Recent Rulings by Hon. Robert P. Dahlquist

• LEONARD SCHOLL INDUSTRIES, INC VS SCHOLL

  Jan 07, 2021 |  San Diego County

  Defendant Leonard Marc Scholl Jr.'s motion to compel further responses to form interrogatories is denied. Each party's request for monetary sanctions is denied.

  The Court has carefully considered the papers submitted by the parties in connection with this motion. The Court denies the motion for two...

• NORTEK SECURITY & CONTROL LLC VS RADIO THERMOSTAT COMPANY OF AMERICA

  Jan 07, 2021 |  San Diego County

  Plaintiff Nortek Security & Control LLC's motions to compel further responses to written discovery and requests for monetary sanctions are granted as set forth below.

  Motion to Compel Further Response to Special Interrogatory No. 32

  At a hearing conducted on July 10, 2020, defendant Radio T...

• PAUL BUSSMANN BY AND THROUGH HIS SUCCESSOR IN INTEREST MARIA BUSSMANN VS WILSON

  Jan 07, 2021 |  San Diego County

  Defendants' demurrer (filed Oct. 22, 2020) and motion to strike (filed Oct. 22, 2020) are moot in light of the fact that plaintiff filed and served a First Amended Complaint on Dec. 23, 2020.

  ...

• WESCO INSURANCE COMPANY VS MARENTES

  Jan 07, 2021 |  San Diego County

  Plaintiff Wesco Insurance Company's unopposed motion to deem matters admitted is granted. Plaintiff propounded requests for admissions on the defendant Sergio Marentes on December 2, 2019. Aires Decl., ¶ 3. Defendant has not provided verified responses to the requests for admissions. Id. at ¶ 7.

  Th...

• YIGAEL I SPIRO AND CRISTINA M O SPIRO TRUSTEES OF THE SPIRO FAMILY TRUST UTD APRIL 30, 1996 VS LANGE LANDSCAPES INC

  Jan 07, 2021 |  San Diego County

  Defendant Lange Landscapes, Inc.'s motion for a protective order is granted, as explained below. According to plaintiffs, this lawsuit is based on the following: "Dispute over work done by landscaping company [at plaintiffs' residence]. Plaintiff alleges Defendant used non organic material on an organic ga...

• NORTEK SECURITY & CONTROL LLC VS RADIO THERMOSTAT COMPANY OF AMERICA

  Jan 07, 2021 |  San Diego County

  Plaintiff Nortek Security & Control LLC's motions to compel further responses to written discovery and requests for monetary sanctions are granted as set forth below.

  Motion to Compel Further Response to Special Interrogatory No. 32

  At a hearing conducted on July 10, 2020, defendant Radio T...

• HALL VS ACQUAVELLA

  Jan 07, 2021 |  San Diego County

  Defendants Paul W. Leehy, Gail M. Leehey, Victor Popa and Terri Popa's demurrer is overruled in part and sustained in part. Defendants shall file an answer by January 18, 2021. These defendants demur to the third cause of action for trespass and the fourth cause of action for intentional infliction of emot...

• CART MART INC VS BELLMAN

  Jan 06, 2021 |  San Diego County

  Request for Preliminary Injunction

  Plaintiff's request for a preliminary injunction is denied without prejudice. The Court is not persuaded that a preliminary injunction of the type requested by plaintiff is necessary or appropriate at this time. "In deciding whether to issue a preliminary injuncti...

• KRAMER VS SECRET LAKE OWNERS ASSOCIATION

  Dec 17, 2020 |  San Diego County

  Defendant Secret Lake Owners Association's motion for summary judgment or, in the alternative, motion for summary adjudication is denied.

  The Court rules on plaintiffs' evidentiary objections to the declaration of Terry Nelson as follows: Objection #1: overruled

  Objection #2: overruled

  ...

• MCGONIGLE VS ROSS

  Dec 17, 2020 |  San Diego County

  Defendants/cross-complainants Courtney Smith and Kirsten Ross' motion for summary judgment or summary adjudication in the alternative is denied.

  The Court rules on plaintiff's evidentiary objections (filed Dec. 4, 2020) to the declaration of Kristen Ross as follows:

  Objection #1: overrule...

• MCGONIGLE VS ROSS

  Dec 17, 2020 |  San Diego County

  Defendants/cross-complainants Courtney Smith and Kirsten Ross' motion for summary judgment or summary adjudication in the alternative is denied.

  The Court rules on plaintiff's evidentiary objections (filed Dec. 4, 2020) to the declaration of Kristen Ross as follows:

  Objection #1: overrule...

• MCANALLY VS DAWSON

  Dec 16, 2020 |  San Diego County

  Defendants Chad Dawson and Jennifer Dawson's unopposed motion for leave to file a cross-complaint is granted. The cross-complaint shall be filed and served by no later than December 28, 2020. It appears to the Court that the interests of justice will be served by permitting the cross-complaint to be filed....

