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

  • BLEEKER VS CONTINENTAL HERITAGE INSURANCE COMPANY

    Aug 05, 2020 |  San Diego County

    TENTATIVE RULING: Defendant CONTINENTAL HERITAGE INSURANCE's Demurrer to Plaintiff's Complaint is SUSTAINED without leave to amend.

    Defendant CONTINENTAL HERITAGE INSURANCE COMPANY ("Defendant") asserts Plaintiff NEIL C. BLEEKER ("Plaintiff") has not and cannot allege the breach of contract claims ...

  • GOMEZ V PLA-ART INTERNATIONAL INC

    Aug 05, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) Defendants' Joint and Several Motion for Judgment on the Pleadings (Accounting – 4th Cause of Action) is DENIED.

    Defendants' motion is based on the assertion there is no underlying cause of action to support a claim for an accounting.

    Even though the plaintiffs...

  • JOSEPH LOPEZ VS CITY OF SAN DIEGO

    Aug 05, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) Defendant City of San Diego's Motion to Compel Plaintiff's Further Discovery Responses is GRANTED.

    Defendant City of San Diego ("City") seeks further responses from Plaintiff Joseph Lopez as to Special Interrogatories and Form Interrogatory No. 17.1. Plaintiff argues t...

  • GOMEZ V PLA-ART INTERNATIONAL INC

    Aug 05, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) Defendants' Joint and Several Motion for Judgment on the Pleadings (Accounting – 4th Cause of Action) is DENIED.

    Defendants' motion is based on the assertion there is no underlying cause of action to support a claim for an accounting.

    Even though the plaintiffs...

  • SAVE 30TH STREET PARKING VS CITY OF SAN DIEGO [E-FILE]

    Aug 05, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) Petitioner's Motion for Leave to File a Supplemental Petition for Writ of Mandate is GRANTED. "It is the general policy that courts should exercise liberality in permitting the filing of supplemental pleadings when the alleged 'occurring-after' facts are pertinent to the case....

  • CAMARENA VS PAL GENERAL ENGINEERING INC [E-FILE]

    Aug 05, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) Plaintiff's Motion to Compel Defendant PAL GENERAL ENGINEERING, INC. to Provide Further Responses to Plaintiff's Requests for Production of Documents, Set One and Request for Sanctions in the Amount of $5,860; (2) Plaintiff's Motion to Compel Defendant PAL GENERAL ENGINEERING,...

  • DOWNES VS BEACH HOUSE GRILL

    Aug 05, 2020 |  San Diego County

    TENTATIVE RULING: Plaintiff's Motion for New Trial is DENIED.

    ...

  • NORTH COUNTY COMMUNICATIONS CORPORATION VS. VAYA TELECOM INC

    Aug 05, 2020 |  San Diego County

    TENTATIVE RULING: Defendant's UNOPPOSED Motion to Amend Judgments to Include Costs of Enforcing Judgment is GRANTED.

    While Plaintiff/Judgment Debtor NORTH COUNTY COMMUNICATIONS CORPORATION ("NCC") filed an opposition, NCC's counsel's motion to be relieved as counsel was subsequently granted. NCC is...

  • LAS BRISAS AT COTTONWOOD COMMUNITY CORPORATION VS BUCKMASTER

    Aug 05, 2020 |  San Diego County

    TENTATIVE RULING: Buckmasters' Motion to Enforce Court Settlement Order is DENIED. Defendants Leonard J. Buckmaster and Patsy J. Buckmaster ("Defendants") seek to enforce the settlement they entered into with Plaintiff LAS BRISAS AT COTTONWOOD COMMUNITY CORPORATION ("Plaintiff"), which led to the dismissal...

  • CAMARENA VS PAL GENERAL ENGINEERING INC [E-FILE]

    Aug 05, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) Plaintiff's Motion to Compel Defendant PAL GENERAL ENGINEERING, INC. to Provide Further Responses to Plaintiff's Requests for Production of Documents, Set One and Request for Sanctions in the Amount of $5,860; (2) Plaintiff's Motion to Compel Defendant PAL GENERAL ENGINEERING,...

