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
Peggy Allen, Clerk
R. Sanchez-Jacobo, Bailiff
February 23, 2000, 09:00
ITEM 1 00AS00284 U.S. BANK NATIONAL ASSOC. VS. WIN INVESTMENT NETWORK, ET AL.
Nature of Proceeding: WRIT OF ATTACHMENT (2)
Filed By: LAMON, STEVEN A.
This matter is stayed pending resolution of defendants' motion to
change venue, set for hearing on March 13, 2000.
***
ITEM 2 00AS00558 WASHINGTON MUTUAL BANK VS. SUN PACIFIC MADISON, ET AL
Nature of Proceeding: OSC; APPT OF RECEIVER/PROTECT ORDER
Filed By: CORNELIUS, BRUCE
The application for appointment of receiver is granted. The
plaintiff has not waived the right to accellerate the note by accepting
the payments under the circumstances of this case. An undertaking of
$5,000.00 by applicant and a receiver's bond is required in the sum of
$50,000.00.
***
ITEM 3 00CS00074 IN RE: NAOMILENE HUNTLEY
Nature of Proceeding: PETITION FOR CHANGE OF NAME
Filed By: HUNTLEY, NAOMILENE
The petition is unopposed and is granted.
Department 54
February 23, 2000
Page 2
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ITEM 4 98AS00066 RANKIN & RANKIN, INC. VS. L & M CONSTRUCTION, ET AL
* JNP * Nature of Proceeding: MOTION FOR JUDGMENT
Filed By: ROSE, WILLIAM M.
Defendant and cross-complainant Imran Ali's motion for judgment
pursuant to stipulated settlement is unopposed and is granted.
The minute order is effective immediately. No formal order is
required pursuant to CRC Rule 391, except that defendant shall submit a
judgment for the Court's signature. (The proposed judgment submitted
with the moving papers contains incorrect information.)
***
ITEM 5 98AS02610 WILLIAM ROSS, ET AL VS. HEFNER, STARK & MAROIS, ET AL
Nature of Proceeding: MOTION FOR PROTECTIVE ORDER/SANCTIONS
Filed By: UYENO, MARK J.
Continued to 03/09/2000
***
ITEM 6 98AS04254 TOSCA TOUSSAINT VS. CHARLES EDWARDS, ET AL
Nature of Proceeding: MOTION TO RECLASSIFY ACTION
Filed By: JUCHAU, TODD A.
Defendant Charles Edwards' motion to reclassify this action as
limited jurisdiction is unopposed and is granted pursuant to CCP section
403.040.
***
ITEM 7 98AS06100 J. ALAN CATES V. CAL. STATE CONTROLLER'S OFFICE
Nature of Proceeding: MOT FOR ORD TO PRODUCE DOCS
Filed By: WOHL, CHRISTOPHER
Defendant's motion to quash notice to appear at trial is granted.
Plaintiff has not shown that Controller Kathleen Connell has personal
knowledge of the subject matter of her proposed testimony.
Plaintiff's motion to compel production of documents for inspection
is granted. Defendants shall produce the documents identified in the
moving papers, requests nos. 1-21, no later than February 25, 2000 at
10:00 a.m.
The minute order is effective immediately. No formal order pursuant
to CRC Rule 391 is required, and no further notice of the order is
necessary.
Department 54
February 23, 2000
Page 3
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ITEM 8 99AS00374 SHANNON O'BRIEN VS. LOU GALLIA
Nature of Proceeding: MOTION FOR TERMINATING SANCTIONS
Filed By: TENNANT, DAVID H.
Continued to 03/13/2000
***
ITEM 9 99AS01602 MARTIN DELGADO, ET AL VS. BUNTAIN CONSTRUCTION, INC.
Nature of Proceeding: MOTION FOR ISSUANCE OF SUBPOENA
Filed By: KOEPPEL, JOHN A.
The motion for issuance of commission to subpoena documents from
out-of-state witness and take oral out-of-state depositions is unopposed
and is granted.
The minute order is effective immediately. No formal order pursuant
to CRC Rule 391 is required. The Court will sign the Commission
submitted with the moving papers.
***
ITEM 10 99AS01674 CHRISTOPHER ANTON, ET AL VS. WINDSWEPT VENTURES I, ET AL
Nature of Proceeding: MOTION FOR TERMINATING/SANCTIONS
Filed By: WEIDEMAN, ROBIN E.
Defendants' motion for terminating sanctions against plaintiff Mike
Cunningham is unopposed and is granted. The uncontradicted evidence
establishes that plaintiff Cunningham failed to appear for deposition
three times, and failed to comply with the court's order of January 13,
2000, ordering him to appear for deposition. The Court finds that
lesser sanctions would be ineffective to induce plaintiff Cunningham to
comply with his discovery obligations.
The minute order is effective immediately. No formal order pursuant
to CRC rule 391 is required, but defendants shall submit a judgment of
dismissal for the Court's signature.
Department 54
February 23, 2000
Page 4
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ITEM 11 99AS02208 ANNAMARIE TAYLOR-WELCH VS. RONALD RYAN NEWBOLD, ET AL
Nature of Proceeding: MOTION TO WITHDRAW ATTY OF REC
Filed By: O'DONNELL, DANIEL G.