• ASAP HOLDING CO VS ALILOUCHE

  Dec 16, 2020 |  San Diego County

  The Court invites the parties to appear (by telephone or video) for the hearing on plaintiff ASAP Holding Co.'s motion to compel further discovery responses.

  This is the tentative ruling for a telephonic appearance hearing at 1:30 p.m. on Friday, December 18, 2020. If no party appears telephonicall...

• S&J BUILDERS AND RESTORATION VS BERMAN

  Dec 16, 2020 |  San Diego County

  Attorney Scott D. Levine's motion to be relieved as counsel for Jacqueline Berman, trustee, successor and individually is granted, effective as of the last of the following events to occur: (1) the conclusion of the hearing on Ms. Berman's motion for summary adjudication filed on Oct. 1, 2020 (that hearing...

• SANDEL AVIONICS VS BLOCK

  Dec 16, 2020 |  San Diego County

  Attorney Juan C. Castaneda's motion to be relieved as counsel for plaintiff Sandel Avionics, Inc. is granted. Juan C. Castaneda will be relieved as counsel for Sandel Avionics upon the filing of a proof of service of the Court's signed order upon Sandel Avionics.

  Sandel Avionics, Inc. is advised of...

• SANCTUARY RETREAT PROPERTIES VS SHEKHTER

  Dec 16, 2020 |  San Diego County

  Defendants Gary Shekhter and Jean Shekhter's motion for summary adjudication is denied. The Court rules on defendants' objections to the declaration of Frederick Howe as follows: Objection #1: overruled

  Objection #2: overruled

  Objection #3: overruled

  Objection #4: overruled

  ...

• ROMERO VS. LIZARRAGA

  Dec 16, 2020 |  San Diego County

  Attorneys Jeffrey A. Dracup and David Wolff's motion to be relieved as counsel for plaintiff Ronnie Romero is granted, as counsel has met all the applicable requirements. As specified in the Court's Judicial Council form Order, David Wolff and Dracup & Patterson are relieved upon the filing of a proof of s...

• MARTINEZ VS. SAN DIEGO COUNTY CREDIT UNION

  Dec 16, 2020 |  San Diego County

  Defendant San Diego County Credit Union's unopposed motion to tax costs is granted. Plaintiff Abelardo Martinez shall recover costs totaling $1,031.69. The breakdown, by category on the memorandum of costs, is as follows:

  Item 1: $775

  Item 2: $3.84

  Item 3: $160<...

• CART MART INC VS BELLMAN

  Dec 15, 2020 |  San Diego County

  The Court, on its own motion, continues the hearing on plaintiff's request for a preliminary injunction to Thursday, Jan. 7, 2021 at 1:30 pm. The temporary restraining order issued by Judge Maas on Nov. 18, 2020 shall remain in effect until the hearing on plaintiff's request for a preliminary injunction. I...

• ROMAN VS TRI CITY MEDICAL CENTER

  Dec 10, 2020 |  San Diego County

  Defendant Tri-City Healthcare District's demurrer is sustained with leave to amend. Defendant's motion to strike is granted pursuant to Government Code § 818.

  The demurrer is sustained because plaintiff's complaint fails to allege compliance with the claim presentation requirement under the Governm...

• TRACY MAYO VS. MARIA MAYO SCHLAUCH

  Dec 10, 2020 |  San Diego County

  Plaintiff Tracy Mayo's motion for a protective order is denied.

  As a general matter, it is often beneficial in these types of cases to have a generic protective order available for the parties to be able to designate certain information as confidential, and limiting the use and disclosure of confid...

• BOYLE PHD VS TROMPOLINO INC

  Dec 10, 2020 |  San Diego County

  Defendant Beach Village Life 1, LLC's motion to expunge lis pendens is granted. The Court overrules defendant's evidentiary objections to the declaration of Christopher Boyle. On a motion for expungement of a lis pendens, the burden of proof is on the party opposing the motion to expunge. CCP § 405.30. Exp...

• J.T. VS RENU HOPE FOUNDATION

  Dec 10, 2020 |  San Diego County

  Defendant Renu Hope Foundation's motion for protective order and evidentiary, monetary or terminating sanctions is denied.

  Defendant requests that the Court: (1) issue a protective order requiring J.T. to remove social media posts related to this litigation, precluding J.T. from using social media ...

• LEAF CAPITAL FUNDING LLC VS PELLETIER

  Dec 10, 2020 |  San Diego County

  Specially Appearing cross-defendant Real Estate Holdings, LLC's (REH) motion to quash service of summons is granted.

  The Court has carefully considered the arguments and authorities cited by the parties. The Court is not persuaded that REH's contacts with California are sufficient to establish gene...

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