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
January 19, 2000, 09:00
ITEM 1 98AS01404 MARTIN EDWARDS VS. LESTER SIMMONS, ET AL
Nature of Proceeding: MOT. FOR PROTEC ORD/SANCTIONS/MOT. APPT REF/DEPO/SANCTIONS
Filed By: WANDLAND, DONALD M.
Plaintiff's motion for the appointment of a discovery referee is denied.
Mr. Zinicola's deposition is ordered to go forward on Thursday, January
20th, 2000. No sanctions can be awarded against defendants as the
declarations of Mr. Smith do not contain any evidence regarding the
number of hours spent on the motion or his hourly rate. The only
reference to this information is in the memorandum of points and
authorities, which is not evidence.
Defendants' motion for a protective order is denied. Plaintiff's
request for sanctions in opposing the motion is denied for the reason
stated in the motion for appointment of a discovery referee.
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 2 98AS04836 BALWINDER SINGH, ET AL VS. GROCERS INSURANCE COMPANY, ET AL
Nature of Proceeding: MOTION TO WITHDRAW ATTY OF REC
Filed By: MOORE, PATRICK L.
The motion to withdraw is granted. Schofield & Schiller will no longer
be the attorney of record once notice is given and the order is served,
as set forth in C.C.P. 285 and C.R.C. rule 376(d). The order need not
be served on the clerk, but may be served on the former client, at his
last known business and residence addresses.
Department 54
January 19, 2000
Page 2
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ITEM 3 98AS05700 CRAIG MCINTOSH, ET AL VS. H.C. ELLIOT HOMES, INC.
Nature of Proceeding: MOTION TO APPOINT SPEC MASTER/JOINDER
Filed By: JACOBSEN, KAREN L.
The motion to appoint a special master is granted. Joseph Ramsey is
appointed the special master. The special master shall have the duties
and powers set forth in the moving papers at page 7. Defendant is
ordered to prepare an order for the Court's signature which includes the
duties and powers of the special master and present it to department 54
for signature no later than Wednesday, January 19th, 2000.
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ITEM 4 99AS00092 DEBRA A. HUGHES VS COSTCO WHOLESALE CORP.
Nature of Proceeding: MOT. TO VAC/SET ASIDE ORD JUDG
Filed By: HAYES, SUSAN E.
Due to the unique procedural posture of this case, the Court deems the
motion to be a motion for relief from failure to file a request for
trial de novo in a timely manner. It is obvious from reading the
declarations submitted in support of and in opposition to the motion
that the request for trial de novo was not submitted timely, and that
the failure to submit it timely was due to mistake, inadvertence or
excusable neglect. C.C.P 1141.23, 473 and C.R.C. rule 1615(d). The
judgment is therefore vacated and this matter is put back on the civil
active list as of the date the request for trial de novo was filed,
November 15, 1999. The order of December 21, 1999, is therefore vacated
also.
Defendant is to pay plaintiff $23 for plaintiff having to file the
motion to correct a mistake of defendant's making.
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.
If a hearing is requested, the parties are to call 874-7584, department
39, Judge Cecil, for information.
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Department 54
January 19, 2000
Page 3
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ITEM 5 99AS03588 LESTER A. SIMMONS, ET AL VS. SUPERIOR NAT. INS., ET AL
Nature of Proceeding: MOTION TO STRIKE
Filed By: O'CONNELL, GEORGE L.
Plaintiff's motion to strike is denied. Plaintiff's motion to tax is
granted. Defendant's motion for attorney fees and costs is granted.
The Court finds that $31,000 is a reasonable amount for attorney fees
for the Special Motion to Strike.
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 99AS04676 CASCADES RESIDENTIAL OWNERS ASSO. VS. H.C. ELLIOT, INC
Nature of Proceeding: MOTION TO APPT SPEC MASTER/JOINDER
Filed By: JACOBSEN, KAREN L.
See item #3.
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ITEM 7 99AM00648 NORTHERN CALIFORNIA COLLECTION SERV, INC. VS. MARK PEARSON
Nature of Proceeding: CLAIM OF EXEMPTION
Filed By: ANDERSON, MARTY
Dropped.
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