NOTICE
To request a hearing on any matter on this
calendar, you must call the Court at (916) 874-7848
(Department 54) by 4:30 p.m. today. Local rule 31(h). If
no call is made the tentative ruling becomes the order of
the court.
TENTATIVE RULINGS
Department 54
Superior Court of California
800 H Street
Joe S. Gray, Judge
Barbara Baldy, Clerk
R. Sanchez-Jacobo, Bailiff
February 22, 2000, 09:00
ITEM 1 00CS00024 IN RE: ROOSEVELT COATS
Nature of Proceeding: PETITION FOR CHANGE OF NAME
Filed By: COATS, ROOSEVELT
The petition for change of name is granted.
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ITEM 2 00CS00146 PEOPLE OF THE STATE OF CALIF. VS. $3,266.00
Nature of Proceeding: MOTION TO STRIKE
Filed By: LEONARD, STEPHANIE
Dropped.
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ITEM 3 97AS04130 SACTO AREA FLOOD CONTROL AGENCY VS. KENNETH R. CARMICAL,ETAL
Nature of Proceeding: MOTION TO FILE AMENDED COMPLAINT
Filed By: CAMPBELL, ALAN C.
The motion to file a second amended complaint is granted. Defendants
argue that the second amended complaint is confusing since three
different Resolutions of Necessity have been adopted by plaintiff which
refer to different properties and different interests sought to be
taken; they are entitled to litigation expenses and a new date of
valuation; plaintiff did not comply with the procedure for partial
abandonment. However, the filing of the amended complaints was and is
to make it clear that additional property was sought to be taken, as to
some parcels, while no changes were sought as to other parcels. The
1998 and 1999 Resolutions of Necessity were needed to add property
sought to be taken. C.C.P. 1250.340(b). Since property sought to be
taken was not deleted from the complaint, plaintiff did not have to
follow the procedure for partial abandonment. C.C.P. 1250.340(c). On
August 18, 1998, plaintiff made a deposit for the additional property
interests added as a result of the filing of the first amended
complaint. Since the second amended complaint does not result in
condemnation of additional property interests, then no change of
valuation date is required. If plaintiff feels they are entitled to
litigation expenses incurred due to the filing of the second amended
complaint, they are to file and serve a motion for such no later than
Friday, March 3rd, 2000. The motion, opposition and reply papers are to
be noticed and served pursuant to regular motion practice.
This minute order is effective immediately. No formal order per C.R.C.
rule 391 is needed, nor is further notice of this ruling required.
Department 54
February 22, 2000
Page 2
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ITEM 4 97AS06708 CITY OF OAKLAND, ET AL VS. OAKLAND RAIDERS, ET AL
Nature of Proceeding: MOT. FOR ADJUDIC(3)/SUMM JUDG(3)
Filed By: CLEMENTS, TRACY M
The tentative ruling for this matter will be sent by e-mail to lead
counsel for the Raiders, The East Bay Entities, Mr. DeSilva, and Arthur
Andersen. They have agreed to disseminate the tentative ruling to
co-counsel. A hard copy of the ruling will be posted on the bulletin
board outside of Department 54. A limited number of additional copies
will be available after 2:00 p.m. from the clerk for Dept. 54.
A copy of the tentative ruling will be attached to, and incorporated in,
this minute order.
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ITEM 5 98AS05336 JACK WILLIAMS VS. VAN MANSON PARKER, ET AL
Nature of Proceeding: MOT FOR DET OF GOOD FAITH SETL
Filed By: TAYLOR, KELLI L.
The motion to determine that the settlement entered into between Van
Manson Parker, individually and dba Realty World/Parker and Associates
and the plaintiff is in good faith is granted. Based on the affidavits
and papers submitted, the Court finds the settlement satisfies the
Tech-Bilt factors. No opposition to the motion has been filed.
This minute order is effective immediately. No formal order per C.R.C.
rule 391 is needed, nor is further notice of this ruling required.
***
ITEM 6 98AS05992 RICHARD VAN MUNDELL VS. 7-11 FOOD STORE #14098
Nature of Proceeding: MOTION FOR EVIDENCE/SANCTIONS
Filed By: WRIGHT, LISA D.
Dropped.
Department 54
February 22, 2000
Page 3
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ITEM 7 99AS00448 LUKE G. CONLEY, III VS. MICROSOFT CORPORATION, ET AL
Nature of Proceeding: MOTION TO COMPEL
Filed By: CONLEY, LUKE G. III
Continued to 02/29/2000
***
ITEM 8 99AS00780 PATRICIA BJORNSEN, ET AL VS. JAMES T. HANSEN, M.D., ET AL
Nature of Proceeding: SUMMARY JUDGMENT
Filed By: SAUL, JOHATHAN A.
The motions for summary judgment by defendants Hansen, M.D. and
Medclinic Medical Group is denied. There is a triable issue of material
fact as to whether plaintiff was advised of the risks and hazards
involved with the EGD with pneumatic dilatation performed on November
17, 1997. See declarations of Miller, Bjornsen and Hansen. The Court
finds reasonable minds could differ and this cannot be decided as a
matter of law.
The prevailing party is directed to prepare an order for the court's
signature pursuant to CCP 437c(g). TERA PHARMACEUTICALS v. SUPERIOR
COURT(1985) 170 Cal.App.3d 530,
***
ITEM 9 99AS01138 DANIEL GONZALEZ VS. JAMES AUBREY, ET AL
Nature of Proceeding: MOTION TO COMPEL
Filed By: VARANINI, JEROME M.
