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THE BLT TRUST VS WILLS

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 MOTION FOR JUDGMENT ON THE PLEADINGS The Motion for Judgmen...

  • Hearing

    Jan 07, 2021

  • Type

    Contract

  • Sub Type

    Contract - Other

KALON CONSTRUCTION VS CAPITAL FITNESS GROUP LLC

Defendants Venture Fit, LLC, Fitness Investment Group, LLC, CFG University, LLC, CFG Lakeside, LLC, JLC Management LLC, JC Equity, LLC and Jeff Clark's demurrer to Plaintiffs' Second Amended Complaint is SUSTAINED. 1- Breach of Written Contract (Lakeside) 2- Breach of Oral Contract (University) 3- Breach of Oral Contract (Martinez Loan)...

  • Hearing

    Jan 07, 2021

  • Type

    Contract

  • Sub Type

    Breach

KALON CONSTRUCTION VS CAPITAL FITNESS GROUP LLC

Defendants Venture Fit, LLC, Fitness Investment Group, LLC, CFG University, LLC, CFG Lakeside, LLC, JLC Management LLC, JC Equity, LLC and Jeff Clark's demurrer to Plaintiffs' Second Amended Complaint is SUSTAINED. 1- Breach of Written Contract (Lakeside) 2- Breach of Oral Contract (University) 3- Breach of Oral Contract (Martinez Loan)...

  • Hearing

    Jan 07, 2021

  • Type

    Contract

  • Sub Type

    Breach

CROWE VS SCRIPPS MERCY HOSPITAL CHULA VISTA

Defendant Scripps Health dba Scripps Mercy Hospital Chula Vista's Demurrer to the Second Amended Complaint is OVERRULED. In ruling on a demurrer, the complaint must be liberally construed and given a reasonable interpretation, with a view to substantial justice between the parties. (C.C.P., § 452; Amarel v. Connell (1988) 202 Cal.App.3d 137, 14...

  • Hearing

    Jan 07, 2021

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

INHALE INC VS BAHARI BROTHERS LLC

TENTATIVE RULING Defendant Bahari Brothers, LLC's demurrer to plaintiff Inhale, Inc.'s second amended complaint ("SAC") is overruled. The court considered the attached signed contract, which is substantively identical to the unsigned contract requested to be judicially noticed by defendant to its demurrer to the first amended complaint and whic...

  • Hearing

    Jan 07, 2021

  • Type

    Contract

  • Sub Type

    Breach

PARKSIDE SOLUTIONS LLC VS CHORN MD

The matter shall be heard at oral argument. No tentative ruling will be issued....

  • Hearing

    Jan 07, 2021

  • Type

    Contract

  • Sub Type

    Breach

RODRIGUEZ VS COUNTY OF SAN DIEGO

The matter shall be heard at oral argument. No tentative ruling will be issued....

  • Hearing

    Jan 07, 2021

  • Type

    Other

  • Sub Type

    Intellectual Property

WOFFORD VS AJK HOMES 1 LLC

The matter shall be heard at oral argument. No tentative ruling will be issued....

  • Hearing

    Jan 07, 2021

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

DIXON VS KOHROGI

TENTATIVE RULING Defendants' unopposed motion to transfer venue is GRANTED. Discussion Timeliness A motion to change venue on grounds the action was filed in the wrong court must be filed at the time the defendant responds to the complaint. See CCP § 396b(a). Here, no proof of service of summons on the defendant is on file, and so d...

  • Hearing

    Jan 07, 2021

  • Type

    Business

  • Sub Type

    Intellectual Property

KALON CONSTRUCTION VS CAPITAL FITNESS GROUP LLC

Defendants Venture Fit, LLC and Jeff Clark's motion to compel Plaintiff Rafael Martinez's compliance with Requests for Production (Set One) [ROA 208] is GRANTED. CCP § 2031.300(b). The court orders Plaintiff Rafael Martinez to serve responses, without objection, and to produce all responsive documents, within 10 days of this ruling. Defendants'...

  • Hearing

    Jan 07, 2021

  • Type

    Contract

  • Sub Type

    Breach

MARTINEZ VS ONGUARD (KEMPER) [E-FILE]

The court will hear this matter. The court has reviewed Defendant Geico Insurance's Motion to Compel Further Responses to Requests for Admission, Set One. (ROA 239.) The court did not receive any opposition, notice of non-opposition, or reply papers. The court further notes that although Geico's Cross-Complaint is still pending in this case, th...

  • Hearing

    Jan 07, 2021

  • Type

    Insurance

  • Sub Type

    Intellectual Property

SIMON VS WRIGHT

No papers have been filed....

  • Hearing

    Jan 07, 2021

  • Type

    Contract

  • Sub Type

    Breach

PEOPLE OF THE STATE OF CALIFORNIA VS. PHILADELPHIA REINSURANCE CORPORATION

Defendant Philadelphia Reinsurance Corporation's opposed motion to set aside summary judgment on the bail bond forfeiture is DENIED. The People's motion for attorney's fees pursuant to Penal Code section 1305.3, is GRANTED, in the amount of $424.80, which amount is to be deducted from the forfeited bail bond proceeds. Defendant contends that Em...

