Recent Rulings by Hon. Timothy M. Casserly

• THE BLT TRUST VS WILLS

  Jan 07, 2021 |  San Diego County

  Though there is some confusion in the papers provided (which will be addressed below), there are two matters on-calendar in this matter:

  (1) a Motion for Judgment on the Pleadings

  (2) a Motion to Transfer Venue

  The rulings on each are provided, in turn, below.

  RULING ON MOTI...

• CAMERON T. NEVINS VS VAN ORDEN

  Jan 07, 2021 |  San Diego County

  The Motion for Summary Judgment/Adjudication brought by defendant Timothy Hipps is disposed as follows:

  --First Cause of Action (Breach of Contract) – DENIED

  --Second Cause of Action (Breach of Implied Covenant of Good Faith & Fair Dealing) – DENIED --Third Cause of Action (Fraud and Deceit...

• VERONIKA STIPKOVITS VS SZATHMARY

  Jan 07, 2021 |  San Diego County

  There are two motions presently on-calendar in this matter, a demurrer and a motion to strike. Each is addressed, in turn, below.

  RULING ON DEMURRER

  The Demurrer brought by defendant Susan Szathmary (Defendant or Szathmary) is disposed as follows:

  --First Cause of Action (Conversion...

• SIDHOM VS. BROWN [IMAGE]

  Jan 07, 2021 |  San Diego County

  The Motion to Compel Production of Documents (Set Six) brought by respondent Interinsurance Exchange of the Automobile Club (the Exchange) is GRANTED.

  The moving papers establish that, with evidence, that the Exchange propounded a Request for Production of Documents (Set Six) on plaintiff/claimant ...

• VERONIKA STIPKOVITS VS SZATHMARY

  Jan 07, 2021 |  San Diego County

  There are two motions presently on-calendar in this matter, a demurrer and a motion to strike. Each is addressed, in turn, below.

  RULING ON DEMURRER

  The Demurrer brought by defendant Susan Szathmary (Defendant or Szathmary) is disposed as follows:

  --First Cause of Action (Conversion...

• MACHADO VS. MYERS

  Jan 07, 2021 |  San Diego County

  The Motion for Post-Judgment Order Under Code Civ. Proc. § 664.6 brought by plaintiffs Edward and Zlaine Machado, individually and as trustees of the Edward and Zlaine Machado Family Trust Dated June 30, 2003 (collectively, Plaintiffs) is GRANTED in part according to the guidance set forth herein. Plaintif...

• THE BLT TRUST VS WILLS

  Jan 07, 2021 |  San Diego County

  Though there is some confusion in the papers provided (which will be addressed below), there are two matters on-calendar in this matter:

  (1) a Motion for Judgment on the Pleadings

  (2) a Motion to Transfer Venue

  The rulings on each are provided, in turn, below.

  RULING ON MOTI...

• ONTIUM CORP. VS PHOENIX INVENTORS

  Jan 07, 2021 |  San Diego County

  The Motion to Quash Service for Lack of Personal Jurisdiction brought by defendant Phoenix Investors, LLC is GRANTED.

  This is a business dispute between two entities for the design of, and later for the assembly of, a custom off-road pop-up camping trailer. The company purchasing these services was...

• MCCARTHY VS ROGERS JR

  Jan 07, 2021 |  San Diego County

  The Demurrer brought by defendant John Rogers, Jr. (Defendant) is OVERRULED. The Motion to Strike brought by Defendant is GRANTED without leave to amend. Defendant shall have 10 days leave to answer or otherwise plead.

  Merits of Demurrer

  This case involves a single cause of action for negli...

• POIRIER VS PACIFIC PROPERTY AND CASUALTY COMPANY ANPAC

  Jan 07, 2021 |  San Diego County

  The Petition for Reconsideration of Summary Judgment Based on the Merits of the Case brought by plaintiff Joseph Poirier (Plaintiff) is DENIED.

  The motion is procedurally deficient, as it is not accompanied by a proper notice of hearing, which must be a separate paper. See Weil & Brown, Cal. Prac. ...

• DUFFIN VS HARDCORE FITNESS NORTH COUNTY, LLC

  Jan 07, 2021 |  San Diego County

  The Motion for Summary Judgment/Adjudication brought by defendant Hardcore Fitness North County, LLC is disposed as follows:

  --First Cause of Action (General Negligence) – DENIED

  --Second Cause of Action (Products Liability) – DENIED as moot as Plaintiff has indicated he is not alleging thi...

• AGUSTIN GUERRERO-TELLO VS ROSS APARTMENT CO I LTD

  Jan 07, 2021 |  San Diego County

  The following motions, all brought by defendant Ross Apartment Co 1 Ltd (Defendant), are GRANTED. --Motion to Compel Further Responses to Form Interrogatories (of Agustin Guerrero-Tello) --Motion to Compel Further Responses to Special Interrogatories (of Agustin Guerrero-Tello) --Motion to Compel Further R...

