CARRILLO VS AMERICAN HONDA MOTOR CO INC
Demurrers by Defendants American Honda Motor Co., Inc. and Sunroad Auto, LLC dba Pacific Honda Defendants each filed separate demurrers to the fraud cause of action alleged in Plaintiffs Richard Alvarez Carrillo and Priscilla Lisa Carrillo's First Amended Complaint. Defense counsel, however, only reserved hearing time for one demurrer. Inasmuch...
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Hearing
Jan 07, 2021
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Type
Contract
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Sub Type
Breach
- Judge John S. Meyer
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County
San Diego County, CA
DE LA FLOR VS PLIKAYTIS
Plaintiff George L. De La Flor brings this motion for summary adjudication. It is not clear to the Court what plaintiff seeks to adjudicate. The Notice of Motion and the Memorandum of Points and Authorities assert that plaintiff wants to summarily adjudicate the Second Cause of Action for Breach of Contract by "finding Defendant Plikaytis 'void...
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Hearing
Jan 07, 2021
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Type
Personal Injury/ Tort
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Sub Type
Fraud
- Judge John S. Meyer
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County
San Diego County, CA
MALVEAUX VS PARADISE VALLEY HOSPITAL [E-FILE]
Defendant Paradise Valley Hospital's demurrer to the complaint is SUSTAINED WITH LEAVE TO AMEND. The complaint fails to allege sufficient facts to constitute a cause of action. Plaintiff Michael Anthony Malveaux, Jr. shall file and serve his First Amended Complaint no later than January 29, 2021. Defendant shall give notice....
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Hearing
Jan 07, 2021
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Type
Contract
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Sub Type
Breach
- Judge John S. Meyer
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County
San Diego County, CA
REKAZADA VS WHOLE-MARKET GROCERY LLC
The unopposed motion to be relieved as counsel, filed by Attorney Joel Larabee, is GRANTED. The Court adopts the proposed Order submitted by counsel. Attorney Larabee shall be relieved as counsel of record for Plaintiff Basir Ahmad Rekazada effective upon the filing of the proof of service of the signed Order upon the client....
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Hearing
Jan 07, 2021
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Type
Employment
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Sub Type
Wrongful Term
- Judge John S. Meyer
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County
San Diego County, CA
MORLETT VS CIMMARRUSTI
The matter shall be heard at oral argument. No tentative ruling will be issued....
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Hearing
Jan 07, 2021
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Type
Other
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Sub Type
Intellectual Property
- Judge Gregory W Pollack
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County
San Diego County, CA
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...
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Hearing
Jan 07, 2021
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Type
Contract
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Sub Type
Contract - Other
- Judge Timothy M. Casserly
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County
San Diego County, CA
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...
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Hearing
Jan 07, 2021
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Type
Other
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Sub Type
Enforcement
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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...
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Hearing
Jan 07, 2021
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Type
Contract
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Sub Type
Breach
- Judge Cynthia A. Freeland
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County
San Diego County, CA
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...
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Hearing
Jan 07, 2021
- Judge Ronald L. Styn
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County
San Diego County, CA
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)...
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Hearing
Jan 07, 2021
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Type
Contract
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Sub Type
Breach
- Judge Ronald L. Styn
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County
San Diego County, CA
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...
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Hearing
Jan 07, 2021
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Type
Contract
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Sub Type
Breach
- Judge Ronald L. Styn
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County
San Diego County, CA
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'...
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Hearing
Jan 07, 2021
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Type
Contract
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Sub Type
Breach
- Judge Ronald L. Styn
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County
San Diego County, CA
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...
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Hearing
Jan 07, 2021
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Type
Contract
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Sub Type
Breach
- Judge Ronald L. Styn
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County
San Diego County, CA
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....
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Hearing
Jan 07, 2021
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Type
Contract
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Sub Type
Breach
- Judge Ronald L. Styn
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County
San Diego County, CA
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....
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Hearing
Jan 07, 2021
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Type
Personal Injury/ Tort
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Sub Type
other
- Judge Cynthia A. Freeland
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County
San Diego County, CA
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...
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Hearing
Jan 07, 2021
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Type
Employment
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Sub Type
Wrongful Term
- Judge Cynthia A. Freeland
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County
San Diego County, CA
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...
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Hearing
Jan 07, 2021
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Type
Real Property
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Sub Type
other
- Judge Cynthia A. Freeland
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County
San Diego County, CA
CHRISTIANA TRUST A DIVISION OF WILMINGTON SAVINGS FUND SOCIETY FSB AS INDENTURE TRUSTEE OF THE CONIX MORTGAGE ASSET TRUST 2013-1 ASSET-BACKED NOTES SERIES 2013-1 VS COURTLAND GETTEL [E-FILE]
Defendant FCI Lender Services, Inc.'s Motion for Determination of Good Faith Settlement is DENIED. (ROA 490.) Defendant's motion was filed after Plaintiff dismissed its claims against FCI with prejudice. (ROA 484.) Accordingly, the court lacks jurisdiction to consider FCI's motion....
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Hearing
Jan 07, 2021
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Type
Personal Injury/ Tort
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Sub Type
Fraud
- Judge Ronald F. Frazier
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County
San Diego County, CA
BRADY SOCAL INCORPORATED VS DAVIS REED CONSTRUCTION INC [E-FILE]
Motion to Be Relieved Attorneys Gregory Markow and Sean Gaffney's Motion to Be Relieved as Counsel for RGC Gaslamp, LLC is CONTINUED to January 29, 2021 at 8:30 a.m. (ROA 979.) Counsel have served their client with the motion electronically. This is a proper method of service of the motion. (Cal. Rules of Court, rule 3.1362(d).) However, wh...
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Hearing
Jan 07, 2021
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Type
Complex
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Sub Type
Writ
- Judge Ronald F. Frazier
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County
San Diego County, CA
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...
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Hearing
Jan 07, 2021
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Type
Insurance
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Sub Type
Intellectual Property
- Judge Ronald F. Frazier
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County
San Diego County, CA
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'...
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Hearing
Jan 07, 2021
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Type
Contract
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Sub Type
Breach
- Judge Ronald L. Styn
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County
San Diego County, CA
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)...
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Hearing
Jan 07, 2021
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Type
Contract
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Sub Type
Breach
- Judge Ronald L. Styn
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County
San Diego County, CA
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...
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Hearing
Jan 07, 2021
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Type
Personal Injury/ Tort
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Sub Type
Fraud
- Judge Carolyn Caietti
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County
San Diego County, CA
MALDONADO VS KIA MOTORS AMERICA INC
Demurrer and Motion to Strike Defendant Kia Motors America, Inc.'s demurrer to the third, fifth, sixth and seventh causes of action, as well as the allegations pertaining to tolling of the statute of limitations, is SUSTAINED WITH LEAVE TO AMEND. The Motion to Strike is GRANTED WITH LEAVE TO AMEND. The demurrer is brought on the grounds tha...
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Hearing
Jan 07, 2021
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Type
Contract
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Sub Type
Breach
- Judge John S. Meyer
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County
San Diego County, CA
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...
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Hearing
Jan 07, 2021
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Type
Contract
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Sub Type
Breach
- Judge Eddie C Sturgeon
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County
San Diego County, CA
