The Honorable Timothy M. Casserly

San Diego County Superior Court, Department NC-31

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Biography

The Hon. Timothy M. Casserly is a judge for the Superior Court of San Diego County in California.

Casserly earned his J.D. from the University of San Diego School of Law.

He began his legal career as a deputy district attorney in the Office of the District Attorney of Sacramento County in 1981. Then, in 1986, he moved to the Office of the District Attorney of San Diego County, where he served as a deputy district attorney until his appointment to the bench in 1996.

Recent Rulings by Hon. Timothy M. Casserly

  • GREEN TECH KITCHENS INC. VS KAFADER

    Jun 29, 2020 |  San Diego County

    The Motion for Determination of Good Faith Settlement brought by defendants Robert and Alex Kafader (collectively, the Kafaders) is GRANTED. The motion is unopposed. Failure to file and/or serve an opposition constitutes an admission that a motion is meritorious. (Rooney v. Vermont Inv. Corp. (1973) 10 Cal...

  • POLLOCK VS MACDONALD

    Mar 12, 2020 |  San Diego County

    The Motion for Summary Judgment brought by plaintiff/cross-defendant David Pollock is DENIED. The Motion for Summary Adjudication brought by plaintiff/cross-defendant David Pollock is disposed as follows:

    --First Cause of Action (Declaratory Relief) – DENIED

    --Second Cause of Action (Breach...

  • SPARBER ANNEN MORRIS & GABRIEL VS SPARBER

    Mar 12, 2020 |  San Diego County

    No tentative ruling to be posted for the appearance hearing on Friday, March 13, 2020 at 1:30 p.m.

    ...

  • ESPERANZA PRATT VS SOUICE

    Mar 12, 2020 |  San Diego County

    The Motion for Relief from Default brought by defendant Lorraine Souice (Defendant) is GRANTED. For administrative purposes, Defendant will need to file a clean copy of the proposed General Denial with the Court's civil business office. Defendant shall have 10 days to do so. The clerk is DIRECTED to strike...

  • DURHAM VS SUSTAINABLE MATERIALS CORP

    Mar 12, 2020 |  San Diego County

    The Motion for Terminating Sanctions and to Enter Defaults brought by plaintiffs John, Joann, and Robert Durham (collectively, Plaintiffs) is:

    --GRANTED as to the request to for a terminating sanctions, but

    --DENIED on procedural grounds as to entry of default.

    As to terminating san...

  • MORIMOTO V. BMW OF NORTH AMERICA LLC

    Mar 12, 2020 |  San Diego County

    The Motion for Attorney Fees brought by plaintiff Stacey Morimoto (Plaintiff) is GRANTED in part, but reduced as follows:

    $96,947.85 (total amount requested by Plaintiff)

    -$12,188.85 (amount reduced by removing Plaintiff's proposed 0.15 multiplier enhancement) -$4,455.00 (amount reduced fo...

  • MASSON AND ASSOCIATES VS EPSTEIN

    Mar 12, 2020 |  San Diego County

    The Motion for Relief from Default brought by defendants Rancho Vista Homes 2018, LLC (Rancho Vista) and David Epstein (Epstein) is GRANTED.

    The clerk is DIRECTED to strike (1) the entry of default as to Epstein (ROA 10), (2) the entry of default as to Rancho Vista (ROA 11), and (3) the Judgment (R...

  • SPARBER ANNEN MORRIS & GABRIEL VS SPARBER

    Mar 12, 2020 |  San Diego County

    No tentative ruling to be posted for the appearance hearing on Friday, March 13, 2020 at 1:30 p.m.

    ...

  • PAWNEE LEASING CORPORATION V. MISSION POINT LLC

    Mar 12, 2020 |  San Diego County

    The Motion for Order Fixing Costs of Enforcement of Judgment brought by plaintiff Pawnee Leasing Corporation is GRANTED in the amount of $4,923.38.

    This is the tentative ruling for an appearance hearing on Friday, March 13, 2020 at 1:30 p.m. If no party appears at the hearing, this tentative ruling...

