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Jan 07, 2021 San Diego County
Attorney Jacqueline F. Stein/Fredrickson, Mazeika & Grant LLP's unopposed motion to be relieved as counsel for Defendant GSW Flooring, Inc. is GRANTED. CCP § 284. The court modifies and signs the form order. The withdrawal will be effective as of the date of the filing of a proof of service with the court ...
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Jan 07, 2021 San Diego County
Defendants Pietro Gallo and Dario Gallo's motion to strike portions of Plaintiff's complaint is DENIED. The court finds Defendants fail to the establish the allegations of ¶ 17 as "irrelevant, false, or improper." CCP § 436. The evidentiary issues the parties raise are not properly resolved on demurrer. Fo...
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Jan 07, 2021 San Diego County
The hearing on Petitioner Dixie L. Gomez's petition for writ of mandate is off calendar. There is no proof of service showing service of the petition, and notice of the hearing date on respondent. The OSC – Why Case Should Not be Dismissed remains on calendar for hearing on January 8, 2021 at 8:30am.
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Jan 07, 2021 San Diego County
Defendant Doe 50's motion to compel the depositions of Plaintiffs Jane Roe 1 and Jane Roe 2 is GRANTED.
Based on the papers submitted, it appears Plaintiffs do not oppose having their depositions taken. The dispute is as to the timing of the depositions – Doe 50 seeks to set the depositions "on dat...
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Jan 07, 2021 San Diego County
Attorney Randal C. Leavitt/Law Offices of Randal C. Leavitt's motion to be relieved as counsel for Defendant Chad Epperson is GRANTED. CCP § 284. The court modifies and signs the form order. The withdrawal will be effective as of the date of the filing of a proof of service with the court showing that a co...
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Jan 07, 2021 San Diego County
Attorney Travis M. Bray/Navigato & Battin, LLP's unopposed motion to be relieved as counsel for Defendant James Banuelos is GRANTED. CCP § 284. The court modifies and signs the form order. The withdrawal will be effective as of the date of the filing of a proof of service with the court showing that a copy...
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Jan 07, 2021 San Diego County
Defendants Venture Fit, LLC and Jeff Clark's motion to compel Plaintiff Rafael Martinez's answers to Special Interrogatories, Set No. One [ROA 209] is GRANTED. CCP § 2030.290(b). The court orders Plaintiff Rafael Martinez to serve responses, without objection, within 10 days of this ruling. Defendants' req...
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Jan 07, 2021 San Diego County
The court addresses the evidentiary issues. Petitioner's request for judicial notice is GRANTED as to Petitioner's exhibits 2, 3 and 4 to the Petition and DENIED as to exhibits 9, 10 and 11. Respondent San Diego Housing Commission's request for judicial notice is GRANTED. SDHC evidentiary objections to Pet...
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Dec 18, 2020 San Diego County
Defendant Thomas Schwiebert's demurrer to Plaintiffs' complaint in Levin is SUSTAINED in part and OVERRULED in part.
Aiding and Abetting, And Conspiracy to Commit, Fraud
Schwiebert's demurrer is OVERRULED.
Although Schwiebert demurrers to a fraud cause of action, as pled, the compla...
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Dec 18, 2020 San Diego County
The court addresses the evidentiary issues. Defendants Chicago Title Company and Chicago Title Insurance Company's request for judicial notice is GRANTED. Plaintiffs Ovation Finance Holdings 2 LLC; Ovation Fund Management II, LLC and Banc of California N.A.'s request for judicial notice is GRANTED. The Wak...
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Dec 17, 2020 San Diego County
The court rules as follows on Defendant Chase Airport Management, Inc.'s demurrer to Plaintiffs' second amended complaint.
A review of the court file shows that there is no second amended complaint on file with this court. The operative pleading on file in this court is Plaintiffs' First Amended Co...
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Dec 17, 2020 San Diego County
Plaintiff's motion for final approval of class action settlement is GRANTED. Applying the factors set forth in Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1796, 1801, the court finds that Plaintiff meets his burden of showing that the settlement, in the total gross monetary amount of $500,000.00, is fair,...
