The Honorable Richard S. Whitney

San Diego County Superior Court, Department SD-68

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Biography

The Hon. Richard S. Whitney is a judge for the Superior Court of San Diego County in California. He was elected to the bench after defeating the Hon. Geary Cortes in 2002.

Whitney earned a B.A. from the University of Puget Sound in 1980. He then received a J.D. from Western State University College of Law in 1983.

Prior to his election to the bench, Whitney worked as an attorney for eighteen years. He devoted fifteen of those years to two large firms. Then, in 1999, he started his own private practice, where he specialized in insurance fraud cases.

Recent Rulings by Hon. Richard S. Whitney

  • GOMEZ V PLA-ART INTERNATIONAL INC

    Oct 15, 2020 |  San Diego County

    TENTATIVE RULING: Plaintiff Gomez's Motion for Leave to File Fifth Amend Complaint is DENIED.

    Unwarranted delay may itself be a valid reason for denial of leave to amend. (Record v. Reason (1999) 73 Cal.App.4th 472, 486.) "The cases indicate that the denial may rest upon the element of lack of dili...

  • PATTEN VS FLORES

    Oct 15, 2020 |  San Diego County

    TENTATIVE RULING: (1) DEFENDANT MANUEL LOPEZ QUINTERO'S Unopposed MOTION TO COMPEL PLAINTIFF'S RESPONSE TO FORM AND SPECIAL INTERROGATORIES, SETS ONE, AND REQUEST FOR MONETARY SANCTIONS and (2) DEFENDANT MANUEL LOPEZ

    QUINTERO'S Unopposed MOTION TO COMPEL PLAINTIFF'S RESPONSE TO REQUEST FOR PRODUCTI...

  • GULLIERMO GUTIERREZ VS. SD LENDING LLC

    Oct 15, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) Defendant JEFFREY MIDDAUGH's Demurrer to Plaintiff's Second Amended Complaint ("SAC") is SUSTAINED with leave to amend.

    Plaintiff alleges CESAR CORTES QUINTERO ("CORTES") and accomplice ALFREDO PIMIENTA HUBER ("HUBER") "obtained a loan on Plaintiff's Property with forg...

  • PATTEN VS FLORES

    Oct 15, 2020 |  San Diego County

    TENTATIVE RULING: (1) DEFENDANT MANUEL LOPEZ QUINTERO'S Unopposed MOTION TO COMPEL PLAINTIFF'S RESPONSE TO FORM AND SPECIAL INTERROGATORIES, SETS ONE, AND REQUEST FOR MONETARY SANCTIONS and (2) DEFENDANT MANUEL LOPEZ

    QUINTERO'S Unopposed MOTION TO COMPEL PLAINTIFF'S RESPONSE TO REQUEST FOR PRODUCTI...

  • GULLIERMO GUTIERREZ VS. SD LENDING LLC

    Oct 15, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) Defendant JEFFREY MIDDAUGH's Demurrer to Plaintiff's Second Amended Complaint ("SAC") is SUSTAINED with leave to amend.

    Plaintiff alleges CESAR CORTES QUINTERO ("CORTES") and accomplice ALFREDO PIMIENTA HUBER ("HUBER") "obtained a loan on Plaintiff's Property with forg...

  • GULLIERMO GUTIERREZ VS. SD LENDING LLC

    Oct 15, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) Defendant JEFFREY MIDDAUGH's Demurrer to Plaintiff's Second Amended Complaint ("SAC") is SUSTAINED with leave to amend.

    Plaintiff alleges CESAR CORTES QUINTERO ("CORTES") and accomplice ALFREDO PIMIENTA HUBER ("HUBER") "obtained a loan on Plaintiff's Property with forg...

  • JESTER VS NELNET [IMAGED AND EXEMPT FROM ALL FEES]

    Oct 15, 2020 |  San Diego County

    The petition is off calendar as no moving papers were filed and there is no proof of service of the petition on file.

    ...

  • GULLIERMO GUTIERREZ VS. SD LENDING LLC

    Oct 15, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) Defendant JEFFREY MIDDAUGH's Demurrer to Plaintiff's Second Amended Complaint ("SAC") is SUSTAINED with leave to amend.

    Plaintiff alleges CESAR CORTES QUINTERO ("CORTES") and accomplice ALFREDO PIMIENTA HUBER ("HUBER") "obtained a loan on Plaintiff's Property with forg...

  • LAGUATAN VS PREVENT LIFE SAFETY SERVICES INC [E-FILE]

    Oct 15, 2020 |  San Diego County

    TENTATIVE RULING: Plaintiff's Motion for Preliminary Approval of Class and PAGA Action Settlement is GRANTED.

