec 17, 2020 |  San Diego County

  Attorney Stephen Matcha's unopposed Motion to Be Relieved as Counsel for Plaintiffs is denied without prejudice. Counsel purported to serve the clients by email. Service by email of a motion to be relieved is permissible if accompanied by a declaration that the electronic service address is the client's cu...

• INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB VS CASTILLO

  Dec 17, 2020 |  San Diego County

  Plaintiff Interinsurance Exchange of the Automobile Club's unopposed Motion to Set Default Judgment is granted.

  Plaintiff's default judgment is set aside. (ROA #39.)

  The court will hear from the parties regarding the setting a future status conference.

  ...

• HOME HEALTH OF KANSAS LLC VS ROGERS

  Dec 17, 2020 |  San Diego County

  Plaintiff Home Health of Kansas, LLC's Motion to Consolidate Actions is denied. As a preliminary matter, Plaintiff did not provide the requisite notice to all parties pursuant to CCP § 1005. Regardless, the court is not persuaded that consolidation is proper in this matter. While the same vehicle is at iss...

• THE PEOPLE OF THE STATE OF CALIFORNIA VS CITY OF SAN DIEGO AND ITS CITY COUNCIL

  Dec 17, 2020 |  San Diego County

  Defendant City's and Plaintiffs' Joint Motion for Summary Judgment Invalidating City's 2012 Proposition B Charter Amendments is denied.

  The motion for summary judgment is denied. The parties have not presented legal authority that a quo warranto proceeding is properly determined through a motion fo...

• THE PEOPLE OF THE STATE OF CALIFORNIA VS CITY OF SAN DIEGO AND ITS CITY COUNCIL

  Dec 17, 2020 |  San Diego County

  Defendant City's and Plaintiffs' Joint Motion for Summary Judgment Invalidating City's 2012 Proposition B Charter Amendments is denied.

  The motion for summary judgment is denied. The parties have not presented legal authority that a quo warranto proceeding is properly determined through a motion fo...

• GARCIA VS SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP

  Dec 17, 2020 |  San Diego County

  Plaintiff's motion for preference is continued. The court will hear Defendants' motions to compel arbitration on January 15, 2021 at 9:00 a.m. The court will reschedule Plaintiff's motion for preference at the January 15, 2021 hearing if necessary. Defendants shall provide amended notice of the new hearing...

• ADAN MORALES VS. JEROMES FURNITURE WAREHOUSE [EFILE]

  Dec 10, 2020 |  San Diego County

  Plaintiffs Richard Contreras and Juan Gonzales' Motion to Compel Defendant Jerome's Furniture Warehouse's Further Responses to Request for Production of Document (Set Four) is denied. Plaintiff has not established the timeliness of the motion. In addition, the separate statement fails to comply with Cal. R...

• EASTLAKE PROFESSIONAL CENTER OWNERS ASSOCIATION VS LOHSE

  Dec 10, 2020 |  San Diego County

  Defendants Lohse2 LLC and Norbert Lohse's Objections to Thomas Sharkey's Discovery Referee Recommendations are overruled. The court is not persuaded that the objections to the recommendation have merit. The recommendation will be adopted by the court.

  ...

• PETITION OF CITY OF POWAY

  Dec 10, 2020 |  San Diego County

  Petitioner City of Poway's Motion for Appointment of a Receiver is denied without prejudice. Petitioner has not shown compliance with H&S § 17980.7(c).

  The court also finds that the proposed receiver is not appropriate. Here, the proposed order seeks to appoint California Receivership Group, Inc., ...

• JUSTUS ENTERPRISES INC VS ONE RING NETWORKS INC

  Dec 10, 2020 |  San Diego County

  Defendant KGC Technologies's Demurrer to Plaintiff's Complaint is sustained with leave to amend. The complaint fails to allege sufficient facts to state any of the causes of action alleged. The complaint alleges generalities, does not distinguish against different defendants and has no support for imputing...

• BOUGUERBA VS BERNIER

  Dec 10, 2020 |  San Diego County

  Defendants Paul Turino, Alan Maiss, James Jalil, John Zoraian, Greg Zoraian, Paul Roben, Nishal Mohan, Mario Diez and VentureMoney Management Co.'s Motion to Compel Arbitration and Stay Proceedings is denied. Defendants have failed to meet their burden that a valid arbitration agreement exists between Plai...

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