Tentative Rulings Department 47 of California December 15, 2000




                                                                             
                                 NOTICE:                                     
                                                                             
      To request limited oral argument on any matter on this                
     calendar, you                                                           
     must call the Court at (916) 874-5487 (Department 47) by               
     4:00 p.m. the                                                           
     day before this hearing and advise opposing counsel.                   
     Local rule 31(h).                                                       
     If no call is made the tentative ruling becomes the order              
     of the court.                                                           
                                                                             


                               TENTATIVE RULINGS                         

                                 Department  47
                          Superior Court of California              
                                 720 9th Street                            
                             RICHARD K. PARK, Judge
                               WELLS/BANKS, Clerk
                             T. ESCALANTE, Bailiff
                            December 15, 2000, 09:00

     ITEM  1  00AS01567 TAMI LESLY VS. CAROLYN IVETTE HAYNES, ET AL                 
              Nature of Proceeding: MOT TO CONSOLIDATE W/00AM04895     
              Filed By:                                


     Good cause appearing, and no opposition having been filed, defendant    
     Haynes' motion to consolidate Lesly v. Haynes, No. 00AS01567 with       
     Waggoner v. Haynes, No. 00AM04895 for all purposes including trial is   
     GRANTED. Lesly v. Haynes, 00AS01567 shall be the lead case. All future  
     filings shall be made in that case.                                     

     ***

     ITEM  2  96AS04158 CARLOS P. CHAVEZ VS. ANTHONY M. PEREZ, JR., ET AL           
              Nature of Proceeding: MOTION FOR SUMMARY JUDGMENT        
              Filed By: DEFENDANT ANTHONY M. PEREZ                               


     This matter will be heard in department 39 by Judge Cecil.              
                                                                             
     Defendant's Motion for Summary Judgment of the first amended complaint  
     is GRANTED. Plaintiff has filed no opposition. The undisputed evidence  
     shows that defendant in this legal malpractice action is entitled to    
     judgment as a matter of law on the issue of causation.                  
                                                                             
     Counsel for defendant shall prepare a formal order for the court's      
     signature.                                                              



     Department 47
     December 15, 2000
     Page  2
     _________________


     ***

     ITEM  3  98AS06071 RONALD G. BUSBY VS. TOMS SIERRA COMPANY, INC., ET AL        
              Nature of Proceeding: Motion To Continue Trial           
              Filed By:                                


     Defendant Semco moves to continue trial currently set for January 9,    
     2001 on two grounds: (1) new counsel has recently been substituted for  
     defendant and needs additional time to become familiar with the case and
     (2) there is a pending declaratory relief action in the Ninth Circuit   
     which could significantly effect this case. With respect to the         
     substitution of counsel, defendant asserts that prior counsel a solo    
     practioner was unable to provide an adequate defense for a case of this 
     size. Plaintiff opposes continuance on the ground that defendant has not
     established good cause. Plaintiff contends that the substitution of new 
     counsel compensated by defendant's carrier, without more, does not      
     constitute good cause for a continuance. Plaintiff further argues that  
     defendant has failed to advise the court of the status of the Ninth     
     Circuit case and when a ruling may be expected. Plaintiff asserts the   
     court cannot simply grant an open-ended continuance on this basis.      
     Finally, plaintiff notes that in the event a continuance is granted it  
     should be brief. None of the other parties have filed opposition to the 
     request for a continuance.                                              
                                                                             
     The court finds that defendant has established good cause for a brief   
     continuance based upon the substitution of counsel. Accordingly, the    
     court orders that this matter be placed upon January 16, 2001 trial     
     setting calendar to be heard in Department 47 at 10:00 a.m. No request  
     having been made to continue the settlement conference,  the December   
     19th settlment conference date is hereby confirmed.                     

     ***

     ITEM  4  99AS06071 CHAREICCIA REDD, ET AL VS. HILLTOP ASSOCIATES, LTD.         
              Nature of Proceeding: MOTION TO CONTINUE TRIAL           
              Filed By: CHRISTOPHER PATTON                               


     Calendared in error.                                                    
                                                                             

     ***



     Department 47
     December 15, 2000
     Page  3
     _________________

     ITEM  5  99AS06884 DELORES SIEBERT VS. RICHARD LAUNEY                          
              Nature of Proceeding:                                                             
              Filed By:                                


     Calendared in error.                                                    
                                                                             

     ***

     ITEM  6  00AM04895 IRENE WAGGONER VS. CAROLYN HAYES                            
              Nature of Proceeding: MOT TO CONSOLIDATE W/00AS01567     
              Filed By: HULSE, J. (ATY F/DEF)                               


     See ruling in item no. 1.                                               
                                                                             

     ***