Judge: Richard S. Whitney, Case: 37-2023-00013819-CU-MC-CTL, Date: 2024-01-05 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 04, 2024

01/05/2024  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

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Civil - Unlimited  Misc Complaints - Other Motion Hearing (Civil) 37-2023-00013819-CU-MC-CTL THE PEOPLE OF THE STATE OF CALIFORNIA VS CANDIDO [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: PLAINTIFF CITY OF SAN DIEGO'S UNOPPOSED MOTION FOR ATTORNEY'S FEES AND COSTS PER CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 17980.7(C)(11) AND (D)(1) is GRANTED.

Failure to file any opposition to the motion indicates Defendant Evelyn A. Candido, individually and in her capacity as Trustee of the Evelyn A. Candido – 1995 Trust, under Declaration of Trust dated December 15, 1995's ('Defendant') 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 City of San Diego ('Plaintiff') is awarded $21,443.36 in attorney's fees and costs against Defendant. The Court orders that the payment of the $21,443.36 in attorney's fees and costs are to be made from the receivership given that there should be plenty of equity to cover such costs. The unopposed motion is granted. Plaintiff's requests for judicial notice are granted.

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