  • Hearing

    Jan 07, 2021

  • Type

    Other

  • Sub Type

    Enforcement

  • County

    San Diego County, CA

RUFFIN ROAD VENTURE LOT 3 VS. SLEEP MED LLC

Isolate Innovations, LLC ("Isolate Innovations"), successor-in-interest to Plaintiff Ruffin Road Venture Lot 3 ("Ruffin Road" and, together with Isolate Innovations, "Plaintiff")'s motion for leave to amend the Complaint and Cross-Complaint is denied. California Code of Civil Procedure § 473 provides that "[t]he court may, in furtherance of jus...

  • Hearing

    Jan 07, 2021

  • Type

    Contract

  • Sub Type

    Breach

PIROMALLO VS GALLO

Defendants Pietro Gallo and Dario Gallo's demurrer to Plaintiff's complaint is SUSTAINED as to conversion cause of action and OVERRULED as to the remaining causes of action. Breach of Partnership Agreement Defendant's demurrer is OVERRULED. The court finds the complaint alleges facts sufficient to state a cause of action for breach of contr...

  • Hearing

    Jan 07, 2021

KALON CONSTRUCTION VS CAPITAL FITNESS GROUP LLC

Defendants Venture Fit, LLC and Jeff Clark's motion to compel Plaintiff Rafael Martinez's compliance with Requests for Production (Set One) [ROA 208] is GRANTED. CCP § 2031.300(b). The court orders Plaintiff Rafael Martinez to serve responses, without objection, and to produce all responsive documents, within 10 days of this ruling. Defendants'...

  • Hearing

    Jan 07, 2021

  • Type

    Contract

  • Sub Type

    Breach

KALON CONSTRUCTION VS CAPITAL FITNESS GROUP LLC

Judgment Creditors Venture Fit Properties, LLC and Eastlake Fitness Investment Group, LLC's motion to compel Judgment Debtor Kalon Construction's answer to Judgment Debtor Interrogatories [ROA 214] is GRANTED. CCP §§ 708.020, 2030.290(b). The court orders Judgment Debtor Kalon Construction to serve responses, without objection, within 10 days of th...

  • Hearing

    Jan 07, 2021

  • Type

    Contract

  • Sub Type

    Breach

KALON CONSTRUCTION VS CAPITAL FITNESS GROUP LLC

In light of this court's ruling sustaining without leave to amend Defendants Venture Fit, LLC, Fitness Investment Group, LLC, CFG University, LLC, CFG Lakeside, LLC, JLC Management LLC, JC Equity, LLC and Jeff Clark's demurrer to Plaintiffs' Second Amended Complaint, these defendants' motion to strike is moot....

  • Hearing

    Jan 07, 2021

  • Type

    Contract

  • Sub Type

    Breach

KALON CONSTRUCTION VS CAPITAL FITNESS GROUP LLC

Judgment Creditors Venture Fit Properties, LLC and Eastlake Fitness Investment Group, LLC's motion to compel Judgment Debtor Rafael Martinez's answers to Judgment Debtor Interrogatories [ROA 215] is GRANTED. CCP §§ 708.020, 2030.290(b). The court orders Judgment Debtor Rafael Martinez to serve responses, without objection, within 10 days of this ru...

  • Hearing

    Jan 07, 2021

  • Type

    Contract

  • Sub Type

    Breach

XIROGIANNIS VS SLJ & LG

Defendants SLJ & LG, Inc. and Vince Damain (collectively, "Defendants")'s motion to approve PAGA settlement is granted. See Cal. Lab. Code § 2699(l)(2). The court construes the lack of opposition by any interested party to be a concession of the motion's merits. In addition, the court finds that the settlement is not the product of fraud or ove...

  • Hearing

    Jan 07, 2021

  • Type

    Employment

  • Sub Type

    Wrongful Term

GONZALEZ-COLLAZO VS SANTIAGO

Defendant's general demurrer to causes of action 2, 3, 5, 6, 7, 9 and 11 of the first amended complaint is overruled. Sufficient facts are alleged. While it appears that Plaintiff may have problems as to some of the causes of action, at this early stage, the Court is reluctant to eliminate any causes of action which should be resolved by evidentiar...

  • Hearing

    Jan 07, 2021

  • Type

    Real Property

  • Sub Type

    other

VARGA VS LOMAS SERENAS PROPERTY OWNERS

The court, on its own motion, continues this matter to January 29, 2021 at 1:30 p.m. in this department....

  • Hearing

    Jan 07, 2021

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

CAMERON T. NEVINS VS VAN ORDEN

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) – DENIED The Joinder brought by defendants Wi...

  • Hearing

    Jan 07, 2021

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

VERONIKA STIPKOVITS VS SZATHMARY

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) – OVERRULED --Second Cause of Action (Elder Abuse...

  • Hearing

    Jan 07, 2021

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

RIESSEN VS MAKAMI, INC.

The motion of Plaintiff Alcina Pacheco to compel further responses to requests for admission ("RFA") is granted in part. The motion is denied as to RFAs 1 and 23. As the requests are phrased, Defendant is being asked to admit that exhibits A and B are what was submitted to the City. Defendant is not being asked as to whether it submitted accura...

  • Hearing

    Jan 07, 2021

  • Type

    Business

  • Sub Type

    Intellectual Property

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