Recent Rulings by Hon. Richard S. Whitney

• AMERICAN EXPRESS NATIONAL BANK VS SERGIO MARTELL

  Jan 06, 2021 |  San Diego County

  TENTATIVE RULING: Plaintiff's UNOPPOSED Motion for Order Vacating Dismissal and Entering Judgment Against Defendant Pursuant to C.C.P. § 664.6 is GRANTED.

  Failure to file opposition to the motion indicates Defendant's acquiescence that the motion is meritorious. (California Rules of Court, Rule 8.5...

• BIRD RIDES INC VS TALON AUTO ADJUSTERS

  Jan 06, 2021 |  San Diego County

  TENTATIVE RULING: Plaintiff Bird Rides Inc.'s MOTION TO COMPEL FURTHER RESPONSES TO DEFENDANTS' FIRST SET OF REQUESTS FOR PRODUCTION AND SPECIAL INTERROGATORIES is GRANTED.

  Plaintiff has agreed to allow Defendants until January 17, 2021, to provide supplemental responses. Rather than continue the h...

• HARSCH INVESTMENT CORP VS ISERVE RESIDENTIAL LENDING LLC [E-FILE]

  Jan 06, 2021 |  San Diego County

  TENTATIVE RULING: DEFENDANT STATE OF CALIFORNIA AND NICHOLAS MADUROS'

  DEMURRER TO THE FIRST AMENDED COMPLAINT ("FAC") is SUSTAINED.

  Plaintiff iServe Residential Lending, LLC ("Plaintiff") attempted to dismiss Defendant Nicholas Maduros from its FAC, making the demurrer moot as to Defendant ...

• SUNSHINE STRATEGY LLC VS JP WITHEROW ROOFING COMPANY

  Jan 06, 2021 |  San Diego County

  TENTATIVE RULING:

  (1) PLAINTIFF'S MOTION TO COMPEL RESPONSES TO DISCOVERY REQUESTS AND

  PRODUCTION OF CORRESPONDING DOCUMENTS is GRANTED.

  The motion is almost entirely moot as Defendant DOUGLAS BARRY has provided responses. Based on all of the circumstances, the Court declines to awa...

• GALLO VS THE MEN'S LEGAL CENTER [E-FILE]

  Jan 06, 2021 |  San Diego County

  TENTATIVE RULING:

  (1) DEFENDANT MEN'S LEGAL CENTER's MOTION TO COMPEL RESPONSES TO MEN'S LEGAL CENTER'S DEMAND FOR INSPECTION is GRANTED.

  Plaintiff acknowledges further responses should have been provided earlier. Plaintiff's new counsel has provided responses. The motion to compel is moot,...

• CHAVEZ VS HABITAT RESTORATION SERVICES INC [E-FILE]

  Jan 06, 2021 |  San Diego County

  TENTATIVE RULING: MOTION FOR FINAL APPROVAL OF JOINT STIPULATION OF CLASS ACTION SETTLEMENT AND RELEASE OF CLAIMS is GRANTED.

  The Court will adopt as its own the proposed order filed on December 21, 2020. A copy of the executed order will be available for counsel to pick-up after Wednesday, January...

• ARTURO VEGA VS. SCOOBEEZ [E-FILE]

  Dec 17, 2020 |  San Diego County

  TENTATIVE RULING: PLAINTIFFS ARTURO VEGA, UNTA KEY, AND MARWAN GRIFFIN'S MOTION FOR PRELIMINARY APPROVAL OF CLASS AND PAGA REPRESENTATIVE ACTION SETTLEMENT is GRANTED.

  The Court will adopt as its own the proposed order filed on October 30, 2020, with the following modifications: the hearing was hel...

• LITTERPURRFECT LP VS THE WATKINS FIRM

  Dec 17, 2020 |  San Diego County

  TENTATIVE RULING: LITTERPURRFECT, LP'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT is GRANTED.

  The policy permitting amendment is strong, but amendment may be rejected where there is a showing of prejudice or unfair surprise. (Mesler v. Bragg Management Co. (1985) 39 Cal.3d 290, 296–297.) Unw...

