California Tentative Rulings
Defendants, Anthony Greco and the County of San Diego’s Motion to Quash Service of Summons is GRANTED. As to service on the County, the Summons indicates service at 1600 Pacific Hwy San Diego CA 92101. Because the County is...
Polioles S.A. de C.V.’s Motion for Order Determining that the Proceeding Against Defendant Henry Nam Lee is not Stayed is GRANTED. This Action is not stayed. Plaintiff Polioles, S.A. de C.V. (“Polioles”) obtained a judgment for $2,234,438.76 against defendant...
Crews’ Motion for Prejudgment Writ of Attachment is DENIED. Based on the allegations, this is an action for contribution based upon guaranties to a former partnership debt. The partnership in this case was known as Michael Crews Commercial...
Defendant YVETTE LOTZ’s Motion to Strike/Tax Costs is DENIED (with the exception to prejudgment interest, which plaintiff has agreed to reduce.) The motion appears to be untimely. CCP § 685.070(c) which requires all moving and supporting papers challenging a memorandum...
Defendants Noelle La Playa Properties, LLC and Frances Golden’s Demurrer as to All Causes of Action is SUSTAINED with 15 days leave to amend. As to plaintiffs Erica Julius and Brent Mesnick, the allegations in the First Amended Complaint...
Defendant Shahram Khial’s Motion to Set Default is GRANTED. Default was entered against Defendant Khial on August 28, 2015. Prior to entry of default, counsel for plaintiff and defendants Khial and ACL agreed to a two week extension to...
The Court first notes that Plaintiff Carlos Gomez Bucio is attempting to dismiss the Complaint. (See ROA 97) The dismissal was returned to counsel based upon the use of out dated forms. Plaintiff is to file a corrected dismissal form....
Defendant’s Motion to Strike is GRANTED Punitive damages may be recovered in an action for the breach of an obligation not arising from contract, “where it is proven by clear and convincing evidence that the defendant has been guilty...
The Court first notes that the numbering in Defendants’ Separate Statement of Undisputed Material Facts and Plaintiff’s Separate of Disputed Material Facts is not in order and repetitive, making it difficult, if not impossible for the Court to refer...
Plaintiff Howard L. Frese’s Application Appointing Donna Frese as Guardian Ad Litem is DENIED without prejudice to having a full hearing on the issue of competency. The courts have determined that a guardian ad litem may be appointed if the...