  • ENDOTHELIX INC VS OBVIO HEALTH USA INC

    Aug 05, 2020 |  San Diego County

    TENTATIVE RULING: Defendant Obvio Health USA USA, Inc.'s Motion to Quash Service of Summons is GRANTED.

    After this motion was filed, the burden shifted to Plaintiff to prove the Court has jurisdiction by making at least a prima facie showing sufficient contacts with the State of California. (Flovey...

  • NORTH COUNTY COMMUNICATIONS CORPORATION VS. VAYA TELECOM INC

    Aug 05, 2020 |  San Diego County

    TENTATIVE RULING: Defendant's UNOPPOSED Motion to Amend Judgments to Include Costs of Enforcing Judgment is GRANTED.

    While Plaintiff/Judgment Debtor NORTH COUNTY COMMUNICATIONS CORPORATION ("NCC") filed an opposition, NCC's counsel's motion to be relieved as counsel was subsequently granted. NCC is...

  • JOSEPH LOPEZ VS CITY OF SAN DIEGO

    Aug 05, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) Defendant City of San Diego's Motion to Compel Plaintiff's Further Discovery Responses is GRANTED.

    Defendant City of San Diego ("City") seeks further responses from Plaintiff Joseph Lopez as to Special Interrogatories and Form Interrogatory No. 17.1. Plaintiff argues t...

  • JOSEPH LOPEZ VS CITY OF SAN DIEGO

    Aug 05, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) Defendant City of San Diego's Motion to Compel Plaintiff's Further Discovery Responses is GRANTED.

    Defendant City of San Diego ("City") seeks further responses from Plaintiff Joseph Lopez as to Special Interrogatories and Form Interrogatory No. 17.1. Plaintiff argues t...

  • JOSEPH LOPEZ VS CITY OF SAN DIEGO

    Aug 05, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) Defendant City of San Diego's Motion to Compel Plaintiff's Further Discovery Responses is GRANTED.

    Defendant City of San Diego ("City") seeks further responses from Plaintiff Joseph Lopez as to Special Interrogatories and Form Interrogatory No. 17.1. Plaintiff argues t...

  • GOMEZ V PLA-ART INTERNATIONAL INC

    Aug 05, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) Defendants' Joint and Several Motion for Judgment on the Pleadings (Accounting – 4th Cause of Action) is DENIED.

    Defendants' motion is based on the assertion there is no underlying cause of action to support a claim for an accounting.

    Even though the plaintiffs...

  • GOMEZ V PLA-ART INTERNATIONAL INC

    Aug 05, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) Defendants' Joint and Several Motion for Judgment on the Pleadings (Accounting – 4th Cause of Action) is DENIED.

    Defendants' motion is based on the assertion there is no underlying cause of action to support a claim for an accounting.

    Even though the plaintiffs...

  • KRUEGER VS HUMPHREY

    Jul 30, 2020 |  San Diego County

    TENTATIVE RULING: Plaintiff's UNOPPOSED Motion for an Order Reinstating the Captioned Case is GRANTED.

    Failure to file an opposition to the motion indicates defendants' acquiescence that the motion is meritorious. (California Rules of Court, Rule 8.54(c).)

    ...

  • DOE VS POWAY UNIFIED SCHOOL DISTRICT

    Jul 30, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) POWAY UNIFIED SCHOOL DISTRICT's Demurrer to Voice of San Diego's Amended Complaint and Petition in Intervention is SUSTAINED.

    To the extent this demurrer was untimely filed, the Court may treat it as a motion for judgment on the pleadings.

    This action was comme...

  • V&C INVESTMENT LLC VS FUSION HOSPITALITY CORPORATION

    Jul 30, 2020 |  San Diego County

    TENTATIVE RULING: (1) Plaintiffs' Application for Right to Attach Order and Writ of Attachment Against Defendant Denny Bhakta and (2) Plaintiffs' Application for Right to Attach Order and Writ of Attachment Against Defendant Fusion Hospitality Corporation are GRANTED, in part. The Court must grant the atta...

