Judge: Joel R Wohlfeil, Case: 37-2022-00049994-CU-FR-CTL, Date: 2024-05-14 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - May 14, 2024

05/14/2024  08:45:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Fraud Civil Court Trial 37-2022-00049994-CU-FR-CTL DIAZ VS ZERMENO [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant's Ex Parte Application (ROA # 53) for an order to seize and delete the video footage and photos taken by Jesus Diaz in the office of James T. Imperiale – DENY. Defendant has not carried his burden that Plaintiff recorded privileged material which would the issuance of an affirmative mandatory injunction. Further, the Court does not find, based on this record, that the prejudice, if any, to Defendant is greater if the Court refuses to direct Plaintiff to delete the recording compared to the prejudice, if any, to Plaintiff if the Court directs Plaintiff to delete the recording.

Defendant's Motion (# 61) to exclude evidence Plaintiff failed to disclose in discovery – DENY.

Calendar No.: Event ID:  TENTATIVE RULINGS

3129210  2