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Sep 09, 2021 San Diego County
Defendant Sanan Brikho's motion to compel further responses to Defendant's Request for Production of Documents (Set 1) to Plaintiff Goldman Sachs Bank USA is GRANTED.
Defendant seeks further responses to Request for Production Nos. 1-5. Plaintiff's responses to each of these requests are substantia...
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Sep 09, 2021 San Diego County
Plaintiff's unopposed motion for leave to amend the complaint is GRANTED. CCP § 473(a). The court deems Plaintiff's Third Amendment to Complaint [ROA 38] filed and served as of the date of this ruling.
If this tentative ruling is confirmed the Minute Order will be the final order of the court and t...
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Sep 09, 2021 San Diego County
Defendants/Cross-Complainants Richard L. Shapiro and Marsha Ann Janger, individually and as trustees of the Shapiro Janger Trust's unopposed motion to compel production of business records from nonparty deponent Val Bros Complete Landscape Service is GRANTED. CCP § 2025.480.
If this tentative rulin...
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Sep 09, 2021 San Diego County
Plaintiff Emilio Miranda's motion to compel compliance with requests for production and motion for sanctions is DENIED.
A review of the court file shows that Plaintiff has not filed a notice of motion reflecting the current hearing date as required by California Rules of Court, Rule 3.112(a) and 3....
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Sep 09, 2021 San Diego County
Defendant Daniel Palacios' unopposed motion to set aside default is GRANTED. CCP § 473.5. The court finds this motion is timely and that the evidence Palacios submits is sufficient to establish that Palacio's lack of actual notice in time to defend this action was not caused by his avoidance of service or ...
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Sep 09, 2021 San Diego County
Attorney N. Stephen Vokshori/Vokshori Law Group's motion to be relieved as counsel for Plaintiff Winifred Green is GRANTED. CCP § 284. The court modifies and signs the form order. The withdrawal will be effective as of the date of the filing of a proof of service with the court showing that a copy of the s...
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Sep 09, 2021 San Diego County
The court rules as follows on Petitioner J.G. Wentworth Originations, LLC's petition for approval for transfer of payment rights by and between Joshua Surber and J.G. Wentworth Originations, LLC. The court continues the hearing on this petition to allow time for Petitioner to 1) submit a copy of the annuit...
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Sep 09, 2021 San Diego County
The application of Michelle Gambino to appear as counsel pro hac vice is GRANTED. The renewal fee for this Application is due on the anniversary date of this order each year this case continues. Government Code § 70617(e)(2).
If this tentative ruling is confirmed the Minute Order will be the final ...
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Sep 09, 2021 San Diego County
Intervenor American Safety Captive Insurance Company's motion for good faith settlement determination is GRANTED. CCP § 877.6.
A settling party's burden in applying for a good faith determination is to prove there has been a settlement. Fisher v. Superior Court (1980) 103 Cal.App.3d 434, 447. Ameri...
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Sep 02, 2021 San Diego County
Petitioner Debra Durado, Los Angeles County Superintendent of Schools' motion for protective order is GRANTED. CCP § 2025.420.
Durado seeks a protective order to prevent the depositions of Duardo and Patricia Smith, Chief Financial Officer, Los Angeles County Office of Education. Petitioner relies ...
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Sep 02, 2021 San Diego County
Defendants/Cross-Complainants Richard L. Shapiro and Marsha Ann Janger, individually and as trustees of the Shapiro Janger Trust's unopposed motion to compel production of business records from nonparty deponent Val Bros Complete Landscape Service is DENIED for failure to file a proof of service showing se...
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Sep 02, 2021 San Diego County
Defendant General Motors LLC's motion to compel the deposition of Plaintiff Alberto Spencer is GRANTED. CCP § 2025.450.
The court orders Plaintiff to appear for deposition at a mutually agreeable date and time, within 10 days of this ruling.
The court awards General Motors sanctions of $819...
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Sep 02, 2021 San Diego County
Defendant Select Medical Corporation's unopposed motion to strike portions of Plaintiff's Complaint is GRANTED. CCP § 436.
If this tentative ruling is confirmed the Minute Order will be the final order of the court and the parties shall not submit any further order on this motion.
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Sep 02, 2021 San Diego County
The court rules as follows on Defendants Harmon Sports Bar Group, LLC and James David Harmon's motions to compel responses to Defendants' Form Interrogatories (Set No. One), Special Interrogatories (Set One) and Request for Production of Documents (Set One) from Plaintiff Manoxay Insisienmay and Defendants...
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Sep 02, 2021 San Diego County
Defendant RAM Food Group LLC's unopposed motion to set aside default is GRANTED. CCP § 473(b). The court finds the evidence RAM submits sufficient to establish that the default taken against RAM was as a result of mistake, inadvertence, surprise or excusable neglect. Accordingly, the court sets aside the d...
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Sep 02, 2021 San Diego County
Plaintiff's motion to compel Defendant OS Restaurant Services, LLC to provide responses to Plaintiff's Request for Production of Documents (Set Two) is GRANTED. CCP § 2031.310. The request at issue is:
DEMAND FOR PRODUCTION NO. 30.
Please produce all DOCUMENTS RELATED TO written disciplinar...
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Sep 02, 2021 San Diego County
The court rules as follows on attorney Michelle Gambino's application to appear as counsel pro hac vice. A review of the court file shows that on July 16, 2021, Jimbo's filed a notice of related case [ROA 23] in this case and in case number 37-2018-00025251-CU-BC-CTL, and on July 21, 2021, Plaintiffs filed...
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Sep 02, 2021 San Diego County
Defendant Indiana Mills & Manufacturing, Inc.'s unopposed motion for good faith settlement determination is GRANTED. The court finds the settlement to be in good faith. This determination bars any other joint tortfeasor or co-obligor from any further claims against Indiana Mills & Manufacturing, Inc. for e...
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Sep 02, 2021 San Diego County
Defendant ASI Select Insurance Corp.'s motion to strike portions of Plaintiffs' complaint is GRANTED. ASI seeks to strike the allegations and prayer for Penal Code §496 treble damages and CC §3294 punitive damages.
Penal Code § 496
Under Penal Code § 496
(a) Every person who buys or...
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Sep 02, 2021 San Diego County
The court addresses the evidentiary issues. Plaintiffs' request for judicial notice is GRANTED. The court then rules as follows. Defendant San Diego Unified School District's motion for judgment on the pleadings is GRANTED. Defendant Dana Shelburne's motion for judgment on the pleadings is GRANTED as to th...
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Sep 02, 2021 San Diego County
Defendant City of San Diego's demurrer to Plaintiff's complaint is SUSTAINED WITH LEAVE TO AMEND.
The complaint alleges two causes of action against the City titled "Negligence, Negligent Supervision" and "Dangerous Condition Which Proximately Caused Plaintiff's Damages." Plaintiff concedes the Cit...
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Aug 26, 2021 San Diego County
Cross-Defendant Morello Concrete Construction, Inc.'s demurrer is off calendar for failure to file papers.
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Aug 26, 2021 San Diego County
Plaintiff's motion to compel is off calendar for failure to file papers.
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Aug 26, 2021 San Diego County
Plaintiff's motion for final approval of class action settlement is GRANTED. Applying the factors set forth in Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1796, the court finds Plaintiff meets his burden of showing that the settlement, in the total gross monetary amount of $711,000.00 is fair, adequate an...