  • ESPERANZA PRATT VS SOUICE

    Mar 12, 2020 |  San Diego County

    The Motion for Relief from Default brought by defendant Lorraine Souice (Defendant) is GRANTED. For administrative purposes, Defendant will need to file a clean copy of the proposed General Denial with the Court's civil business office. Defendant shall have 10 days to do so. The clerk is DIRECTED to strike...

  • POLLOCK VS MACDONALD

    Mar 12, 2020 |  San Diego County

    The Motion for Summary Judgment brought by plaintiff/cross-defendant David Pollock is DENIED. The Motion for Summary Adjudication brought by plaintiff/cross-defendant David Pollock is disposed as follows:

    --First Cause of Action (Declaratory Relief) – DENIED

    --Second Cause of Action (Breach...

  • NEXTGEN HEALTHCARE INFORMATION SYSTEMS VS MARTIN DOUGLAS WILSON TRUSTEE

    Mar 12, 2020 |  San Diego County

    The Demurrer to First Amended Complaint brought by defendants Martin and Carol Wilson (presumably in their capacities as trustees) is disposed as follows:

    --First Cause of Action (Breach of Written Lease) – OVERRULED

    --Second Cause of Action (Declaratory Relief – Valid Sublease) – OVERRULED...

  • CAMERON T. NEVINS VS VAN ORDEN

    Mar 04, 2020 |  San Diego County

    The Demurrer to First Amended Verified Complaint brought by defendant Timothy Hipps is disposed as follows:

    --Second Cause of Action (Breach of Contract) – OVERRULED

    --Fourth Cause of Action (Breach of the Implied Covenant of Good Faith and Fair Dealing) – OVERRULED

    --Sixth Cause of...

  • SALAS VS GUSTAVO

    Mar 04, 2020 |  San Diego County

    The Motion for Relief From Judgment brought by plaintiffs/cross-defendants Mauro Salas and Soledad Gaytan (collectively, Plaintiffs) is DENIED.

    Background

    This is a business dispute concerning the ownership of a restaurant, Alfredo's Mexican Food, which is located in Oceanside, CA. Accordin...

  • ALAN P HEIM VS. JOSEPH THOMAS LEMKEN

    Mar 04, 2020 |  San Diego County

    The Motion to Enforce Settlement Agreement brought by plaintiffs Alan P. Heim, Trustee; Theresa M. Heim, Trustee; Kishor Gundrania, Trustee; Surekha Gundrania, Trustee; William Edasi, Trustee; and Margaret Edasi, Trustee (collectively, Plaintiffs) is DENIED. The request for attorney fees is DENIED. The Cle...

  • LOONEY VS. FORRESTER

    Feb 27, 2020 |  San Diego County

    The Motion to Be Relieved as Counsel brought by Attorney Richard L. Boyer of the Law Office of Richard L. Boyer (Attorney Boyer) as to client Edward Forrester is GRANTED. The Motion to Be Relieved as Counsel brought by Attorney Boyer as to client ENL Investments, L.L.C. is GRANTED.

    The declarations...

  • VIASAT VS ACACIA COMMUNICATIONS

    Feb 27, 2020 |  San Diego County

    The Motion to Stay Proceedings brought by defendant Acacia Communications, Inc. (Acacia) is GRANTED. As the related case of ViaSat, Inc. v. Acacia Communications, Inc. (San Diego Superior Court Case No. 16-02323) (the Prior Action) is assigned to this Court, and as this Court is readily familiar with the e...

  • WILLIAM GERBER VS CLARK

    Feb 27, 2020 |  San Diego County

    The Motion for Preliminary Injunction brought by plaintiff William Joseph Gerber (Plaintiff) is DENIED. Background

    This case involves a dispute over the custody of a dog after a breakup. The plaintiff is William Joseph Gerber. The defendant is Melody Clark (Defendant). While they were dating, Plain...

  • TALEFF VS. TALEFF

    Feb 27, 2020 |  San Diego County

    The Motion to Dismiss brought by defendant Marcia Lynn Sattgast Taleff (Defendant) is GRANTED. The matter has been properly noticed, with proof of service on file. The motion is unopposed. Failure to file and/or serve an opposition constitutes an admission that a motion is meritorious. (Rooney v. Vermont I...