  • KROZOS VS FRESENIUS HEALTH PARTNERS INC

    Jul 30, 2020 |  San Diego County

    TENTATIVE RULING: Defendants Fresenius Health Partners, Inc., Fresenius Medical Care Pharmacy Services, Inc., and San Diego Dialysis Services, Inc.'s Demurrer to First Amended Complaint is SUSTAINED without leave to amend.

    Defendants Fresenius Health Partners, Inc., Fresenius Medical Care Pharmacy ...

  • NORTH COUNTY COMMUNICATIONS CORPORATION VS. VAYA TELECOM INC

    Jul 30, 2020 |  San Diego County

    TENTATIVE RULING: North County Communications Corporation Attorney's Application to be Relieved as Counsel is DENIED, unless a proper declaration is provided to the Court. Under California Rules of Court, Rule 3.1362(d), counsel was required to file a declaration "stating facts showing that either: (A) The...

  • NORTH COUNTY COMMUNICATIONS CORPORATION VS. VAYA TELECOM INC

    Jul 30, 2020 |  San Diego County

    TENTATIVE RULING: North County Communications Corporation Attorney's Application to be Relieved as Counsel is DENIED, unless a proper declaration is provided to the Court. Under California Rules of Court, Rule 3.1362(d), counsel was required to file a declaration "stating facts showing that either: (A) The...

  • NORTH COUNTY COMMUNICATIONS CORPORATION VS. VAYA TELECOM INC

    Jul 30, 2020 |  San Diego County

    TENTATIVE RULING: North County Communications Corporation Attorney's Application to be Relieved as Counsel is DENIED, unless a proper declaration is provided to the Court. Under California Rules of Court, Rule 3.1362(d), counsel was required to file a declaration "stating facts showing that either: (A) The...

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Recent Rulings by Hon. Richard S. Whitney

  • BLEEKER VS CONTINENTAL HERITAGE INSURANCE COMPANY

    Aug 05, 2020 |  San Diego County

    TENTATIVE RULING: Defendant CONTINENTAL HERITAGE INSURANCE's Demurrer to Plaintiff's Complaint is SUSTAINED without leave to amend.

    Defendant CONTINENTAL HERITAGE INSURANCE COMPANY ("Defendant") asserts Plaintiff NEIL C. BLEEKER ("Plaintiff") has not and cannot allege the breach of contract claims ...

  • GOMEZ V PLA-ART INTERNATIONAL INC

    Aug 05, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) Defendants' Joint and Several Motion for Judgment on the Pleadings (Accounting – 4th Cause of Action) is DENIED.

    Defendants' motion is based on the assertion there is no underlying cause of action to support a claim for an accounting.

    Even though the plaintiffs...

  • JOSEPH LOPEZ VS CITY OF SAN DIEGO

    Aug 05, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) Defendant City of San Diego's Motion to Compel Plaintiff's Further Discovery Responses is GRANTED.

    Defendant City of San Diego ("City") seeks further responses from Plaintiff Joseph Lopez as to Special Interrogatories and Form Interrogatory No. 17.1. Plaintiff argues t...

  • GOMEZ V PLA-ART INTERNATIONAL INC

    Aug 05, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) Defendants' Joint and Several Motion for Judgment on the Pleadings (Accounting – 4th Cause of Action) is DENIED.

    Defendants' motion is based on the assertion there is no underlying cause of action to support a claim for an accounting.

    Even though the plaintiffs...

  • SAVE 30TH STREET PARKING VS CITY OF SAN DIEGO [E-FILE]

    Aug 05, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) Petitioner's Motion for Leave to File a Supplemental Petition for Writ of Mandate is GRANTED. "It is the general policy that courts should exercise liberality in permitting the filing of supplemental pleadings when the alleged 'occurring-after' facts are pertinent to the case....