    The Court will adopt as its own the proposed order filed on June 9, 2020, with the modification that the final hearing will be in Department 68. The Court hereby sets the final approval hea...

  • PETITION OF EDWARD CANTU TRUSTEE OF THE EDWARD CANTU TRUST

    Oct 08, 2020 |  San Diego County

    TENTATIVE RULING: Petitioner's UNOPPOSED Petition for Release of Property from Lien is GRANTED.

    Failure to file an opposition to the petition indicates defendant's acquiescence that the petition is meritorious. (California Rules of Court, Rule 8.54(c).) On July 17, 2019, Respondent, Pro-Prept, Inc....

  • OLIVARRIA VS SAN YSIDRO HEALTH CENTER [EFILE]

    Oct 08, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) Defendant's Motion for the Imposition of Terminating Sanctions and Monetary Sanctions Against Stephanie Olivarria and Attorney Edwin Aiwazian, Anthony Orshansky, Jennifer Connor, and Patrick Webb in the Amount of $119,972.00 for the Fees and Costs Incurred in the Defense of Th...

  • BRAGG INVESMENT COMPANY INC VS SCHUFF STEEL COMPANY INC

    Oct 08, 2020 |  San Diego County

    TENTATIVE RULING: DEFENDANT-IN-INTERVENTION SCHUFF STEEL COMPANY'S MOTION FOR SUMMARY JUDGMENT AS AGAINST PLAINTIFF-IN-INTERVENTION, NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, P.A.'S, COMPLAINT-IN-INTERVENTION, OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUES is GRANTED, in part.

    Se...

  • WESTON VS EC OPCO CA PARTNERS II LLC

    Oct 08, 2020 |  San Diego County

    TENTATIVE RULING: DEFENDANTS EC OPCO CA PARTNER II, LLC, ECLIPSE SENIOR LIVING, INC. AND ECLIPSE PORTFOLIO OPERATIONS LLC'S PETITION TO COMPEL ARBITRATION is DENIED.

    CCP section 1281.2 provides:

    On petition of a party to an arbitration agreement alleging the existence of a written agreement...

  • PRECISION CONCRETE CONSTRUCTION INC VS WATKINS LANDMARK CONSTRUCTION

    Oct 08, 2020 |  San Diego County

    TENTATIVE RULING: Defendant Watkins Landmark Construction's Attorney's Motion to be Relieved as Counsel is GRANTED.

    ...

  • PAWNEE LEASING CORPORATION VS PYR PRESERVATION SERVICES

    Oct 08, 2020 |  San Diego County

    TENTATIVE RULING: (1) Plaintiff's Application for Right to Attach Order and Writ of Attachment Against Defendant PYR PRESERVATION SERVICES, a California corporation fka PACIFIC YACHT REFITTERS, INC. and (2) Plaintiff's Application for Right to Attach Order and Writ of Attachment Against Defendants DANIEL R...

  • OLIVARRIA VS SAN YSIDRO HEALTH CENTER [EFILE]

    Oct 08, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) Defendant's Motion for the Imposition of Terminating Sanctions and Monetary Sanctions Against Stephanie Olivarria and Attorney Edwin Aiwazian, Anthony Orshansky, Jennifer Connor, and Patrick Webb in the Amount of $119,972.00 for the Fees and Costs Incurred in the Defense of Th...

  • OLIVARRIA VS SAN YSIDRO HEALTH CENTER [EFILE]

    Oct 08, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) Defendant's Motion for the Imposition of Terminating Sanctions and Monetary Sanctions Against Stephanie Olivarria and Attorney Edwin Aiwazian, Anthony Orshansky, Jennifer Connor, and Patrick Webb in the Amount of $119,972.00 for the Fees and Costs Incurred in the Defense of Th...

  • AI-LEE ALICE MA TRUSTEE OF THE MA FAMILY TRUST VS MA

    Oct 08, 2020 |  San Diego County

    TENTATIVE RULING: Plaintiff AI-LEE ALICE MA, TRUSTEE OF THE MA FAMILY TRUST's Motion for Summary Adjudication is DENIED.

    Plaintiff seek to partition the Subject Property of which she asserts to be a co-owner. Under Code Civ. Proc., § 872.210, "[a] partition action may be commenced and maintained by...

