DE MARY VS WELK RESORT GROUP INC

Case Number: 37-2015-00023925-CU-FR-NC
Hearing Date: April 15, 2016
County: San Diego County
Judicial Officer: Dahlquist
Word Count: 481

 

Defendant Welk Resort Group, Inc.’s motion to compel arbitration is granted.   Plaintiffs Frank J. De Mary and Marsha A. De Mary have brought a complaint against the defendant asserting causes of action for violation of the Time-Share Act of...

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ARCH PAC INC VS. PINNICK

Case Number: 37-2015-00034181-CU-OE-NC
Hearing Date: April 14, 2016
County: San Diego County
Judicial Officer: Dahlquist
Word Count: 192

 

Defendant Allejandro Pinnick’s demurrer to Arch Pac, Inc.’s First Amended Complaint is overruled. Defendant shall file an answer by April 25, 2016.   At this stage of the case, the Court is required to liberally construe the allegations of the...

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EVANS VS. BANK OF AMERICA, NATIONAL ASSOCIATION

Case Number: 37-2015-00017611-CU-OR-NC
Hearing Date: March 25, 2016
County: San Diego County
Judicial Officer: Dahlquist
Word Count: 384

 

Defendant Robert Evans’ demurrer to the Second Amended Complaint is overruled in part and  sustained with leave to amend in part.   Robert Evans’ demurrer to the third cause of action (for quiet title) is sustained with leave to amend...

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CILURZO VS. APPLE INC

Case Number: 37-2014-00023521-CU-WT-NC
Hearing Date: March 25, 2016
County: San Diego County
Judicial Officer: Dahlquist
Word Count: 1,489

 

Defendant Apple Inc.’s motion to vacate judgment is denied.   Section 663 of the Code of Civil Procedure authorizes the court to set aside a judgment for either of the following circumstances: (1) there is an incorrect or erroneous legal...

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CILURZO VS. APPLE INC

Case Number: 37-2014-00023521-CU-WT-NC
Hearing Date: March 25, 2016
County: San Diego County
Judicial Officer: Dahlquist
Word Count: 427

 

Plaintiff Stephen Cilurzo’s motion for reasonable attorneys’ fees, reasonable expert fees and reasonable costs is granted in part.   Cilurzo’s request for expert fees in the amount of $28,297.54 is granted. The Court finds that this  amount is reasonable and...

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FOLTYN VS. DEBERRY

Case Number: 37-2012-00056240-CU-PN-NC
Hearing Date: March 25, 2016
County: San Diego County
Judicial Officer: Dahlquist
Word Count: 725

 

Plaintiff Robert Foltyn’s motion to tax costs is granted in part.   Defendant Linda Patrick claims $2,881.15 for filing and motion fees. The Court finds that Patrick should recover $1,810.65 for filing and motion fees. The remaining costs claimed for...

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APOLLO REALTY INVESTMENTS LLC VS KEVIN PAYNE

Case Number: 37-2015-00036739-CU-DF-CTL
Hearing Date: March 18, 2016
County: San Diego County
Judicial Officer: Dahlquist
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Word Count: 650

 

Tentative Ruling on Motion for Leave to File Late Special Motion to Strike Apollo Realty v. Payne, Case No. 2015-36739 March 18, 2016, 1:30 p.m., Dept. 72   1.     Overview and Procedural Posture. Kevin Payne (Payne) appointed himself community real...

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RANGEL VS SANCHEZ-CESPEDE

Case Number: 37-2015-00039061-CU-PA-NC
Hearing Date: March 18, 2016
County: San Diego County
Judicial Officer: Dahlquist
Word Count: 291

 

In connection with plaintiff’s motion to quash deposition subpoenas, the Court will conduct an in camera review of the subpoenaed records to determine which records should be made available to defendant.   Therefore, the Court orders that the subpoenaed records...

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CHAD VS. ARNOLD

Case Number: 37-2015-00042504-CU-BT-NC
Hearing Date: March 18, 2016
County: San Diego County
Judicial Officer: Dahlquist
Word Count: 318

 

Defendant Jennifer Arnold’s demurrer to plaintiff’s complaint is sustained without leave to amend.   Plaintiff and defendant are the parents of two children.  A marital dissolution  case involving these  parties, and their two children, is currently pending in the Family...

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SAN DIEGO FLOOD BUSTERS INC VS. COHEN

Case Number: 37-2014-00022229-CU-BC-NC
Hearing Date: March 18, 2016
County: San Diego County
Judicial Officer: Dahlquist
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Word Count: 926

 

Plaintiff/Cross-Defendant San Diego Flood Buster’s, Inc. special motion to strike the first amended cross-complaint is denied. Plaintiff shall file an answer to the first amended cross-complaint by March  28, 2016. Plaintiff’s request for judicial notice dated March 4, 2016 is...

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