• SANJUANA ANDRADE VS ARIPEZ

  Dec 17, 2020 |  San Diego County

  There are two motions presently on-calendar in this matter, as follows: (1) a Motion for Leave to File First Amended Complaint

  (2) a Motion for Preliminary Injunction

  The Court's ruling on each is set forth below under separate headings.

  RULING ON MOTION FOR LEAVE TO FILE FIRST AMEN...

• BONNIE GARCIA VS DINI'S BY THE SEA, LTD

  Dec 17, 2020 |  San Diego County

  The Motion to Compel Western States Awnings to Produce Documents Pursuant to Deposition Subpoena for Production of Business Records brought by plaintiff Bonnie Garcia 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 op...

• DUFFIN VS HARDCORE FITNESS NORTH COUNTY, LLC

  Dec 17, 2020 |  San Diego County

  The hearing on this matter is continued to Friday, January 8, 2021 at 1:30 p.m. in Department N-31.

  ...

• TERESA CRUZ VS FITNESS INTERNATIONAL INC

  Dec 17, 2020 |  San Diego County

  The Motion for Summary Judgment/Adjudication brought by defendant Fitness International, LLC is disposed as follows:

  --First Cause of Action (General Negligence) – DENIED

  --Second Cause of Action (Premises Liability) – DENIED

  Background

  This lawsuit concerns an alleged dange...

• TOBEY VS. WAY

  Dec 17, 2020 |  San Diego County

  The Motion for Leave to Amend brought by plaintiff Rochelle Tobey (Plaintiff) is GRANTED. For administrative purposes, Plaintiff will need to file a clean copy of the First Amended Complaint with the Court's Civil Business Office. Plaintiff shall have 20 days to do so.

  The policy favoring amendment...

• MACHADO VS. MYERS

  Dec 17, 2020 |  San Diego County

  The hearing on this matter is continued to Friday, January 8, 2021 at 1:30 p.m. in Department N-31.

  ...

• HANGAR ONE AVIONICS INC. VS HART

  Dec 17, 2020 |  San Diego County

  The Demurrer to Complaint brought by defendant Hoyt Hart II, Esq. dba KalHart Transportation Services, Inc. is disposed as follows:

  --First Cause of Action (Breach of Contract) – SUSTAINED with leave to amend --Second Cause of Action (Open Account) - SUSTAINED with leave to amend --Third Cause of A...

• SANJUANA ANDRADE VS ARIPEZ

  Dec 17, 2020 |  San Diego County

  There are two motions presently on-calendar in this matter, as follows: (1) a Motion for Leave to File First Amended Complaint

  (2) a Motion for Preliminary Injunction

  The Court's ruling on each is set forth below under separate headings.

  RULING ON MOTION FOR LEAVE TO FILE FIRST AMEN...

• GRAND MADISON LLC VS VIKING COMMERCIAL CONSTRUCTION

  Dec 17, 2020 |  San Diego County

  The Demurrer brought by defendant William Larson is disposed as follows: --Second Cause of Action (Conversion) – SUSTAINED without leave to amend --Third Cause of Action (Fraud and Deceit) - SUSTAINED without leave to amend Background

  This is a dispute between the owner of a property and a general ...

• DIFUNTORUM VS DJ FOUR PROPERTIES LLC

  Dec 17, 2020 |  San Diego County

  Ruling on Motion for Protective Order

  No tentative ruling to be posted for the appearance hearing on Friday, December 18, 2020 at 1:30 p.m. Ruling on Demurrer and Motion to Strike

  The Demurrer to Complaint and Motion to Strike Portions of Plaintiff's Complaint brought by defendant Don Seo (...

• DIFUNTORUM VS DJ FOUR PROPERTIES LLC

  Dec 17, 2020 |  San Diego County

  Ruling on Motion for Protective Order

  No tentative ruling to be posted for the appearance hearing on Friday, December 18, 2020 at 1:30 p.m. Ruling on Demurrer and Motion to Strike

  The Demurrer to Complaint and Motion to Strike Portions of Plaintiff's Complaint brought by defendant Don Seo (...

• BARTEE VS KAISER FOUNDATION HEALTH PLAN, INC

  Dec 17, 2020 |  San Diego County

  The Motion for Summary Judgment/Adjudication brought by defendant Marco Robin, D.O. (Doctor Robin) is GRANTED.

  An express Notice of Non-Opposition has been filed by plaintiff Eleanor Bartee, a minor, by and through her guardian ad litem (Eleanor).

  With regard to plaintiffs Brittany Bartee (...

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