  • AI-LEE ALICE MA TRUSTEE OF THE MA FAMILY TRUST VS MA

    Oct 08, 2020 |  San Diego County

    TENTATIVE RULING: Plaintiff AI-LEE ALICE MA, TRUSTEE OF THE MA FAMILY TRUST's Motion for Summary Adjudication is DENIED.

    Plaintiff seek to partition the Subject Property of which she asserts to be a co-owner. Under Code Civ. Proc., § 872.210, "[a] partition action may be commenced and maintained by...

  • AI-LEE ALICE MA TRUSTEE OF THE MA FAMILY TRUST VS MA

    Oct 08, 2020 |  San Diego County

    TENTATIVE RULING: Plaintiff AI-LEE ALICE MA, TRUSTEE OF THE MA FAMILY TRUST's Motion for Summary Adjudication is DENIED.

    Plaintiff seek to partition the Subject Property of which she asserts to be a co-owner. Under Code Civ. Proc., § 872.210, "[a] partition action may be commenced and maintained by...

  • PUMPELLY VS KIA MOTORS AMERICA INC

    Oct 08, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) Defendant's Demurrer to Plaintiffs' First Amended Complaint ("FAC") is OVERRULED. Defendant KIA MOTORS AMERICA, INC. ("KMA" or "Defendant") argues that the fifth, sixth, and seventh cause of action are barred by the applicable statute of limitations. The fifth cause of action ...

  • OLIVARRIA VS SAN YSIDRO HEALTH CENTER [EFILE]

    Oct 08, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) Defendant's Motion for the Imposition of Terminating Sanctions and Monetary Sanctions Against Stephanie Olivarria and Attorney Edwin Aiwazian, Anthony Orshansky, Jennifer Connor, and Patrick Webb in the Amount of $119,972.00 for the Fees and Costs Incurred in the Defense of Th...

  • PUMPELLY VS KIA MOTORS AMERICA INC

    Oct 08, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) Defendant's Demurrer to Plaintiffs' First Amended Complaint ("FAC") is OVERRULED. Defendant KIA MOTORS AMERICA, INC. ("KMA" or "Defendant") argues that the fifth, sixth, and seventh cause of action are barred by the applicable statute of limitations. The fifth cause of action ...

  • HILLARY BACKUS VS. CENTURY AUTO GROUP, INC.

    Oct 08, 2020 |  San Diego County

    TENTATIVE RULING: Plaintiff's UNOPPOSED Motion to Compel Arbitration, Petition for Court to Pick Arbitration forum; Request for Stay, and Request for Costs is GRANTED. Failure to file an opposition to the petition indicates defendant's acquiescence that the petition is meritorious. (California Rules of Cou...

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Recent Rulings by Hon. Richard S. Whitney

  • GOMEZ V PLA-ART INTERNATIONAL INC

    Oct 15, 2020 |  San Diego County

    TENTATIVE RULING: Plaintiff Gomez's Motion for Leave to File Fifth Amend Complaint is DENIED.

    Unwarranted delay may itself be a valid reason for denial of leave to amend. (Record v. Reason (1999) 73 Cal.App.4th 472, 486.) "The cases indicate that the denial may rest upon the element of lack of dili...

  • PATTEN VS FLORES

    Oct 15, 2020 |  San Diego County

    TENTATIVE RULING: (1) DEFENDANT MANUEL LOPEZ QUINTERO'S Unopposed MOTION TO COMPEL PLAINTIFF'S RESPONSE TO FORM AND SPECIAL INTERROGATORIES, SETS ONE, AND REQUEST FOR MONETARY SANCTIONS and (2) DEFENDANT MANUEL LOPEZ

    QUINTERO'S Unopposed MOTION TO COMPEL PLAINTIFF'S RESPONSE TO REQUEST FOR PRODUCTI...

  • GULLIERMO GUTIERREZ VS. SD LENDING LLC

    Oct 15, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) Defendant JEFFREY MIDDAUGH's Demurrer to Plaintiff's Second Amended Complaint ("SAC") is SUSTAINED with leave to amend.

    Plaintiff alleges CESAR CORTES QUINTERO ("CORTES") and accomplice ALFREDO PIMIENTA HUBER ("HUBER") "obtained a loan on Plaintiff's Property with forg...

  • PATTEN VS FLORES

    Oct 15, 2020 |  San Diego County

    TENTATIVE RULING: (1) DEFENDANT MANUEL LOPEZ QUINTERO'S Unopposed MOTION TO COMPEL PLAINTIFF'S RESPONSE TO FORM AND SPECIAL INTERROGATORIES, SETS ONE, AND REQUEST FOR MONETARY SANCTIONS and (2) DEFENDANT MANUEL LOPEZ

    QUINTERO'S Unopposed MOTION TO COMPEL PLAINTIFF'S RESPONSE TO REQUEST FOR PRODUCTI...

