The Honorable Timothy M. Casserly

San Diego County Superior Court, Department NC-31

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Biography

The Hon. Timothy M. Casserly is a judge for the Superior Court of San Diego County in California.

Casserly earned his J.D. from the University of San Diego School of Law.

He began his legal career as a deputy district attorney in the Office of the District Attorney of Sacramento County in 1981. Then, in 1986, he moved to the Office of the District Attorney of San Diego County, where he served as a deputy district attorney until his appointment to the bench in 1996.

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 (...

  • See More Results

Recent Cases by Hon. Timothy M. Casserly

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 (...

  • See More Results

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