• ELSNER VS. SAN DIEGO GAS AND ELECTRIC COMPANY

  Dec 17, 2020 |  San Diego County

  TENTATIVE RULING: DEFENDANT SAN DIEGO GAS & ELECTRIC COMPANY'S MOTION FOR AN ORDER TO PERMIT COPYING OF THE INVESTIGATION AND AUTOPSY PHOTOGRAPHS FROM THE MEDICAL EXAMINER'S OFFICE IN THE DEATH OF ROHN ELSNER is GRANTED.

  Failure to file opposition to the motion indicates the other parties' acquiesc...

• FIRST SAN DIEGO CO INC VS. BRITVAR

  Dec 17, 2020 |  San Diego County

  TENTATIVE RULINGS:

  (1) DEFENDANT PAUL BRITVAR'S ("BRITVAR") MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION is GRANTED.

  Plaintiff, whose principal is Catherine Strada, acknowledges this case is "mainly" an action for breach of a property management contract. Pla...

• LITTERPURRFECT LP VS THE WATKINS FIRM

  Dec 17, 2020 |  San Diego County

  TENTATIVE RULING: LITTERPURRFECT, LP'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT is GRANTED.

  The policy permitting amendment is strong, but amendment may be rejected where there is a showing of prejudice or unfair surprise. (Mesler v. Bragg Management Co. (1985) 39 Cal.3d 290, 296–297.) Unw...

• JOSEPH LOPEZ VS CITY OF SAN DIEGO

  Dec 17, 2020 |  San Diego County

  TENTATIVE RULINGS:

  (1) PLAINTIFFS' MOTION TO COMPEL THE DEPOSITION OF THE PERSON MOST QUALIFIED AT THE CITY OF SAN DIEGO ("City") AND FOR THE PRODUCTION OF DOCUMENTS is GRANTED. Plaintiffs' do not dispute that if the topics of the noticed deposition overlap with the prior notice, then their motion ...

• FIRST SAN DIEGO CO INC VS. BRITVAR

  Dec 17, 2020 |  San Diego County

  TENTATIVE RULINGS:

  (1) DEFENDANT PAUL BRITVAR'S ("BRITVAR") MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION is GRANTED.

  Plaintiff, whose principal is Catherine Strada, acknowledges this case is "mainly" an action for breach of a property management contract. Pla...

• GOMEZ V PLA-ART INTERNATIONAL INC

  Dec 10, 2020 |  San Diego County

  TENTATIVE RULING: DEFENDANTS' JOINT AND SEVERAL MOTION FOR SUMMARY

  ADJUDICATION AS TO THE TWELFTH CAUSE OF ACTION OF PLAINTIFFS' FOURTH AMENDED COMPLAINT is GRANTED.

  "Laches is an equitable time limitation on a party's right to bring suit, resting on the maxim that "equity aids the vigilant...

• TZOVINAR BABOUCHIAN VS. SOLEIL COMMUNICATIONS INC [E-FILE]

  Dec 10, 2020 |  San Diego County

  TENTATIVE RULING: Plaintiffs' MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND FOR AN ORDER: (1) PRELIMINARILY APPROVING CLASS ACTION

  SETTLEMENT; (2) DIRECTING DISTRIBUTION OF NOTICE OF SETTLEMENT; AND (3) SETTING A HEARING FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT is GRANTED.

  ...

• KORECKI VS KEYROCK INVESTMENTS LLC

  Dec 10, 2020 |  San Diego County

  TENTATIVE RULING: PLAINTIFF BETH KORECKI'S MOTION FOR AN ORDER COMPELLING RESPONSES TO DISCOVERY (FOR FAILURE TO RESPOND) FROM DEFENDANTS KEYROCK INVESTMENTS, LLC, JUAN SERRANO, AND JULIO FIRUEROA; DEEM MATTERS ADMITTED; REQUEST FOR SANCTIONS AND ATTORNEYS FEES IN THE AMOUNT OF $1,432.50 FROM DEFENDANTS KE...