  • VERONIKA STIPKOVITS VS SZATHMARY

    Feb 27, 2020 |  San Diego County

    The Motion for Judgment on the Pleadings brought by defendant Susan Szathmary (Defendant or Doctor Szathmary) is GRANTED in its entirety with leave to amend. Plaintiff Veronika Stipkovits (Plaintiff) shall have 10 days leave to amend.

    On the Court's own motion, the clerk is DIRECTED to strike the F...

  • CARI SMELAN VS ZIMNOWODZKI

    Feb 27, 2020 |  San Diego County

    The Anti-SLAPP Motion to Strike Plaintiff's Complaint brought by defendants Simon and Lisa Zimnowodzki (collectively, Defendants or the Grandparents) is DENIED. Defendants shall have 10 days to answer or otherwise plead.

    The Request for Judicial Notice brought by Defendants is GRANTED pursuant to E...

  • LOONEY VS. FORRESTER

    Feb 27, 2020 |  San Diego County

    The Motion to Be Relieved as Counsel brought by Attorney Richard L. Boyer of the Law Office of Richard L. Boyer (Attorney Boyer) as to client Edward Forrester is GRANTED. The Motion to Be Relieved as Counsel brought by Attorney Boyer as to client ENL Investments, L.L.C. is GRANTED.

    The declarations...

  • MEHRARA VS PETERSON

    Feb 27, 2020 |  San Diego County

    The Motion for Order Setting Aside Default Based on Defective Notice and Lack of Actual Notice brought by defendant Cynthia Peterson (Defendant) is GRANTED. For administrative purposes, Defendant will need to file a clean copy of her proposed Answer to Complaint with the Court's Civil Business Office. Defe...

  • CARI SMELAN VS ZIMNOWODZKI

    Feb 27, 2020 |  San Diego County

    The Anti-SLAPP Motion to Strike Plaintiff's Complaint brought by defendants Simon and Lisa Zimnowodzki (collectively, Defendants or the Grandparents) is DENIED. Defendants shall have 10 days to answer or otherwise plead.

    The Request for Judicial Notice brought by Defendants is GRANTED pursuant to E...

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Recent Rulings by Hon. Timothy M. Casserly

  • GREEN TECH KITCHENS INC. VS KAFADER

    Jun 29, 2020 |  San Diego County

    The Motion for Determination of Good Faith Settlement brought by defendants Robert and Alex Kafader (collectively, the Kafaders) is GRANTED. The motion is unopposed. Failure to file and/or serve an opposition constitutes an admission that a motion is meritorious. (Rooney v. Vermont Inv. Corp. (1973) 10 Cal...

  • POLLOCK VS MACDONALD

    Mar 12, 2020 |  San Diego County

    The Motion for Summary Judgment brought by plaintiff/cross-defendant David Pollock is DENIED. The Motion for Summary Adjudication brought by plaintiff/cross-defendant David Pollock is disposed as follows:

    --First Cause of Action (Declaratory Relief) – DENIED

    --Second Cause of Action (Breach...

  • SPARBER ANNEN MORRIS & GABRIEL VS SPARBER

    Mar 12, 2020 |  San Diego County

    No tentative ruling to be posted for the appearance hearing on Friday, March 13, 2020 at 1:30 p.m.

    ...

  • ESPERANZA PRATT VS SOUICE

    Mar 12, 2020 |  San Diego County

    The Motion for Relief from Default brought by defendant Lorraine Souice (Defendant) is GRANTED. For administrative purposes, Defendant will need to file a clean copy of the proposed General Denial with the Court's civil business office. Defendant shall have 10 days to do so. The clerk is DIRECTED to strike...

  • DURHAM VS SUSTAINABLE MATERIALS CORP

    Mar 12, 2020 |  San Diego County

    The Motion for Terminating Sanctions and to Enter Defaults brought by plaintiffs John, Joann, and Robert Durham (collectively, Plaintiffs) is:

    --GRANTED as to the request to for a terminating sanctions, but

    --DENIED on procedural grounds as to entry of default.

