Judge: Richard S. Whitney, Case: 37-2021-00047822-CU-PO-CTL, Date: 2023-10-27 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 26, 2023

10/27/2023  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2021-00047822-CU-PO-CTL ORTIZ VS DPR CONSTRUCTION [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: PETITIONER CYPRESS INSURANCE COMPANY, AS ADMINISTERED BY BERKSHIRE HATHAWAY HOMESTATE COMPANIES' UNOPPOSED MOTION TO IMPRESS LIEN AGAINST SETTLEMENT is GRANTED.

Failure to file any opposition to the motion indicates Plaintiff Marcos Ortiz's ('Plaintiff') acquiescence that the motions is meritorious. (L.R. 2.1.19(B) ['The court may deem a lack of opposition to be a concession that a motion is meritorious']; See California Rules of Court, Rule 8.54(c).) Plaintiff does not dispute that Petitioner CYPRESS INSURANCE COMPANY, as administered by BERKSHIRE HATHAWAY HOMESTATE COMPANIES ('Petitioner') is entitled to a lien against Plaintiff's settlement. (De Cruz v. Reid (1968) 69 Cal.2d 217, 222–223; Marrujo v. Hunt (1977) 71 Cal.App.3d 972; Decl. McCarthy, Exhibit B.) The unopposed motion is granted.

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