SIMMONS VS. THE COUNTY OF SAN DIEGO

Case Number: 37-2014-00030403-CU-PO-CTL
Hearing Date: June 24, 2016
County: San Diego County
Judicial Officer: Bacal
Word Count: 861

 

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...

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EATON VS. THE CITY OF SAN DIEGO

Case Number: 37-2015-00026090-CU-CR-CTL
Hearing Date: June 24, 2016
County: San Diego County
Judicial Officer: Bacal
Word Count: 417

 

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...

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RICHARD ALEXANDER VS. SAN DIEGO COUNTY CREDIT UNION

Case Number: 37-2014-00024845-CU-OE-CTL
Hearing Date: June 24, 2016
County: San Diego County
Judicial Officer: Bacal
Word Count: 321

 

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...

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ALBERT L VILLAMAR VS HANSEN & ADKINS AUTO TRANSPORT INC

Case Number: 37-2015-00003182-CU-OE-CTL
Hearing Date: June 24, 2016
County: San Diego County
Judicial Officer: Bacal
Word Count: 544

 

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...

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MERKEL VS. MINCAL CONSUMER LAW GROUP

Case Number: 37-2014-00032224-CU-BC-CTL
Hearing Date: June 10, 2016
County: San Diego County
Judicial Officer: Bacal
Word Count: 378

 

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...

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BELL VS. ASTA

Case Number: 37-2014-00024630-CU-CL-CTL
Hearing Date: June 10, 2016
County: San Diego County
Judicial Officer: Bacal
Word Count: 306

 

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...

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HOLY TRINITY TRUST UNDER DECLARATION OF TRUST DATED DECEMBER 16 2002 VS JAMES M PROVENCHER

Case Number: 37-2014-00043143-CU-PN-CTL
Hearing Date: June 10, 2016
County: San Diego County
Judicial Officer: Bacal
Word Count: 1,391

 

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...

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SEREBRYAKOVA VS. EZELL RN

Case Number: 37-2015-00030002-CU-MM-CTL
Hearing Date: June 10, 2016
County: San Diego County
Judicial Officer: Bacal
Word Count: 906

 

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...

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SARAH GORMAN VS FEDERAL DEFENDERS OF SAN DIEGO INC

Case Number: 37-2015-00031434-CU-WT-CTL
Hearing Date: June 10, 2016
County: San Diego County
Judicial Officer: Bacal
Word Count: 482

 

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...

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AZEVEDO VS. W E O NEIL CONSTRUCTION

Case Number: 37-2015-00001161-CU-PO-CTL
Hearing Date: June 3, 2016
County: San Diego County
Judicial Officer: Bacal
Word Count: 791

 

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...

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