    As to terminating san...

  • MORIMOTO V. BMW OF NORTH AMERICA LLC

    Mar 12, 2020 |  San Diego County

    The Motion for Attorney Fees brought by plaintiff Stacey Morimoto (Plaintiff) is GRANTED in part, but reduced as follows:

    $96,947.85 (total amount requested by Plaintiff)

    -$12,188.85 (amount reduced by removing Plaintiff's proposed 0.15 multiplier enhancement) -$4,455.00 (amount reduced fo...

  • MASSON AND ASSOCIATES VS EPSTEIN

    Mar 12, 2020 |  San Diego County

    The Motion for Relief from Default brought by defendants Rancho Vista Homes 2018, LLC (Rancho Vista) and David Epstein (Epstein) is GRANTED.

    The clerk is DIRECTED to strike (1) the entry of default as to Epstein (ROA 10), (2) the entry of default as to Rancho Vista (ROA 11), and (3) the Judgment (R...

  • SPARBER ANNEN MORRIS & GABRIEL VS SPARBER

    Mar 12, 2020 |  San Diego County

    No tentative ruling to be posted for the appearance hearing on Friday, March 13, 2020 at 1:30 p.m.

    ...

  • PAWNEE LEASING CORPORATION V. MISSION POINT LLC

    Mar 12, 2020 |  San Diego County

    The Motion for Order Fixing Costs of Enforcement of Judgment brought by plaintiff Pawnee Leasing Corporation is GRANTED in the amount of $4,923.38.

    This is the tentative ruling for an appearance hearing on Friday, March 13, 2020 at 1:30 p.m. If no party appears at the hearing, this tentative ruling...

  • ESPERANZA PRATT VS SOUICE

    Mar 12, 2020 |  San Diego County

    The Motion for Relief from Default brought by defendant Lorraine Souice (Defendant) is GRANTED. For administrative purposes, Defendant will need to file a clean copy of the proposed General Denial with the Court's civil business office. Defendant shall have 10 days to do so. The clerk is DIRECTED to strike...

  • POLLOCK VS MACDONALD

    Mar 12, 2020 |  San Diego County

    The Motion for Summary Judgment brought by plaintiff/cross-defendant David Pollock is DENIED. The Motion for Summary Adjudication brought by plaintiff/cross-defendant David Pollock is disposed as follows:

    --First Cause of Action (Declaratory Relief) – DENIED

    --Second Cause of Action (Breach...

  • NEXTGEN HEALTHCARE INFORMATION SYSTEMS VS MARTIN DOUGLAS WILSON TRUSTEE

    Mar 12, 2020 |  San Diego County

    The Demurrer to First Amended Complaint brought by defendants Martin and Carol Wilson (presumably in their capacities as trustees) is disposed as follows:

    --First Cause of Action (Breach of Written Lease) – OVERRULED

    --Second Cause of Action (Declaratory Relief – Valid Sublease) – OVERRULED...

  • CAMERON T. NEVINS VS VAN ORDEN

    Mar 04, 2020 |  San Diego County

    The Demurrer to First Amended Verified Complaint brought by defendant Timothy Hipps is disposed as follows:

    --Second Cause of Action (Breach of Contract) – OVERRULED

    --Fourth Cause of Action (Breach of the Implied Covenant of Good Faith and Fair Dealing) – OVERRULED

    --Sixth Cause of...

  • SALAS VS GUSTAVO

    Mar 04, 2020 |  San Diego County

    The Motion for Relief From Judgment brought by plaintiffs/cross-defendants Mauro Salas and Soledad Gaytan (collectively, Plaintiffs) is DENIED.

    Background

    This is a business dispute concerning the ownership of a restaurant, Alfredo's Mexican Food, which is located in Oceanside, CA. Accordin...

