Judge: Kenneth J. Medel, Case: 37-2023-00005211-CU-OR-CTL, Date: 2024-01-12 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 11, 2024

01/12/2024  09:30:00 AM  C-66 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Kenneth J Medel

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Civil - Unlimited  Other Real Property Motion Hearing (Civil) 37-2023-00005211-CU-OR-CTL ORLOSKY VS MILLER JR [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 12/04/2023

Plaintiff's Motion for Deposit of Rents is DENIED. The UD case was consolidated with civil actions. Thus, trial of the UD action is delayed based upon the need to determine the underlying issues regarding possession in the civil actions. Thus, the Court does not find that CCP 1170.5(c) applies. Even if applicable, the Court cannot determine that plaintiff has a probability of prevailing on the merits to require payment of rents. Nor does the Court find that this is a situation where equity requires the payment of rents pending outcome of the litigation.

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