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 18, 2000, 09:00
ITEM 1 95AS05628 DAVID MOSCOVIC, ET AL VS. ROBERT ACHTEL, M.D., ET AL
Nature of Proceeding: MOT. FOR ORDER DET. GOOD FAITH
Filed By: GOLDRICK, MILES T.
Plaintiffs and cross-defendants David Moscovic and Philip
Scheinberg's motion for order determining good faith settlement is
granted. This ruling is limited to the settlement entered into by
moving defendants only, and to the Wells Fargo claim(s) only.
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 2 98AS01176 TARA GROGAN, ET AL VS. ALTA CALIFORNIA REGIONAL CENTER, ETAL
Nature of Proceeding: SUMMARY JUDGMENT (2)
Filed By: SMITH, TED A.
Continued to 01/25/2000
***
ITEM 3 98AS02996 GARY PALMER VS. UNIVERSITY OF CALIFORNIA, ET AL
Nature of Proceeding: SUMMARY JUDGMENT/ADJUDICATION
Filed By: SHEEHAN, NANCY J.
Continued to 03/02/2000
Department 54
January 18, 2000
Page 2
________________
***
ITEM 4 98AS05364 VINCENT A. GANTT VS. GARVILL JACKSON-WILBON
Nature of Proceeding: MOTION TO COMPEL
Filed By: TAYLOR, KELLI L.
Defendant's motion to compel responses to special interrogatories is
dropped from calendar, as it does not comply with the time for service
required by CCP 1005 and CRC 317 effective January 2, 2000. The Court
does not have jurisdiction to decide a motion that has not been served
so as to provide the amount of notice required by statute.
***
ITEM 5 98AS05548 KIP STEELY VS. CALIFORNIA DEPARTMENT OF HEALTH SERVICES
Nature of Proceeding: MOTION TO COMPEL
Filed By: SIMAS, STEVEN L.
Defendant's motion to compel plaintiff to appear for deposition is
unopposed and is granted. Plaintiff shall appear for deposition on 10
days written notice, on the date, time and place convenient for moving
party. Further meet and confer efforts are not required.
Sanctions in the amount of $1,570 are awarded against plaintiff and
her counsel, jointly and severally.
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 6 98AS06594 JENNIFER MCELFRESH VS. NATIONAL MARKET SHARE, INC., ET AL
Nature of Proceeding: DEFAULT HEARING
Filed By: JARAMILLO, AMIEL
Appearance Required.
***
Department 54
January 18, 2000
Page 3
________________
ITEM 7 99AS00448 LUKE G. CONLEY, III VS. MICROSOFT CORPORATION, ET AL
Nature of Proceeding: MOTION FOR SUMMARY ADJUDICATION
Filed By: PASAHOW, LYNN H.
Defendant William Gates III motion for summary adjudication of the first
cause of action, strict products liability, and the fifth cause of
action, breach of warranty of fitness and merchantability, is granted.
Defendant has shown, by uncontradicted evidence, that he cannot be held
personally liable under these theories as a matter of law. Plaintiff's
request for another contiuance of this matter is denied.
This minute order is effective immediately.
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 8 99AS03060 MAXINE SICK VS. MATTHEW D. FREITAS, ET AL
Nature of Proceeding: DEMURRER
Filed By: BISHOP, MICHAEL A.
Defendants Nicholas Ruff, Norman Ruff and Donna Schmidt's demurrer
to the third count for intentional infliction of emotional distress is
sustained with leave to amend for failure to state a cause of action.
First, as to all demurring defendants, there is no allegation in this
count that plaintiff suffered severe emotional distress. Secondly, the
liability imputed to defendants Norman Ruff and Donna Schmidt under
Civil Code section 1714.1 is limited to medical, dental and hospital
expenses. Even if the court were to infer from the facts that plaintiff
suffered severe emotional distress, there are no facts set forth that
plaintiff sustained medical or hospital expenses for treatment of her
emotional distress.
Defendants' motion to strike references to defendants Norman Ruff
and Donna Schmidt from the first count for negligence is granted with
leave to amend. Defendants Norman Ruff and Donna Schmidt may be
directly liable for their own negligence, but they are not vicariously
liable for the negligence of their child, except for certain situations
which are not pleaded here. See Witkin, Summary of Cal. Law (9th Ed.)
Torts, sections 1001 et seq. Liablity under section 1714.1 arises upon
willful misconduct; in this count plaintiff alleges she was injured by
the minors' negligent acts. Other allegations within this count that
the minors acted recklessly and with malice are surplusage and
disregarded for the purposes of this ruling.