• KORECKI VS KEYROCK INVESTMENTS LLC

  Dec 10, 2020 |  San Diego County

  TENTATIVE RULING: PLAINTIFF BETH KORECKI'S MOTION FOR AN ORDER COMPELLING RESPONSES TO DISCOVERY (FOR FAILURE TO RESPOND) FROM DEFENDANTS KEYROCK INVESTMENTS, LLC, JUAN SERRANO, AND JULIO FIRUEROA; DEEM MATTERS ADMITTED; REQUEST FOR SANCTIONS AND ATTORNEYS FEES IN THE AMOUNT OF $1,432.50 FROM DEFENDANTS KE...

• ENCHEV VS VOLKSWAGEN GROUP OF AMERICA INC

  Dec 10, 2020 |  San Diego County

  TENTATIVE RULING: DEFENDANT VOLKSWAGEN GROUP OF AMERICA, INC.'S MOTION TO COMPEL PLAINTIFF'S REMOTE DEPOSITION BY JANUARY 15, 2021, OR ON A DATE THAT THE COURT OTHERWISE DEEMS APPROPRIATE; REQUEST FOR SANCTIONS AGAINST PLAINTIFF AND HIS COUNSEL IN THE AMOUNT OF $2,440.00 is MOOT.

  The motion is moot...

• CFG CARLSBAD LP VS. NIMA ARABANI

  Dec 10, 2020 |  San Diego County

  TENTATIVE RULING: Plaintiff's Motion for Leave to File Third Amended Complaint is GRANTED. The policy permitting amendment is strong, but amendment may be rejected where there is a showing of prejudice or unfair surprise. (Mesler v. Bragg Management Co. (1985) 39 Cal.3d 290, 296–297.) Unwarranted delay may...

• TRAILER PARK AFTER DARK INC VS NANCI

  Dec 10, 2020 |  San Diego County

  TENTATIVE RULING: Defendant's Motion for Stay of Proceedings is GRANTED. Defendant seeks to stay this matter pending the dissolution matter in family law court. "Under the rule of exclusive concurrent jurisdiction, 'when two [California] superior courts have concurrent jurisdiction over the subject matter ...

• CORBIN VS OAK FURNITURE WEST LLC

  Dec 10, 2020 |  San Diego County

  TENTATIVE RULING: DEFENDANT AND CROSS-COMPLAINANT OAK FURNITURE WEST, LLC'S MOTION TO COMPEL PLAINTIFF AND CROSS-DEFENDANT'S FURTHER RESPONSE TO

  REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE; REQUEST FOR SANCTIONS is GRANTED, in part.

  DEFENDANT AND CROSS-COMPLAINANT OAK FURNITURE WEST, LLC (...

• DOWNES VS BEACH HOUSE GRILL

  Dec 10, 2020 |  San Diego County

  Plaintiff's motion is off calendar. No papers were filed. Failure to notify the clerk that a matter should be taken off calendar is a violation of the Local Rules, and may give rise to an OSC re Sanctions. See L.R. 2.1.20.

  ...

• QUINLAN VS ALLSTATE INSURANCE COMPANY

  Dec 10, 2020 |  San Diego County

  TENTATIVE RULING: DEFENDANT ALLSTATE INSURANCE COMPANY'S MOTION FOR SUMMARY JUDGMENT is GRANTED.

  Defendant Allstate Insurance Company ("Allstate") moves for summary judgment based on a contractual limitation period within its policy with Plaintiff. It is undi...

• DREAM MAKER BUILDERS INC VS FIELD

  Dec 10, 2020 |  San Diego County

  TENTATIVE RULING:

  (1) DREAM MAKER BUILDERS, INC. dba DREAM DESIGN BUILDERS' MOTION TO COMPEL VALERIE FIELD'S RESPONSES TO SPECIAL INTERROGATORIES, SET TWO; REQUEST FOR MONETARY SANCTIONS AGAINST VALERIE FIELD, (2) DREAM MAKER BUILDERS, INC. dba DREAM DESIGN BUILDERS' MOTION TO COMPEL VALERIE FIELD'...

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