Defendant County of San Diego’s demurrer to the First Amended Complaint (“FAC”) is sustained without leave to amend the 4th causes of action for breach of mandatory duty and 7th cause of action for dangerous condition of public property. The...
EATON VS. THE CITY OF SAN DIEGO
Defendant City of San Diego’s demurrer is sustained. Background and Discussion Using a form complaint, plaintiff Grace Eaton alleges a cause of action for intentional tort. The City of San Diego is named on the caption, but is...
RICHARD ALEXANDER VS. SAN DIEGO COUNTY CREDIT UNION
The joint motion for approval of PAGA settlement, filed by plaintiff Richard Alexander and defendant San Diego County Credit Union, is granted. Background and Discussion Plaintiff filed suit against his employer alleging he was misclassified as an exempt...
ALBERT L VILLAMAR VS HANSEN & ADKINS AUTO TRANSPORT INC
Plaintiff’s motion for preliminary approval of a class action settlement is granted. A class is conditionally certified for purposes of settlement. Cal. Rules of Court, rule 3.769(d). William Turley and David Mara of The Turley law Firm are designated as...
MERKEL VS. MINCAL CONSUMER LAW GROUP
Ehson Salaami’s petition to confirm arbitration award is granted. Salaami is awarded costs of $435.00. Preliminary Matters The Court has considered the opposition notwithstanding that it was filed and served more than 10 days after service of the...
BELL VS. ASTA
The unopposed motion or attorney’s fees, filed by plaintiff Erica Bell, is granted in the amount of $21,894.25. Background and Discussion Plaintiff Erica Bell filed suit for breach of contract and common counts based on a $75,000 promissory note. Trial...
HOLY TRINITY TRUST UNDER DECLARATION OF TRUST DATED DECEMBER 16 2002 VS JAMES M PROVENCHER
The demurrer to first amended complaint (“FAC”), filed by defendant James Provencher, is sustained without leave to amend the 1st cause of action for negligence and with 20 days leave to amend the 2nd cause of action for fraud. Preliminary...
SEREBRYAKOVA VS. EZELL RN
Plaintiff Elena Serebryakova’s petition for relief to file a late claim is denied. Preliminary Matters The unopposed requests for judicial notice are granted. Factual and Procedural Background Serebryakova filed suit against defendants Palomar Health, Michael Ezell, R.N. and...
SARAH GORMAN VS FEDERAL DEFENDERS OF SAN DIEGO INC
Motion to Compel Further Responses to Requests for Production of Documents Plaintiff Sarah Gorman brings this motion, seeking further responses to certain Requests for Production of Documents. “A showing of relevancy may be enough to cause the court...
AZEVEDO VS. W E O NEIL CONSTRUCTION
The motion for summary judgment, filed by defendant House Construction Company, is granted. Preliminary Matters Plaintiff’s foundational, relevancy and authentication objections (objections 2-5, 7-8) are sustained, in part. The foundation objection is sustained as to the Declaration of Jeffrey...