Defendants' motion to strike the prayer for punitive damages against
defendants Norman Ruff and Donna Schmidt is granted without leave to
amend. Imputed liability under section 1714.1 is limited to medical,
dental and hospital expenses.
Plaintiff may file an amended complaint no later than January 28,
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
January 18, 2000
Page 4
________________
***
ITEM 9 99AS03122 MABON KETCHUM VS. SACRAMENTO CITY MUNI. DIST., ET AL
Nature of Proceeding: MOTION TO COMPEL
Filed By: UNIVERSAL, JON A.
Defendants' motion to compel responses to form and special
interrogatories is unopposed and is granted. Plaintiff shall serve
responses, without objection, to form interrogatories (set one) and
special interrogatories (set one) no later than January 28, 2000.
The minute order is effective immediately. No formal order pursuant
to CRC Rule 391 is required. The Clerk is directed to mail a copy of
the minute order to plaintiff.
***
ITEM 10 99AS03642 RUBICON TAHOE OWNER, INC. VS. GRANT M. INMAN, ET AL
Nature of Proceeding: MOTION TO COMPEL
Filed By: ZUMBRUN, RONALD A.
Plaintiff's motion to compel responses to form and special
interrogatories and request for production of documents is granted. The
service of responses after a motion to compel is filed does not nullify
the motion, as it is made upon filing. The belated responses will be
deemed responsive to this order for purposes of further proceedings, if
any.
Plaintiff's attempt to move for further responses as a supplement to
its original motion will not be considered by the Court. A separate
motion for further responses is required, with proper notice. Those
requirements have not been met.
The Court finds defendants' opposition is without substantial
justification and awards sanctions in the amount of $500 against
defendants and their attorney of record, jointly and severally.
The minute order is effective immediately. No formal order is
required pursuant to CRC Rule 391 and no further notice of the order is
necessary.
***
Department 54
January 18, 2000
Page 5
________________
ITEM 11 99AS04454 CENTURY SURETY COMPANY VS. TOM JACKSON, ET AL
Nature of Proceeding: DEMURRER/MOTION TO STRIKE
Filed By: DALEY, TIMOTHY A.
Continued to 02/17/2000
***
ITEM 12 99AS05222 TROY ANTHONY GORDON VS. REGENTS OF THE UNIVERSITY OF CALIF.
Nature of Proceeding: DEMURRER
Filed By: CORRICK, W. DAVID
Dropped.
***
ITEM 13 99AS05256 ROY ZATTIERO VS. SILVIO PEREA, ET AL
Nature of Proceeding: MOTION TO COMPEL
Filed By: ZATTIERO, ROY
Plaintiff's motion to compel responses to form interrogatories and
requests for production of documents, and to have admissions deemed
admitted is unopposed and is granted. Defendant shall serve responses
to form interrogatories and request for production of documents, without
objection, no later than January 28, 2000. The truth of the factual
matters set forth in the request for admissions is hereby deemed
admitted.
Sanctions are denied as plaintiff is in pro per.
Plaintiff shall immediately notify defendant by telephone (or leave
a telephone message if defendant is unavailable) that the time of the
hearing is 9:00 a.m. on January 18, not 2:30 p.m. as indicated on some
of the moving papers.
The minute order is effective immediately. No formal order pursuant
to CRC Rule 391 is required. The Clerk is directed to mail a copy of
the minute order to defendant.
Department 54
January 18, 2000
Page 6
________________
***
ITEM 14 99AS07094 DEMETRA SARGETIS VS. JOSEPH MOHAMED, SR. ET AL
Nature of Proceeding: PRELIMINARY INJUNCTION
Filed By: SARGETIS, JOHN S.
The application for a preliminary injunction is granted.
Plaintiff's evidence establishes a likelihood of prevailing on the
merits and irreparable injury if the injunction is not granted.
Plaintiff shall submit a formal order and file an undertaking in the
amount of $5,000 no later than January 19, 2000, pursuant to CRC 359(g).
***
ITEM 15 99CS02464 IN RE: KAESHAUN RAYSHAD SHAMSID-DEEN HARRIS
Nature of Proceeding: PETITION FOR CHANGE OF NAME
Filed By: SHADIAH, SHAMSID-DEEN
The petition is unopposed and is granted on condition that proof of
publication is filed prior to hearing.
***
ITEM 16 99CS02566 IN RE: ADRIANNA JEFFRIES
Nature of Proceeding: PETITION FOR CHANGE OF NAME
Filed By: VASQUEZ, ALEX
The petition is unopposed and is granted.
***