The motion to withdraw is dropped from calendar. Counsel's
declaration does not comply with CRC Rule 376(c) and Local Rule 3.10(B)
as it does not set forth facts showing that the address to which the
moving papers were mailed is the client's current address. If counsel
does not know the client's current address, counsel should serve the
clerk of the court. CCP 1011(b); CRC Rule 202.5.
***
ITEM 12 99AS02552 NADIA LANDO VS. KENNETH WAYNE BROOKS, ET AL
Nature of Proceeding: ORDER DETERMINING GOOD FAITH SETTLEMENT
Filed By: HAZARD, JAMES L.
Dropped.
***
ITEM 13 99AS02814 INTERCONTINENTAL NAIL PROD., INC. VS. TOOLTEX, INC., ET AL
Nature of Proceeding: MOTION TO COMPEL
Filed By: CAMPOS, DENNIS M.
Defendant Tooltex, Inc.'s motion to compel responses to form and
special interrogatories is unopposed and is granted. Plaintiff shall
provide responses, without objection, to form interrogatories and
special interrogatories (set one) no later than March 6, 2000.
The minute order is effective immediately. No formal order pursuant
to CRC Rule 391 is required, and no further notice of the order is
necessary.
***
Department 54
February 23, 2000
Page 5
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ITEM 14 99AS02924 TRANSNAT. PRNTNG. SRVCS., INC. VS. BLITZ MRKTNG, ET AL
Nature of Proceeding: MOT TO WITHDRAW ATTY OF REC/COMPEL
Filed By: MONTAGUE, JOHN D.
Dropped.
***
ITEM 15 99AS02942 PEOPLE OF CA. VS. KENNETH L. KAUFFMAN, ET AL
Nature of Proceeding: MOTION TO COMPEL
Filed By: MOSLEY, MOLLY
Plaintiff's motion to compel responses to interrogatories and to
have admissions deemed admitted is unopposed and is granted. Defendant
Kenneth L. Kauffman shall provide responses, without objection, to
interrogatories (set one) no later than March 6, 2000. The truth of the
matters referred to in request for admissions served on defendant
Kenneth L. Kauffman is hereby deemed admitted.
Sanctions pursuant to CCP section 2033(k) were not requested and are
therefore not awarded.
The minute order is effective immediately. No formal order pursuant
to CRC rule 391 is required, and no further notice of the order is
necessary.
***
ITEM 16 99AS02978 CARLOS RODRIGUES VS. APRIL VALENCIA, ET AL
Nature of Proceeding: MOTION TO COMPEL
Filed By: SNOOK, TERRENCE T.
Defendants' motion to compel production of vehicle for inspection is
unopposed and is granted. Plaintiff is ordered to produce the vehicle
described in the request for production of documents and things for
inspection on February 28, 2000, at the time and place set forth in the
request for production of documents and things served on November 24,
1999.
Sanctions are denied as the motion is unopposed.
The minute order is effective immediately. No formal order pursuant
to CRC Rule 391 is required, and no further notice of the order is
necessary.
Department 54
February 23, 2000
Page 6
_________________
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ITEM 17 99AS03338 CHARLES GYLES VS. KENNETH MATHER, ET AL
Nature of Proceeding: MOTION TO WITHDRAW ATTY OF REC
Filed By: LASKIN, ALAN M.
The motion to withdraw is unopposed and is granted on condition that
prior to hearing counsel file a declaration stating facts showing that
the address to which the moving papers were served is the client's
current address. CRC Rule 376(c); Local Rule 3.10(B). Counsel shall
submit a formal order pursuant to CRC Rule 376(D).
***
ITEM 18 99AS05552 JAMES GONZALES VS. CA DEP OF SOCIAL SERV.
Nature of Proceeding: MOTION TO COMPEL
Filed By: MANFORD, RICHARD L.
Dropped.
***
ITEM 19 99AS07040 CARLA WEBB VS INTERNET NETWORK TECHNOLOGIES
Nature of Proceeding: MOTION FOR SANCTIONS
Filed By: WYATT, L. KENT
Continued to 02/25/2000
Pursuant to the amended notice of motion, this matter is continued
to February 25, 2000.
***
ITEM 20 99CS02610 BALL, BALL, & BROSAMER, INC. VS. STATE OF CALIFORNIA, ET AL
Nature of Proceeding: PETITION TO PARTIALLY VACATE
Filed By: PIERCE, TIMOTHY L.
The petition to partially vacate the arbitration award is granted as
prayed. The award as to Claim I (damages for initial access delay) and
Claim III (extra costs incurred for excavation) is not decided in
accordance with the laws of this State. Public Contract Code section
10240.12.
Department 54
February 23, 2000
Page 7
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ITEM 21 98AM03128 HOUSEHOLD FINANCE CORPORATION VS. ARTHUR CAJIGAS
Nature of Proceeding: MOTION FOR ASSIGNMENT ORDER
Filed By: ZIDE, FLINT C.
Plaintiff's motion for assignment order is granted as to an
assignment of 25% of defendant's future earnings, salary and wages from
Studio 28, Inc. The remaining terms of the proposed order are denied.
Plaintiff shall submit a formal order in compliance with this ruling.
***