  • GULLIERMO GUTIERREZ VS. SD LENDING LLC

    Oct 15, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) Defendant JEFFREY MIDDAUGH's Demurrer to Plaintiff's Second Amended Complaint ("SAC") is SUSTAINED with leave to amend.

    Plaintiff alleges CESAR CORTES QUINTERO ("CORTES") and accomplice ALFREDO PIMIENTA HUBER ("HUBER") "obtained a loan on Plaintiff's Property with forg...

  • GULLIERMO GUTIERREZ VS. SD LENDING LLC

    Oct 15, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) Defendant JEFFREY MIDDAUGH's Demurrer to Plaintiff's Second Amended Complaint ("SAC") is SUSTAINED with leave to amend.

    Plaintiff alleges CESAR CORTES QUINTERO ("CORTES") and accomplice ALFREDO PIMIENTA HUBER ("HUBER") "obtained a loan on Plaintiff's Property with forg...

  • JESTER VS NELNET [IMAGED AND EXEMPT FROM ALL FEES]

    Oct 15, 2020 |  San Diego County

    The petition is off calendar as no moving papers were filed and there is no proof of service of the petition on file.

    ...

  • GULLIERMO GUTIERREZ VS. SD LENDING LLC

    Oct 15, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) Defendant JEFFREY MIDDAUGH's Demurrer to Plaintiff's Second Amended Complaint ("SAC") is SUSTAINED with leave to amend.

    Plaintiff alleges CESAR CORTES QUINTERO ("CORTES") and accomplice ALFREDO PIMIENTA HUBER ("HUBER") "obtained a loan on Plaintiff's Property with forg...

  • LAGUATAN VS PREVENT LIFE SAFETY SERVICES INC [E-FILE]

    Oct 15, 2020 |  San Diego County

    TENTATIVE RULING: Plaintiff's Motion for Preliminary Approval of Class and PAGA Action Settlement is GRANTED.

    The Court will adopt as its own the proposed order filed on June 9, 2020, with the modification that the final hearing will be in Department 68. The Court hereby sets the final approval hea...

  • PETITION OF EDWARD CANTU TRUSTEE OF THE EDWARD CANTU TRUST

    Oct 08, 2020 |  San Diego County

    TENTATIVE RULING: Petitioner's UNOPPOSED Petition for Release of Property from Lien is GRANTED.

    Failure to file an opposition to the petition indicates defendant's acquiescence that the petition is meritorious. (California Rules of Court, Rule 8.54(c).) On July 17, 2019, Respondent, Pro-Prept, Inc....

  • OLIVARRIA VS SAN YSIDRO HEALTH CENTER [EFILE]

    Oct 08, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) Defendant's Motion for the Imposition of Terminating Sanctions and Monetary Sanctions Against Stephanie Olivarria and Attorney Edwin Aiwazian, Anthony Orshansky, Jennifer Connor, and Patrick Webb in the Amount of $119,972.00 for the Fees and Costs Incurred in the Defense of Th...

  • BRAGG INVESMENT COMPANY INC VS SCHUFF STEEL COMPANY INC

    Oct 08, 2020 |  San Diego County

    TENTATIVE RULING: DEFENDANT-IN-INTERVENTION SCHUFF STEEL COMPANY'S MOTION FOR SUMMARY JUDGMENT AS AGAINST PLAINTIFF-IN-INTERVENTION, NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, P.A.'S, COMPLAINT-IN-INTERVENTION, OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUES is GRANTED, in part.

    Se...

  • WESTON VS EC OPCO CA PARTNERS II LLC

    Oct 08, 2020 |  San Diego County

    TENTATIVE RULING: DEFENDANTS EC OPCO CA PARTNER II, LLC, ECLIPSE SENIOR LIVING, INC. AND ECLIPSE PORTFOLIO OPERATIONS LLC'S PETITION TO COMPEL ARBITRATION is DENIED.

    CCP section 1281.2 provides:

    On petition of a party to an arbitration agreement alleging the existence of a written agreement...

  • PRECISION CONCRETE CONSTRUCTION INC VS WATKINS LANDMARK CONSTRUCTION

    Oct 08, 2020 |  San Diego County

    TENTATIVE RULING: Defendant Watkins Landmark Construction's Attorney's Motion to be Relieved as Counsel is GRANTED.

    ...