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Dec 14, 2020 San Diego County
Petitioner J.G. Wentworth Originations, LLC's petition for approval for transfer of payment rights by and between Joseph McMackin, as Administrator of the Estate of Nicole Laura Ford and J.G. Wentworth Originations, LLC is GRANTED. Insurance Code § 10134, et seq.
Via the Structured Settlement Payme...
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Dec 10, 2020 San Diego County
Defendants Secured Capital Limited Partnership and El Dorado Properties, Inc.'s motion for attorneys' fees is GRANTED. CC § 1717.
Following entry of judgment in favor of Defendants, the court finds Defendants are the prevailing party for purposes of the award of CC § 1717 attorneys' fees.
A...
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Dec 10, 2020 San Diego County
Plaintiff's motion for preliminary approval of class action settlement is GRANTED. Applying the factors set forth in Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1796, 1801, the court makes a preliminary finding that Plaintiff meets his burden of showing that the settlement is fair, adequate and reasonable...
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Dec 10, 2020 San Diego County
Plaintiffs' unopposed motion for leave to file a third amended complaint is GRANTED. CCP § 473(a). Plaintiffs shall file and serve their Third Amended Complaint within 10 days of this ruling. The court cannot deem the proposed third Amended Complaint filed and served because the proposed pleading was filed...
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Dec 10, 2020 San Diego County
Plaintiff Pacific Terrace Owners Association's demurrer to Defendant Edward Forrester's answer is SUSTAINED WITH LEAVE TO AMEND.
The court finds, as pled, the answer filed by Forrester [ROA 23] is uncertain and fails to state facts sufficient to constitute a defense. CCP § 430.20. Although there ar...
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Dec 10, 2020 San Diego County
Attorney Randal C. Leavitt/Law Offices of Randal C. Leavitt's motion to be relieved as counsel for Defendant Chad Epperson is DENIED for failure to comply with the service requirements of California Rules of Court, Rule 3.1362(d). There is no proof of service showing service of the proposed Order.
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Dec 10, 2020 San Diego County
Plaintiffs/Cross-Defendants House to Home Remodeling and Design, Inc. and Wesco Insurance Company's motion to strike claim from punitive damages from the cross-complaint if Defendant/Cross-Complainant Susan Williams Zellers is GRANTED as to the Negligent Misrepresentation cause of action and GRANTED WITH L...
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Dec 10, 2020 San Diego County
Plaintiff Hector Rubio's motion to withdraw deemed admissions is CONDITIONALLY GRANTED. CCP § 2033.300.
Pursuant to CCP § 2033.300
(a) A party may withdraw or amend an admission made in response to a request for admission only on leave of court granted after notice to all parties.
(...
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Dec 10, 2020 San Diego County
Defendant/Cross-Defendant/Cross-Complainant Elephant Play, Defendant/Cross-Defendant/Cross-Complainant County of San Diego, Defendant/Cross-Defendant Schmidt Design Group, Inc., Cross-Defendant/Cross-Complainant Tot Lot Pros, Inc.'s motion for determination of good faith settlement is GRANTED. CCP § 877.6....
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Dec 10, 2020 San Diego County
The court addresses the evidentiary issues. Defendants Vortex Maintenance, Inc. and Sergio Elizarraras' request for judicial notice is GRANTED. Defendants' objections to Plaintiff's undisputed material fact evidence are OVERRULED. Defendants' evidentiary objections are all OVERRULED for failure to comply w...
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Dec 03, 2020 San Diego County
The court rules as follows on Defendants Angeles M. Tubao and Germiniano F. Tubao's motion for summary judgment/summary adjudication.
Based on the evidence and arguments presented by both sides, a significant issue in this case will be whether the Tubaos had any knowledge of any prior fires at the ...
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Dec 03, 2020 San Diego County
Plaintiff's motion to compel further responses to Request for Production of Documents, Set One, propounded on Defendant ELM Holdings, LLC dba La Mesa Healthcare Center is GRANTED. CCP § 2030.300(a).
Addressing an issue Defendant raises in opposition, considering the circumstances, the court finds P...