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
March 1, 2000, 09:00
ITEM 1 00AS00028 BANKERS LEASING CORP. OF ST. PAUL VS. PATRIZIA BOLTON,ETAL
Nature of Proceeding: WRIT OF ATTACHMENT(2)/POSSESSION
Filed By: SPIWAK, LISA E.
The applications for writs of attachment and writs of possession are
granted as prayed. The writs of attachment are granted on condition
plaintiff files two bonds of $7,500, one for Patrizia Bolton and one for
Ronald Bolton. No bonds will be required prior to issuance of the writs
of possession.
***
ITEM 2 00CS00204 PAULETTE REISSMAN VS. FARMERS INSURANCE GROUP
Nature of Proceeding: MOTION TO COMPEL
Filed By: REISSMAN, PAULETTE
The petition is granted, since both petitioner and respondent agree the
matter should be arbitrated. Mr. David W. Falconer is appointed the
neutral arbitrator, again based on the agreement of both petitioner and
respondent.
***
ITEM 3 98AS01088 DIANE BROCCHI, ET AL VS. CHARLES DUNN COMPANY, ET AL
Nature of Proceeding: MOT RELEIVE DEF REQ PURS CCP1985.6(B)
Filed By: WALLIS, DAVID A.
The motion is granted conditionally. Kaiser may either release the
employees names, last known addresses and California driver's license
numbers only, or Kaiser may elect to personally serve, at their own
expense, the notice to employees required by the code.
Department 54
March 1, 2000
Page 2
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ITEM 4 98AS02452 RUFUS A. SPEAKS, III VS. ALBERT HAGEMYER, ET AL
Nature of Proceeding: MOTION TO WITHDRAW ATTY OF REC
Filed By: COHN, DONA E.
The motion to withdraw is granted. The Court will sign the order
submitted with the motion.
***
ITEM 5 98AS03802 MANUEL R. MARTINEZ VS. LESLIE BERNSTEIN, ET LA
Nature of Proceeding: MOTION FOR ORDER AWARDING ATTY FEES
Filed By: BERSTEIN, RICHARD P.
The motion is granted. The fees charged, and the amount spent in
defending the case appear reasonable. Defendants are awarded their
attorneys fees and costs in defending this matter in the amount of
$37,005.00.
This minute order is effective immediately. No formal order per C.R.C.
rule 391 is needed, however defendants are to notify plaintiff of the
Court's ruling forthwith.
***
ITEM 6 98AS05900 CMSH ELECTRICAL, INC. VS. STONE-CHENEY CONST. CO INC., ET AL
Nature of Proceeding: MOTION TO COMPEL
Filed By: HARMATA, DONALD D.
Dropped.
***
ITEM 7 99AS01033 GIUSEPPINA WEBER, ET AL VS. SAMUEL MARK JONES, ET AL
Nature of Proceeding: MOTION TO WITHDRAW ATTY OF REC
Filed By: HENK, ROBERT P.
Case transferred to Department 53
Department 54
March 1, 2000
Page 3
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ITEM 8 99AS02496 DORIS HAMILTON VS. DEPT. OF HEALTH AND HUMAN SERVICES, ET AL
Nature of Proceeding: MOTION TO WITHDRAW ATTY OF REC
Filed By: HENK, ROBERT P.
The motion to withdraw as counsel of record is granted on condition the
law firm files an amended declaration in department 54, no later than
Wednesday, March 1st, 2000, which complies with the requirements of
C.R.C. rule 376(c). The declaration must contain facts, not
conclusions, showing the service address is the client's current address
or last known address. If the latter, then service on the Clerk of the
Court must be made. See C.R.C. rules 376(c), 202.5, and C.C.P.
1011(b). Counsel should also submit an order, on the date set forth
above, which complies with C.R.C. rule 376(d).
If the amended declaration is sufficient, and the order is signed,
Counsel will continue to be the attorney of record until notice is
given, and the order is served, pursuant to C.C.P. 285 and C.R.C. rule
376(d).
This minute order is effective immediately.
***
ITEM 9 99AS02644 EMORY G. WEST VS. ANTONIO PREVEDELLO, ET AL
Nature of Proceeding:
Filed By:
The motion to lift the stay is granted. The parties have spent
considerable time and paper discussing the issue of whether defendants
have waived the right to arbitrate. That is irrelevant to the issue
before the court. The court must determine, on the state of the record
as it exists now, whether the stay should be lifted. Any conduct by the
parties undertaken as a result of the ruling of the Court may be
relevant to future motions, but is not relevant to this motion. At the
present time, the only parties who petitioned for arbitration have been
dismissed. A stay of the action is therefore no longer needed.
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.
Department 54
March 1, 2000
Page 4
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***
ITEM 10 99AS04362 BOBBY RAY VANBIBER VS. CLINTON EDWARD SHOWALTER, ET AL
Nature of Proceeding: MOTION TO WITHDRAW ATTY OF REC
Filed By: ESQUINA, LEONARD
The motion to withdraw as counsel of record is dropped from the Court's
calendar. The declaration of counsel makes it quite clear that the
service address is the client's last known address and the attorney has
been unable to locate a more current address. C.R.C. rule 376(c). The
motion should therefore have been served on the Clerk of the Court. See
C.R.C. rules 376(d), 202.5 and C.C.P. 1011(b).
***
ITEM 11 99AS05133 CHRISTINE KIM-LAN NGUYEN VS PAUL JAMES DONALD M.D., ET AL
Nature of Proceeding: MOTION TO COMPEL
Filed By: SHEEHAN, NANCY J.
Case transferred to Department 53
***
ITEM 12 99AS05256 ROY ZATTIERO VS. SILVIO PEREA, ET AL
Nature of Proceeding: MOTION FOR SANCTIONS
Filed By: ZATTIERO, ROY
Plaintiff's motion is dropped from the Court's calendar. The motion was
served with only 23 days notice, instead of the 26 days required by
C.C.P. 1005. Defective notice deprives the Court of jurisdiction to
rule on the matter. Lee v Placer Title Co. (1994) 28 C.A.4th 503, 509,
511.
***
ITEM 13 98AM09426 KATHLEEN MCKINNEY VS. CHADWICK BUFORD, ET AL
Nature of Proceeding: MOTION TO COMPEL
Filed By: LEWIS, LUTHER R.
Defendants' motion is granted. Plaintiff is ordered to appear for her
deposition at the law office of Correll & Associates, 3013 Douglas
Blvd., Suite 220, Roseville, Ca., 95661, on Wednesday, March 29th, 2000,
at 10:00 a.m. Plaintiff shall also produce, at that time and place, all
non-privileged documents, as requested, in the deposition notice dated
January 3rd, 2000.
This minute order is effective immediately. No formal order per C.R.C.,
rule 391 is needed, however defense counsel is to notify plaintiff of
the Court's ruling forthwith.
Department 54
March 1, 2000
Page 5
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***
ITEM 14 99AM03972 GENTRY FURNITURE INDUSTRIES VS. HOSSEIN G. TAHRANI, ET AL
Nature of Proceeding: DEFAULT HEARING
Filed By: ZAL, CYRUS
Continued to 03/21/2000
Appearance required. The Court will exercise its discretion and grant a
several judgment in this case, if warranted by the evidence presented.
***
ITEM 15 99AM06726 FOOD KING VS. KIMBERLY HILLARD
Nature of Proceeding: CLAIM OF EXEMPTION
Filed By: STASSTINOS, PAUL
Dropped.
***