  • PAWNEE LEASING CORPORATION VS PYR PRESERVATION SERVICES

    Oct 08, 2020 |  San Diego County

    TENTATIVE RULING: (1) Plaintiff's Application for Right to Attach Order and Writ of Attachment Against Defendant PYR PRESERVATION SERVICES, a California corporation fka PACIFIC YACHT REFITTERS, INC. and (2) Plaintiff's Application for Right to Attach Order and Writ of Attachment Against Defendants DANIEL R...

  • OLIVARRIA VS SAN YSIDRO HEALTH CENTER [EFILE]

    Oct 08, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) Defendant's Motion for the Imposition of Terminating Sanctions and Monetary Sanctions Against Stephanie Olivarria and Attorney Edwin Aiwazian, Anthony Orshansky, Jennifer Connor, and Patrick Webb in the Amount of $119,972.00 for the Fees and Costs Incurred in the Defense of Th...

  • OLIVARRIA VS SAN YSIDRO HEALTH CENTER [EFILE]

    Oct 08, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) Defendant's Motion for the Imposition of Terminating Sanctions and Monetary Sanctions Against Stephanie Olivarria and Attorney Edwin Aiwazian, Anthony Orshansky, Jennifer Connor, and Patrick Webb in the Amount of $119,972.00 for the Fees and Costs Incurred in the Defense of Th...

  • AI-LEE ALICE MA TRUSTEE OF THE MA FAMILY TRUST VS MA

    Oct 08, 2020 |  San Diego County

    TENTATIVE RULING: Plaintiff AI-LEE ALICE MA, TRUSTEE OF THE MA FAMILY TRUST's Motion for Summary Adjudication is DENIED.

    Plaintiff seek to partition the Subject Property of which she asserts to be a co-owner. Under Code Civ. Proc., § 872.210, "[a] partition action may be commenced and maintained by...

  • AI-LEE ALICE MA TRUSTEE OF THE MA FAMILY TRUST VS MA

    Oct 08, 2020 |  San Diego County

    TENTATIVE RULING: Plaintiff AI-LEE ALICE MA, TRUSTEE OF THE MA FAMILY TRUST's Motion for Summary Adjudication is DENIED.

    Plaintiff seek to partition the Subject Property of which she asserts to be a co-owner. Under Code Civ. Proc., § 872.210, "[a] partition action may be commenced and maintained by...

  • AI-LEE ALICE MA TRUSTEE OF THE MA FAMILY TRUST VS MA

    Oct 08, 2020 |  San Diego County

    TENTATIVE RULING: Plaintiff AI-LEE ALICE MA, TRUSTEE OF THE MA FAMILY TRUST's Motion for Summary Adjudication is DENIED.

    Plaintiff seek to partition the Subject Property of which she asserts to be a co-owner. Under Code Civ. Proc., § 872.210, "[a] partition action may be commenced and maintained by...

  • PUMPELLY VS KIA MOTORS AMERICA INC

    Oct 08, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) Defendant's Demurrer to Plaintiffs' First Amended Complaint ("FAC") is OVERRULED. Defendant KIA MOTORS AMERICA, INC. ("KMA" or "Defendant") argues that the fifth, sixth, and seventh cause of action are barred by the applicable statute of limitations. The fifth cause of action ...

  • OLIVARRIA VS SAN YSIDRO HEALTH CENTER [EFILE]

    Oct 08, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) Defendant's Motion for the Imposition of Terminating Sanctions and Monetary Sanctions Against Stephanie Olivarria and Attorney Edwin Aiwazian, Anthony Orshansky, Jennifer Connor, and Patrick Webb in the Amount of $119,972.00 for the Fees and Costs Incurred in the Defense of Th...

  • PUMPELLY VS KIA MOTORS AMERICA INC

    Oct 08, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) Defendant's Demurrer to Plaintiffs' First Amended Complaint ("FAC") is OVERRULED. Defendant KIA MOTORS AMERICA, INC. ("KMA" or "Defendant") argues that the fifth, sixth, and seventh cause of action are barred by the applicable statute of limitations. The fifth cause of action ...

  • HILLARY BACKUS VS. CENTURY AUTO GROUP, INC.

    Oct 08, 2020 |  San Diego County

    TENTATIVE RULING: Plaintiff's UNOPPOSED Motion to Compel Arbitration, Petition for Court to Pick Arbitration forum; Request for Stay, and Request for Costs is GRANTED. Failure to file an opposition to the petition indicates defendant's acquiescence that the petition is meritorious. (California Rules of Cou...

  • See More Results

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