Tentative Rulings on Discovery Motions

Kelly v. Baechler, Case No. 2019-30418

August 21, 2020, 1:30 p.m., Dept. 72

1. Overview and Procedural Posture.

Plaintiffs lease real property on 70th Street in San Diego which they use as a church. Defendant is their landlord. Plaintiffs allege that defendant failed to properly deal with "frillable (sic -probably should say "friable") asbestos" which "inundated" (sic) the premises in question, and failed to warn plaintiffs and fully disclose site conditions to them. The complaint, alleging claims for negligence and deceit, was filed in June 2019. Service of the summons and complaint was delayed (ROA 8), but at the continued CMC the court was able to set a trial date for September 2020. ROA 28-34.

In late 2019, defendant demurred to plaintiffs' original complaint. The court sustained the demurrer and gave plaintiffs 10 days leave to amend, which they did. ROA 38, 41-44. Plaintiff Carlos X. Kelly's claims against defendant have since been dism