  • ALAN P HEIM VS. JOSEPH THOMAS LEMKEN

    Mar 04, 2020 |  San Diego County

    The Motion to Enforce Settlement Agreement brought by plaintiffs Alan P. Heim, Trustee; Theresa M. Heim, Trustee; Kishor Gundrania, Trustee; Surekha Gundrania, Trustee; William Edasi, Trustee; and Margaret Edasi, Trustee (collectively, Plaintiffs) is DENIED. The request for attorney fees is DENIED. The Cle...

  • LOONEY VS. FORRESTER

    Feb 27, 2020 |  San Diego County

    The Motion to Be Relieved as Counsel brought by Attorney Richard L. Boyer of the Law Office of Richard L. Boyer (Attorney Boyer) as to client Edward Forrester is GRANTED. The Motion to Be Relieved as Counsel brought by Attorney Boyer as to client ENL Investments, L.L.C. is GRANTED.

    The declarations...

  • VIASAT VS ACACIA COMMUNICATIONS

    Feb 27, 2020 |  San Diego County

    The Motion to Stay Proceedings brought by defendant Acacia Communications, Inc. (Acacia) is GRANTED. As the related case of ViaSat, Inc. v. Acacia Communications, Inc. (San Diego Superior Court Case No. 16-02323) (the Prior Action) is assigned to this Court, and as this Court is readily familiar with the e...

  • WILLIAM GERBER VS CLARK

    Feb 27, 2020 |  San Diego County

    The Motion for Preliminary Injunction brought by plaintiff William Joseph Gerber (Plaintiff) is DENIED. Background

    This case involves a dispute over the custody of a dog after a breakup. The plaintiff is William Joseph Gerber. The defendant is Melody Clark (Defendant). While they were dating, Plain...

  • TALEFF VS. TALEFF

    Feb 27, 2020 |  San Diego County

    The Motion to Dismiss brought by defendant Marcia Lynn Sattgast Taleff (Defendant) is GRANTED. The matter has been properly noticed, with proof of service on file. The motion is unopposed. Failure to file and/or serve an opposition constitutes an admission that a motion is meritorious. (Rooney v. Vermont I...

  • VERONIKA STIPKOVITS VS SZATHMARY

    Feb 27, 2020 |  San Diego County

    The Motion for Judgment on the Pleadings brought by defendant Susan Szathmary (Defendant or Doctor Szathmary) is GRANTED in its entirety with leave to amend. Plaintiff Veronika Stipkovits (Plaintiff) shall have 10 days leave to amend.

    On the Court's own motion, the clerk is DIRECTED to strike the F...

  • CARI SMELAN VS ZIMNOWODZKI

    Feb 27, 2020 |  San Diego County

    The Anti-SLAPP Motion to Strike Plaintiff's Complaint brought by defendants Simon and Lisa Zimnowodzki (collectively, Defendants or the Grandparents) is DENIED. Defendants shall have 10 days to answer or otherwise plead.

    The Request for Judicial Notice brought by Defendants is GRANTED pursuant to E...

  • LOONEY VS. FORRESTER

    Feb 27, 2020 |  San Diego County

    The Motion to Be Relieved as Counsel brought by Attorney Richard L. Boyer of the Law Office of Richard L. Boyer (Attorney Boyer) as to client Edward Forrester is GRANTED. The Motion to Be Relieved as Counsel brought by Attorney Boyer as to client ENL Investments, L.L.C. is GRANTED.

    The declarations...

  • MEHRARA VS PETERSON

    Feb 27, 2020 |  San Diego County

    The Motion for Order Setting Aside Default Based on Defective Notice and Lack of Actual Notice brought by defendant Cynthia Peterson (Defendant) is GRANTED. For administrative purposes, Defendant will need to file a clean copy of her proposed Answer to Complaint with the Court's Civil Business Office. Defe...

  • CARI SMELAN VS ZIMNOWODZKI

    Feb 27, 2020 |  San Diego County

    The Anti-SLAPP Motion to Strike Plaintiff's Complaint brought by defendants Simon and Lisa Zimnowodzki (collectively, Defendants or the Grandparents) is DENIED. Defendants shall have 10 days to answer or otherwise plead.

    The Request for Judicial Notice brought by Defendants is GRANTED pursuant to E...

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