  • CAMARENA VS PAL GENERAL ENGINEERING INC [E-FILE]

    Aug 05, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) Plaintiff's Motion to Compel Defendant PAL GENERAL ENGINEERING, INC. to Provide Further Responses to Plaintiff's Requests for Production of Documents, Set One and Request for Sanctions in the Amount of $5,860; (2) Plaintiff's Motion to Compel Defendant PAL GENERAL ENGINEERING,...

  • DOWNES VS BEACH HOUSE GRILL

    Aug 05, 2020 |  San Diego County

    TENTATIVE RULING: Plaintiff's Motion for New Trial is DENIED.

    ...

  • NORTH COUNTY COMMUNICATIONS CORPORATION VS. VAYA TELECOM INC

    Aug 05, 2020 |  San Diego County

    TENTATIVE RULING: Defendant's UNOPPOSED Motion to Amend Judgments to Include Costs of Enforcing Judgment is GRANTED.

    While Plaintiff/Judgment Debtor NORTH COUNTY COMMUNICATIONS CORPORATION ("NCC") filed an opposition, NCC's counsel's motion to be relieved as counsel was subsequently granted. NCC is...

  • LAS BRISAS AT COTTONWOOD COMMUNITY CORPORATION VS BUCKMASTER

    Aug 05, 2020 |  San Diego County

    TENTATIVE RULING: Buckmasters' Motion to Enforce Court Settlement Order is DENIED. Defendants Leonard J. Buckmaster and Patsy J. Buckmaster ("Defendants") seek to enforce the settlement they entered into with Plaintiff LAS BRISAS AT COTTONWOOD COMMUNITY CORPORATION ("Plaintiff"), which led to the dismissal...

  • CAMARENA VS PAL GENERAL ENGINEERING INC [E-FILE]

    Aug 05, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) Plaintiff's Motion to Compel Defendant PAL GENERAL ENGINEERING, INC. to Provide Further Responses to Plaintiff's Requests for Production of Documents, Set One and Request for Sanctions in the Amount of $5,860; (2) Plaintiff's Motion to Compel Defendant PAL GENERAL ENGINEERING,...

  • ENDOTHELIX INC VS OBVIO HEALTH USA INC

    Aug 05, 2020 |  San Diego County

    TENTATIVE RULING: Defendant Obvio Health USA USA, Inc.'s Motion to Quash Service of Summons is GRANTED.

    After this motion was filed, the burden shifted to Plaintiff to prove the Court has jurisdiction by making at least a prima facie showing sufficient contacts with the State of California. (Flovey...

  • NORTH COUNTY COMMUNICATIONS CORPORATION VS. VAYA TELECOM INC

    Aug 05, 2020 |  San Diego County

    TENTATIVE RULING: Defendant's UNOPPOSED Motion to Amend Judgments to Include Costs of Enforcing Judgment is GRANTED.

    While Plaintiff/Judgment Debtor NORTH COUNTY COMMUNICATIONS CORPORATION ("NCC") filed an opposition, NCC's counsel's motion to be relieved as counsel was subsequently granted. NCC is...

  • JOSEPH LOPEZ VS CITY OF SAN DIEGO

    Aug 05, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) Defendant City of San Diego's Motion to Compel Plaintiff's Further Discovery Responses is GRANTED.

    Defendant City of San Diego ("City") seeks further responses from Plaintiff Joseph Lopez as to Special Interrogatories and Form Interrogatory No. 17.1. Plaintiff argues t...

  • JOSEPH LOPEZ VS CITY OF SAN DIEGO

    Aug 05, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) Defendant City of San Diego's Motion to Compel Plaintiff's Further Discovery Responses is GRANTED.

    Defendant City of San Diego ("City") seeks further responses from Plaintiff Joseph Lopez as to Special Interrogatories and Form Interrogatory No. 17.1. Plaintiff argues t...

  • JOSEPH LOPEZ VS CITY OF SAN DIEGO

    Aug 05, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) Defendant City of San Diego's Motion to Compel Plaintiff's Further Discovery Responses is GRANTED.

