Tentative Rulings Department 54 of California March 17, 2000
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 17, 2000, 09:00
ITEM 1 00CS00226 IN RE: ANDREA ALVAREZ FERNANDEZ
Nature of Proceeding: PETITION FOR CHANGE OF NAME
Filed By: FERNANDEZ, GEORGE JR
The petition for change of name is granted on condition petitioners file
a proof of service of the petition by publication, in department 54 no
later than the day of the hearing.
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ITEM 2 98AS03716 RICHARD M. WALKER CONSTRUCTION VS. SAN JUAN UNIFIED SD, ETAL
Nature of Proceeding: SUMMARY JUDGMENT
Filed By: FOWLER, LAURA J.
Dropped.
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ITEM 3 98AS05138 KAREN MCLAUGHLIN VS. COSTCO, ET AL
Nature of Proceeding: MOTION TO COMPEL
Filed By: SCHMITZ, ANNE
Continued to 03/23/2000
Department 54
March 17, 2000
Page 2
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ITEM 4 99AS04892 MELISSA FEW VS. HOMAR BADAL, ET AL
Nature of Proceeding: MOTION TO COMPEL
Filed By: DONALD, JAMES
A motion is deemed made when filed. C.C.P. 1005.5. C.R.C. rule 335
requires that a motion to compel further discovery must be accompanied
by a separate document setting forth the request, the response, and the
reason a further response is required. The notice of motion was served
on February 15, 2000, pursuant to the parties agreement to extend the
jurisdictional requirement to serve notice of the motion to compel
further discovery responses within 50 days of service by mail of the
response. The motion was filed on February 16, 2000. Plaintiff's
opposition, filed March 8th, 2000, is based on the fact no C.R.C. rule
335 document was filed and served on plaintiff. The proof of service of
the motion does not state a C.R.C. rule 335 document was served on
plaintiff. The C.R.C. rule 335 document was not filed by defendant
until March 10th, 2000, and there is no separate proof of service
showing it was served on plaintiff. At the time the motion was made,
therefore, the C.R.C. rule 335 document did not accompany it, nor was it
filed 26 days prior to the hearing. C.C.P. 1005(b). Defendant's
motion is therefore denied.
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 99AM05932 RETAILERS CREDIT ASSN OF SACTO VS. MANUAL TORRES, ET AL
Nature of Proceeding: MOTION TO COMPEL
Filed By: SIPES, MICHAEL
Plaintiff's motion is granted. Defendants Manuel and Marie Torres are
ordered to serve full and complete answers, without objections, to
plaintiff's Form Interrogatories, sets one, no later than Thursday,
April 6th, 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 17, 2000
Page 3
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