Tentative Rulings Department 54 of California January 11, 2000
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
Thomas M. Cecil, Judge
Barbara Baldy, Clerk
R. Sanchez-Jacobo, Bailiff
January 11, 2000, 09:00
ITEM 1 98AS03148 FUAD PHILIP GABRIEL VS. BRET A. DONALDSON, ET AL
Nature of Proceeding: SUMMARY JUDGMENT (2)
Filed By: HIRSIG, PETER J.
Continued to 01/14/2000
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ITEM 2 98AS03524 SHANNON LORENE TOLIVER VS. REGENTS OF THE UNIV OF CA, ET AL
Nature of Proceeding: SUMMARY JUDGMENT
Filed By: CORR, JONATHAN A.
Continued to 02/18/2000
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ITEM 3 98AS05956 MARY KAY FIFFICK VS. JILIAN N. REIDEL
Nature of Proceeding: MOTION TO COMPEL
Filed By: CLAUSS, PAUL C.ESQ
Dropped.
Department 54
January 11, 2000
Page 2
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ITEM 4 98AS06262 DMITRY MELNIK VS. MELINDA BROWN
Nature of Proceeding: MOTION TO VACATE ARBITRATION ORDER
Filed By: SAMELSON, LAWRENCE D. ESQ
This matter is dropped from calendar as it must be heard by the
Court's ACT department. Moving party should refile the motion in Dept.
34 for hearing on any Thursday at 8:30 a.m. If there is no objection to
the motion by any party, moving party may file an ex parte application
with no appearance required.
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ITEM 5 99AS01074 CITY OF LODI VS. UNIGARD INSURANCE COMPANY
Nature of Proceeding: MOTION FOR SUMMARY ADJUDICATION
Filed By: ZARAGOZA, DENNIS ESQ
Continued to 01/20/2000
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ITEM 6 99AS03088 MARK MAJOR VS. LAWYER'S MUTUAL INS. CO., ET AL
Nature of Proceeding: DEMURRER
Filed By: MEDEIROS, SHERYL C.
The demurrer is unopposed and is sustained without leave to amend
for failure to state a cause of action. The lack of opposition is
deemed to be a concession of the merits of the demurrer, and that
plaintiff is unable to amend the complaint to state a cause of action.
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, except that defendant shall submit a judgment of dismissal.
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Department 54
January 11, 2000
Page 3
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ITEM 7 99AS03566 KORETHA DELA TORRE VS. STATE OF CA., ET AL
Nature of Proceeding: MOT. TO FILE AMENDED COMPALINT
Filed By: SALISBURY, LAWRENCE
Plaintiff's motion for leave to file third amended complaint is
unopposed and is granted.
Plaintiff shall file the proposed third amended complaint
accompanying the moving papers no later than January 21, 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.
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ITEM 8 99AS04228 UNITED RENTALS, INC. VS. TERRY R. BROUGHTON, ET AL
Nature of Proceeding: MOTION TO QUASH SERVICE OF SUMMONS
Filed By: PARSHALL, STEPHAN L.
The motion to quash is unopposed and is granted. The undisputed
evidence before the Court establishes that defendant Richard D.
Kollenberg is not a general partner of defendant Midway Construction and
he is not authorized to accept service on behalf of defendant Midway
Construction. The summons and complaint served on Richard D. Kollenberg
as a general partner on behalf of Midway Construction, a California
partnership, is hereby quashed.
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.
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ITEM 9 99AS05310 LARRY DEBOIARD, ET AL VS JOSEPH MYERS, ET AL
Nature of Proceeding: MOTION TO COMPEL
Filed By: WOO, PEGGY L.
Dropped.
Department 54
January 11, 2000
Page 4
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ITEM 10 99CS02500 IN RE: PRESTON A. ALLEN-JONES
Nature of Proceeding: PETITION FOR CHANGE OF NAME
Filed By: ALLEN-JONES, PRESTON A.
The petition is unopposed and is granted.
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ITEM 11 99CS02504 IN RE: CARL WESLEY BARNES, ET AL
Nature of Proceeding: Petition For Change Of Name
Filed By:
The petition is unopposed and is granted.
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ITEM 12 99CS02508 IN RE: BYRON LAMAAR WATSON JR.
Nature of Proceeding: Petition For Change Of Name
Filed By:
The petition is unopposed and is granted.
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ITEM 13 97AM08406 ANDREA WARREN-WEEMS VS. ALLEN WAYNE WARREN
Nature of Proceeding: MOT. FOR ENTRY OF JUDGMENT
Filed By: MARTIN, THOMAS W.
Plaintiff's motion for entry of judgment pursuant to terms of
stipulated settlement is unopposed and is granted. Plaintiff shall
submit a formal judgment for the Court's signature.
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