    Defendant City of San Diego ("City") seeks further responses from Plaintiff Joseph Lopez as to Special Interrogatories and Form Interrogatory No. 17.1. Plaintiff argues t...

  • GOMEZ V PLA-ART INTERNATIONAL INC

    Aug 05, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) Defendants' Joint and Several Motion for Judgment on the Pleadings (Accounting – 4th Cause of Action) is DENIED.

    Defendants' motion is based on the assertion there is no underlying cause of action to support a claim for an accounting.

    Even though the plaintiffs...

  • GOMEZ V PLA-ART INTERNATIONAL INC

    Aug 05, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) Defendants' Joint and Several Motion for Judgment on the Pleadings (Accounting – 4th Cause of Action) is DENIED.

    Defendants' motion is based on the assertion there is no underlying cause of action to support a claim for an accounting.

    Even though the plaintiffs...

  • KRUEGER VS HUMPHREY

    Jul 30, 2020 |  San Diego County

    TENTATIVE RULING: Plaintiff's UNOPPOSED Motion for an Order Reinstating the Captioned Case is GRANTED.

    Failure to file an opposition to the motion indicates defendants' acquiescence that the motion is meritorious. (California Rules of Court, Rule 8.54(c).)

    ...

  • DOE VS POWAY UNIFIED SCHOOL DISTRICT

    Jul 30, 2020 |  San Diego County

    TENTATIVE RULING:

    (1) POWAY UNIFIED SCHOOL DISTRICT's Demurrer to Voice of San Diego's Amended Complaint and Petition in Intervention is SUSTAINED.

    To the extent this demurrer was untimely filed, the Court may treat it as a motion for judgment on the pleadings.

    This action was comme...

  • V&C INVESTMENT LLC VS FUSION HOSPITALITY CORPORATION

    Jul 30, 2020 |  San Diego County

    TENTATIVE RULING: (1) Plaintiffs' Application for Right to Attach Order and Writ of Attachment Against Defendant Denny Bhakta and (2) Plaintiffs' Application for Right to Attach Order and Writ of Attachment Against Defendant Fusion Hospitality Corporation are GRANTED, in part. The Court must grant the atta...

  • KROZOS VS FRESENIUS HEALTH PARTNERS INC

    Jul 30, 2020 |  San Diego County

    TENTATIVE RULING: Defendants Fresenius Health Partners, Inc., Fresenius Medical Care Pharmacy Services, Inc., and San Diego Dialysis Services, Inc.'s Demurrer to First Amended Complaint is SUSTAINED without leave to amend.

    Defendants Fresenius Health Partners, Inc., Fresenius Medical Care Pharmacy ...

  • NORTH COUNTY COMMUNICATIONS CORPORATION VS. VAYA TELECOM INC

    Jul 30, 2020 |  San Diego County

    TENTATIVE RULING: North County Communications Corporation Attorney's Application to be Relieved as Counsel is DENIED, unless a proper declaration is provided to the Court. Under California Rules of Court, Rule 3.1362(d), counsel was required to file a declaration "stating facts showing that either: (A) The...

  • NORTH COUNTY COMMUNICATIONS CORPORATION VS. VAYA TELECOM INC

    Jul 30, 2020 |  San Diego County

    TENTATIVE RULING: North County Communications Corporation Attorney's Application to be Relieved as Counsel is DENIED, unless a proper declaration is provided to the Court. Under California Rules of Court, Rule 3.1362(d), counsel was required to file a declaration "stating facts showing that either: (A) The...

  • NORTH COUNTY COMMUNICATIONS CORPORATION VS. VAYA TELECOM INC

    Jul 30, 2020 |  San Diego County

    TENTATIVE RULING: North County Communications Corporation Attorney's Application to be Relieved as Counsel is DENIED, unless a proper declaration is provided to the Court. Under California Rules of Court, Rule 3.1362(d), counsel was required to file a declaration "stating facts showing that either: (A) The...

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