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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 ...
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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...
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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. ...
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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...
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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...
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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...
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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...
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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...
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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...
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Dec 17, 2020 San Diego County
The Motion for Protective Order from Defendant's Special Interrogatories brought by plaintiff Xiujuan Ma is GRANTED on the limited procedural ground that the discovery request was propounded by a party that was in default.
The Motion for Protective Order from Defendant's Request for Production of D...
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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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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.
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Dec 17, 2020 San Diego County
The Motion for an Order Requiring Trustee to Retain an Attorney for the Trust brought by plaintiff/cross-defendant David Pollock is DENIED as to the request to order the Trustee to hire an attorney for the Trust, but GRANTED as to issuance of an order barring the Trustee from representing the Trust in pro ...
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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...
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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...
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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.
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Dec 17, 2020 San Diego County
The Motion for Leave to File Second Amended Complaint brought by plaintiff Gabriela Mercado is GRANTED. For administrative purposes, Plaintiff will need to file a clean copy of the Second Amended Complaint with the Court's Civil Business Office. Plaintiff shall have 20 days to do so. The matter has been pr...
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Dec 17, 2020 San Diego County
The Motion for Leave to File Cross-Complaint brought by defendant City of Carlsbad is GRANTED. For administrative purposes, the City will need to file a clean copy of the Cross-Complaint with the Court's Civil Business Office. The City shall have 20 days to do so.
The Court notes some argument rega...
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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...
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Dec 17, 2020 San Diego County
The Motion to Release Funds Held in Trust by the Clerk of the Court brought by defendant David Herbert is OFF-CALENDAR.
A Notice of Stay of Proceedings was filed in this case on December 3, 2020, notifying that defendant Herbert filed for Chapter 7 bankruptcy in the United States Bankruptcy Court f...
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Dec 17, 2020 San Diego County
The Motion to Dismiss for Failure to Prosecute (pursuant to CCP §§ 583.310 and 583.360) 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. Vermo...
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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 (...
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Dec 17, 2020 San Diego County
There are two motions presently on-calendar in this matter:
(1) a Motion for an Order Expanding the Powers of the Receiver
(2) a Motion for Judgment on the Pleadings
The ruling on each is set forth, in turn, below.
RULING ON MOTION FOR ORDER EXPANDING THE POWERS OF THE RECEI...
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Dec 17, 2020 San Diego County
The Demurrer brought by defendant City of Escondido is disposed as follows: --Second Cause of Action (General Negligence) – SUSTAINED without leave to amend --Third Cause of Action (Dangerous Condition of Public Property) - OVERRULED --Fourth Cause of Action – Count One (Negligence) – SUSTAINED without lea...