Defendant Laguna Dental Tenants Association's motion is granted.
Plaintiff is ordered to serve a full and complete answer to
Interrogatory #17.1 with regard to each of defendant's Request for
Admissions, set one, which were denied. The answer(s) are to be served
no later than Friday, March 3rd, 2000.
This minute order is effective immediately. No formal order per C.R.C.
rule 391 is needed, nor is further notice of this ruling required.
Department 54
February 22, 2000
Page 4
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ITEM 10 99AS03214 REEANN HORN VS. WILSON WAY TIRE CO., INC., ET AL
Nature of Proceeding: MOTION TO COMPEL
Filed By: TURNER, BRIAN
Defendant Armstrong's motion is granted. Plaintiff is ordered to serve
full and complete answers, without objections, to defendant's Form
Interrogatories, set one; plaintiff is ordered to serve a full and
complete response, without objections, to defendant's Demand for
Production of Documents, set one and is also ordered to produce the
documents set forth in the response.
The answers, response and documents are to be served and produced no
later than Friday, March 3rd, 2000.
This minute order is effective immediately. No formal order per C.R.C.
rule 391 is needed, nor is further notice of this ruling required.
***
ITEM 11 99AS03910 PRAMOD RUSTAGI VS. MARK T. HAYWOOD, ET AL
Nature of Proceeding: Motion Appointing Receiver
Filed By:
Upon consideration of the moving papers and the opposing papers, the
Court denies the motion to appoint a receiver as the requirements for
appointment of a receiver have not been met.
This minute order is effective immediately. No formal order per C.R.C.
rule 391 is needed, nor is further notice of this ruling required.
***
ITEM 12 99AS04522 THOMAS CONSTRUCTION COMPANY VS. X-TRA SPACE, ET AL
Nature of Proceeding: Motion To Withdraw Atty of Rec
Filed By:
The motion to withdraw is dropped from the Court's calendar. Only 22
days notice was given of the motion, which was served by mail, instead
of the 26 days notice required by C.C.P. 1005.
Department 54
February 22, 2000
Page 5
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ITEM 13 99AS04852 DENISE L. JACKSON VS. ALLISON BRADLEY FLEMING
Nature of Proceeding: MOTION TO COMPEL
Filed By: SMITH, EDWARD A.
Continued to 03/22/2000
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ITEM 14 99AS05662 NANETTE DEAN VS. BRYAN J. ALDRICH, ET AL
Nature of Proceeding: DEFAULT HEARING
Filed By: MATULICH, STEVEN R.
The Court continues this matter to Thursday, February 24th, 2000, on its
own motion. Judge Gray having been disqualified, the matter is ordered
transferred to Department 53.
This minute order is effective immediately.
***
ITEM 15 99AS05850 ARIEL ARAUJO, ET AL VS. KAROL ZEE WIDEMON
Nature of Proceeding: MOTION TO FILE AMENDED COMPLAINT
Filed By: KERR, PHILIP A.
The motion to amend the complaint to add a defendant, Surety Company of
the Pacific, is granted. The amended complaint is to be filed and
served no later than Thursday, February 24th, 2000.
This minute order is effective immediately. No formal order per C.R.C.
rule 391 is needed, nor is further notice of this ruling required.
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ITEM 16 94C10546 LESTER WALDMAN VS FRED HULL
Nature of Proceeding: MOTION TO DISMISS
Filed By: BELL, TINA ANN
The motion to dismiss is granted on condition counsel files a
declaration in department 54, no later than Tuesday, February 22nd,
2000, stating facts showing why the motion was served on plaintiff by
serving him at an address other than the address of record set forth by
plaintiff in his substitution of attorney filed with the Court on
February 28, 1995.
Department 54
February 22, 2000
Page 6
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ITEM 17 99AM06220 ALLSTATE INSURANCE COMPANY VS. RAY ELLIOTT, ET AL
Nature of Proceeding: MOTION TO FILE AMENDED COMPLAINT
Filed By: CHARNESS, FRED M.
Plaintiff's motion is granted. Plaintiff is to file its second amended
complaint no later than Friday, February 25th, 2000. The copy of the
second amended complaint attached to the motion will not be filed but
will remain an exhibit to the motion.
This minute order is effective immediately. No formal order per C.R.C.
rule 391 is needed, nor is further notice of this ruling required.
***
ITEM 18 99AM08614 NORTHERN CAL. COLLECTION SVC., INC. VS. JOHN W. MALNAR, ETAL
Nature of Proceeding: MOTION TO SET ASIDE DEFAULT
Filed By: MALNAR, JOHN W.
The motion to set aside the default and default judgment is denied.
Although defendant contends he was never personally served, it is
undisputed his son was served on his behalf and the son lives at the
same address as the father. Furthermore, defendant has not stated that
he never received the copy of the summons and complaint that were
thereafter mailed to his residence. The file contains a proof of
service in which the process server states, under penalty of perjury,
that the summons and complaint were sent by mail to defendant after
subsituted service on his son. Defendant's arguments regarding his
bankruptcy and amounts he claims he is entitled to offset against the
judgment are not relevant.
This minute order is effective immediately. No formal order per C.R.C.
rule 391 is needed, nor is further notice of this ruling required.
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