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
Susan Hudson, Bailiff
March 15, 2000, 09:00
ITEM 1 00AS00230 WIND RIVER ENTERPRISES INC., ET AL VS. EUGENE BRADELL, ET AL
Nature of Proceeding: WRIT OF ATTACHMENT
Filed By: MC ELHATTON, LAURIE J.
The writ of attachment to secure $28,016.50, will issue as prayed on
condition a bond of $7,500 is filed.
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ITEM 2 96AS01718 LISA JACOBS VS. MADISON HEALTH, ET AL
Nature of Proceeding: MOTION TO WITHDRAW ATTY OF REC
Filed By: MITCHELL, LESLIE M.
The motion to withdraw as attorney of record for the defendants is
granted. Counsel for defendant is to prepare an order for the Court's
signature which complies with the requirements of C.R.C. rule 376(d).
Counsel shall 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).
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ITEM 3 97AS03958 DENISE PERRY, ET AL VS. JAMES C. SCOTT, ET AL.
Nature of Proceeding: DEFAULT HEARING
Filed By: BAUMBERGER, ERNEST M.
Continued to 03/30/2000
Department 54
March 15, 2000
Page 2
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ITEM 4 98AS02554 MICHAEL DERYLO VS. BANK OF AMERICA, ET AL
Nature of Proceeding: MOTION TO DETERMINE GOOD FAITH SETTLEMENT
Filed By: COFFMAN, ERIN D.
The Court finds the settlement is in good faith. No opposition to the
motion has been filed.
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 5 98AS04194 LEVI JAMES KOSTICK, ET AL VS. ESTATE OF JEREMY JACK, ET AL
Nature of Proceeding: MOTION TO WITHDRAW ATTY OF REC
Filed By: COLLINS, MARK SCOTT
The motion to withdraw is unopposed and is granted. Counsel shall
submit a formal order complying with C.R.C. rule 376(d). Counsel shall
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).
***
ITEM 6 98AS06624 VICKI J. CARPENTER VS. INNCAL INCORPORATED, ET AL
Nature of Proceeding: SUMMARY JUDGMENT
Filed By: HORN, CHARLES H.
Continued to 04/10/2000
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,
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ITEM 7 99AS00454 BEVERLY KELLY VS. STATE OF CALIF DEPT OF VETERANS AFFAIRS
Nature of Proceeding: MOTION TO COMPEL
Filed By: HE, CHIAN
Plaintiff has waived any objections to the Form Interrogatories and
Request for Production of Documents. Plaintiff's preliminary statements
that she responds "without waiving objections" to the Form
Interrogatories, and her "General Objections" to the Request for
Production of Documents are stricken from plaintiff's answers to
defendant's Form Interrogatories and plaintiff's response to defendant's
Request for Production of Documents.
The motion to compel further answers to certain Form Interrogatories is
granted and denied as follows:
Plaintiff is to serve further answers to Form Interrogatories, ##6.3(c),
6.4(c) and (d), 6.5(b), (c), (d) and (e), 10.1(c), 12.2 and 12.3
Denied as to #12.6.
The motion to compel further responses to the Request for Production of
Documents is granted/denied as follows:
Plaintiff is to serve further responses to ## 1 and 6. Plaintiff has
not completely complied with the requirements C.C.P. 2031(g)(2).
Denied as to ##8-14.
The request for monetary sanctions is denied as the motion is unopposed.
The Court will not at this time enter any evidence or issue sanctions.
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 15, 2000
Page 3
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ITEM 8 99AS02804 MARY-ALICE COLEMAN VS. DEPARTMENT OF CONSUMER AFFAIRS
Nature of Proceeding: MOTION FOR ORDER MODIFYING SUBPOENA DUCES TECUM/EXPENSES
Filed By: COLEMAN, MARY-ALICE
The subpoena is modified so that defendants are entitled to copies of
plaintiff's relevant medical records which relate to symptoms plaintiff
claims to have suffered in this case, from December 16, 1996, forward.
Under the circumstances presented, sanctions are not awarded.
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 9 99AS05962 BONNIE DAVEY, ET AL VS. JANICE HENNESSEY
Nature of Proceeding: MOTION TO COMPEL
Filed By: JOHANSING, DAVID
Defendant's motions are granted. Plaintiffs Bonnie and Matthew Davey
are ordered to serve full and complete answers, without objections, to
defendant's Form Interrogatories, sets one; Plaintiff Bonnie Davey is
ordered to serve full and complete responses, without objections, to
defendant's Demand for Production and Inspection of Documents, set one,
and to produce the documents set forth in the responses.
The answers, responses and documents are to be served and produced no
later than Monday, March 27th, 2000.
The requests for sanctions is denied as the motions are unopposed.
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 10 99AS06742 JOSE GUADALUPE JAUREGUI VS. JESUS MERCADO
Nature of Proceeding: MOTION TO QUASH ANY POST-JUDGMENT ACTS
Filed By: MATULICH, STEVEN R.
The motions to set aside the default and default judgment, and to quash
any post-judgment acts are denied. Excusable neglect has not been
shown. It is not excusable to rely on some ambiguous language in a Case
Notice written in English, while ignoring the specific language in the
Summons regarding when an answer is required, which is written in
Spanish, defendant's language. Moreover, there is no evidence set
forth in the declaration as to whether defendant's wife and daughter can
read Spanish or English.
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 15, 2000
Page 4
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ITEM 11 98AM00126 XAY B. YANG, ET AL VS. TOU LEE CHASENGNOU
Nature of Proceeding: MOTION FOR ENTRY OF JUDGMENT
Filed By: KATZ, BRIAN R.
The motion is granted. Plaintiffs are to submit a proposed judgment for
the Court's signature to department 54 no later than Wednesday, March
15th, 2000.
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,
except that plaintiff shall serve Mr. Chasengnou with a copy of the
Court's ruling forthwith.
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ITEM 12 99AM06258 NORTHERN CAL COLLECTION SVC, INC VS. CITY CAFE CORP, ET AL
Nature of Proceeding: MOTION TO COMPEL
Filed By: WHITTINGTON, WILLIAM H. JR
Plaintiff's motion is granted. Defendant City Cafe Corp. is ordered to
serve full and complete answers, without objections, to plaintiff's
Special Interrogatories, set one, no later than Monday, March 27th,
2000.
The request for sanctions is denied as the motion is unopposed.
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 13 99AM06524 JUAN FANT VS. LUCKY FOODSTORES, ET AL
Nature of Proceeding: MOTION TO COMPEL (2)
Filed By: TONON, GAYLE K.
Defendant's motions are granted. Plaintiff is ordered to serve full and
complete answers, without objections, to defendant's Form
Interrogatories, set one; plaintiff is ordered to serve full and
complete responses, without objections, to defendant's Request for
Production of Documents, and is ordered to produce the documents set
forth therein.
The answers, responses and documents are to be served and produced no
later than Tuesday, April 4th, 2000.
The request for sanctions is denied as the motion is unopposed.
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 15, 2000
Page 5
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