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 13, 2000, 09:00
ITEM 1 98AS03720 SATAR HIDARINEJAD VS. SWISS MAX INC., ET AL
Nature of Proceeding: MOT.TO WITHDRAWN ATTY OF REC
Filed By: PERITORE, MICHAEL A.
The motion to withdraw is unopposed and is granted. The Court will
sign the formal order submitted with the motion.
***
ITEM 2 98AS03802 MANUEL R. MARTINEZ VS. LESLIE BERNSTEIN, ET LA
Nature of Proceeding: MOT. FOR RECONSIDERATION
Filed By: MARTINEZ, MANUEL R.
Continued to 01/21/2000
***
ITEM 3 98AS05900 CMSH ELECTRICAL, INC. VS. STONE-CHENEY CONST. CO INC., ET AL
Nature of Proceeding: MOTION TO COMPEL
Filed By: SHOWER, TYSON M.
Dropped.
Department 54
January 13, 2000
Page 2
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ITEM 4 99AS01644 STATE OF CA., ET AL VS. ALLIED MOLD & DIE CORP.
Nature of Proceeding: DEMURRER
Filed By: ANDERSON, RICHARD G.
Defendant's demurrers to the first and second counts are sustained
with leave to amend for failure to state a cause of action. Plaintiff
has not alleged facts that defendant knowingly submitted a false claim,
within the meaning of Government Code section 12650(b)(2). The Court is
not persuaded that the conslusive presumption meets the statutory
requirement of knowing presentation of a false claim.
Plaintiff may filed an amended complaint no later than January 24,
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.
***
ITEM 5 99AS01674 CHRISTOPHER ANTON, ET AL VS. WINDSWEPT VENTURES I, ET AL
Nature of Proceeding: MOTION TO COMPEL
Filed By: WEIDEMAN, ROBIN E.
Defendant's motion to compel Mike Cunningham to appear for
deposition is granted. Plaintiff Mike Cunningham is hereby ordered to
appear for his deposition on January 24, 2000, at the time and place set
forth in the deposition notice served on October 8, 1999. Plaintiff Mike
Cunningham is further ordered to pay defendant sanctions in the amount
of $525.00. Although the Court is not prepared to order terminating
sanctions at this time, plaintiff Cunningham's failure to appear as
ordered above will be considered grounds for such sanctions upon proper
motion.
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
January 13, 2000
Page 3
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ITEM 6 99AS02644 EMORY G. WEST VS. ANTONIO PREVEDELLO, ET AL
Nature of Proceeding: PET.TO COMPEL ARBITRAT/JOINDER
Filed By: MUDRICH, PAUL S.
Defendants Marcus & Millichap Real Estate Investment Brokerage
Company and Eduardo Cerna's petition to compel arbitration is granted.
The contract gives defendants the right to demand arbitration of this
dispute.
Defendants Antonio and Niva Prevedello's joinder in the petition to
compel arbitration is denied as untimely. Local Rule 3.19.
Pursuant to CCP 1281.2(c), the Court orders all parties to
arbitration, and stays this action pending the arbitration.
The minute order is effective immediately. No formal order pursuant
to CRC Rule 391 is required, and no further notice of this order is
necessary.
***
ITEM 7 99AS02942 PEOPLE OF CA. VS. KENNETH L. KAUFFMAN, ET AL
Nature of Proceeding: MOTION TO STRIKE
Filed By: MOSLEY, MOLLY K.
Dropped.
***
ITEM 8 99AS03566 KORETHA DELA TORRE VS. STATE OF CA., ET AL
Nature of Proceeding: MOTION TO COMPEL
Filed By: SALISBURY, LAWRENCE
Plaintiff's motion to compel further responses to request for
production of documents is unopposed and is granted as to requests nos.
1, 2, 3, 4, 5, 6, 7, 8. Defendant Roman Catholic Bishop's failure to
oppose this motion is deemed a concession as to its merit. All
objections are overruled except the assertions of the attorney-client
privilege and attorney work-product doctrine, and third party privacy.
As to documents protected by attorney-client privilege or attorney
work-product doctrine, defendant shall provide a privilege log.
Documents which implicate the privacy rights of third parties shall be
filed with the Court under seal for in camera review on the date set for
compliance below.
Further responses, without objection, and the privilege log shall be
served no later than January 24, 2000.
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
January 13, 2000
Page 4
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ITEM 9 99AS04726 PATRICK O'RIORDAN VS. FEDERAL KEMPER LIFE ASSURANCE CO,ET AL
Nature of Proceeding: DEMURRER
Filed By: FIRESTONE, DAVID A.
Defendants Federal Kemper Life Assurance Company and Kemper
Investors Life Insurance Company's demurrer to the complaint is
sustained/overruled as follows:
Overruled as to first count for breach of contract and second count
for breach of the impled covenant of good faith and fair dealing
(material terms of contract set forth in complaint);
Overruled as to third count for negligence (allegation of agency
sufficient to state cause of action under respondeat superior theory);
Sustained with leave to amend as to the fourth and fifth counts for
intentional misrepresentation-fraud, and sixth count for negligent
misrepresentation (insufficient factual specificity). If these counts
are based only on misrepresentations by defendant Hoyme, they should so
state.
Overruled as to the seventh count for intentional infliction of
emotional distress (denial of insurance benefits in bad faith
constitutes outrageous conduct; severe emotional distress sufficiently
pled as plaintiff is direct victim).
Sustained without leave to amend as to the eighth count for
negligent infliction of emotional distress (not an independent tort).
Defendants' motion to strike is denied as to prayer for punitive
damages (sufficiently supported by allegations re breach of the implied
covenant of good faith and fair dealing), and granted without leave to
amend as to prayer for lost profits and lost goodwill.
An amended complaint may be filed no later than January 24, 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.
***
ITEM 10 99CS02410 ROBERT PERNELL VS. BARRY WYATT
Nature of Proceeding: PETITION TO VACATE ARB AWARD
Filed By: GAUGER, MATTHEW J.
The petition to vacate arbitration award is denied. The arbitrator
did not fail to decide all questions necessary to determine the
controversy between the parties. The arbitrator's order that petitioner
Pernell fully indemnify respondent Wyatt with regard to payment of
vendor GSI Voter Contract, Inc. sufficiently resolves the issue of
indemnity. Specification of the actual amount is not necessary under
the circumstances, as the vendor's claim has not yet been finally
resolved. When that determination is ultimately made, petitioner will
be required to indemnify respondent to the extent that respondent is
found liable.
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
January 13, 2000
Page 5
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***
ITEM 11 99CS02526 IN RE: DAVID COOMBS
Nature of Proceeding: PETITION FOR CHANGE OF NAME
Filed By: COOMBS, DAVID
The petition is unopposed and is granted.
***
ITEM 12 99CS02660 KAISER FOUNDATION HOSPITALS, ET AL VS. SANDRA FERNDANDEZ
Nature of Proceeding: PET. TO APPOINT NEUTRAL ARBITRATOR
Filed By: MINDER, THOMAS G.
Dropped.
***
ITEM 13 98AM00502 VLY RDWD DSN & CONST VS. JOHN FREDERICK SCHNEIDER III, ET AL
Nature of Proceeding: MOT. TO RECLASSIFY LIMITED C
Filed By: SCOTT, ROBERTA LINDSEY
Defendant/Cross-Complainant Schneider's motion to transfer action
for lack of subject matter jurisdiction is unopposed and is granted.
***
