Tentative Rulings Department 53 of California August 06, 2002





                                                                             
                                 NOTICE:                                     
                                                                             
      To request limited oral argument on any matter on this                
                                                                             
     calendar, you must call the Court at (916) 874-7858                    
                                                                             
     (Department 53) by 4:00 p.m. the day before this hearing               
                                                                             
     and advise opposing counsel. Local rule 31(h). If no                   
     call                                                                    
     is made the tentative ruling becomes the order of                      
     the                                                                     
     court.                                                                  
                                                                             


                               TENTATIVE RULINGS                         

                                 Department  53
                          Superior Court of California              
                          800 Ninth Street, 3rd Floor               
                            LOREN E. McMASTER, Judge
                                 T. WEST, Clerk
                              L. STEWART, Bailiff
                             August  6, 2002, 02:00

     ITEM  1  00AS04991 KIMBERLY DOUGLAS VS. LAWRENCE STUART GIRARD, ET AL          
              Nature of Proceeding: MOTION FOR ENTRY OF JUDGMENT                                
              Filed By: REDIGER, ROBERT L.                               


     Plaintiff Kimberly Douglas' Motion for Entry of Judgment against        
     Lawrence Stuart Girard pursuant to Terms of Stipulated Settlement is    
     unopposed, and is GRANTED.                                              
                                                                             
     Plaintiff has submitted a copy of the confidential written settlement,  
     reflecting that she is entitled to summary entry of judgment against    
     Lawrence Stuart Girard in the amount of five thousand dollars ($5,000), 
     together with reasonable attorneys' fees and costs.   (Settlement       
     Agreement, paras. 4 and 9.)  C.C.P. section 664.6.  As no opposition was
     filed to this Motion, the reasonable attorneys' fees and costs in       
     bringing the motion are $1,583.00 (six hours at $260/hour), together    
     with the $23 filing fee.                                                
                                                                             
     The confidential settlement agreement submitted for the Court's review, 
     has been destroyed by the Court, to preserve its confidentiality.       
                                                                             
     Counsel for moving party shall submit a formal order and judgment.      
                                                                             



     Department 53
     August  6, 2002
     Page  2
     _______________


     ***

     ITEM  2  01AS02049 STANLEY A. GINKENS, ET AL VS. RICHARD SMEAL                 
              Nature of Proceeding: Summary Judgment                   
              Filed By: GLASSMAN, ERIC J.                               


     Dropped. 

                                                                             
                                                                             

     ***

     ITEM  3  01AS02497 LUCILLE LUX, ET AL VS. BRUCE JAY COHN, M,D,, ET AL          
              Nature of Proceeding: Motion To Withdraw Atty of Rec     
              Filed By: UHRHAMMER, AMANDA                               


          The motion of counsel for plaintiff to withdraw as attorney of     
     record is granted.  The court will sign the order submitted with the    
     moving papers.                                                          

     ***

     ITEM  4  01AS04205 SANDRA SLOCUM, ET AL VS. CALIFORNIA BURGERS, ET AL          
              Nature of Proceeding: Summary Judgment                   
              Filed By: RAGAN, JENNIFER L.                               


     Continued to 08/16/2002

                                                                             
                                                                             

     ***

     ITEM  5  01AS05741 IGNACIO AGUILAR, ET AL VS. CARL ANTHONY BANKS, JR., ET AL   
              Nature of Proceeding: MOITON TO DESIGNATE UM/UIM CLAIM                            
              Filed By: DILLON, LURA L.                               


          Defendants' motion to designate this action as an                  
     unisured/underinsured motorist claim is denied.  However, the court will
     stay this action while plaintiffs pursue their claim under Insurance    
     Code Section 11580.2.                                                   
                                                                             
          This minute order is effective immediately.  No formal order is    
     required, the tentative ruling being sufficient notice.                 



     Department 53
     August  6, 2002
     Page  3
     _______________


     ***

     ITEM  6  01AS05889 JOSEPH FJEDSTAD, ET AL VS. DELORES JEAN JONES               
              Nature of Proceeding: Motion To Compel                   
              Filed By: MASON, STEPHEN A.                               


         Dropped at the request of the moving party.                         
                                                                             

     ***

     ITEM  7  01AS07503 PARICHAN, RENBERG, ETC. VS. CLARENDON NATL INS CO, ET AL    
              Nature of Proceeding: Motion To Strike                   
              Filed By: SWERDLOW, ALAN E.                               


     Continued to 08/20/2002

                                                                             
                                                                             

     ***

     ITEM  8  01AS07503 PARICHAN, RENBERG, ETC. VS. CLARENDON NATL INS CO, ET AL    
              Nature of Proceeding: DEMURRER                           
              Filed By: SWERDLOW, ALAN E.                               


     Continued to 08/20/2002

                                                                             
                                                                             

     ***

     ITEM  9  02AS01297 ERIN MCATEE, ET AL VS. ROBERT WILLIAMS, ET AL               
              Nature of Proceeding: Default Hearing                    
              Filed By: WOODS, BRINY                               


          Dropped.  The court will not render a default judgment against some
     defendants while the matter still pends as to others.                   



     Department 53
     August  6, 2002
     Page  4
     _______________


     ***

     ITEM 10  02AS01377 W. SCOTT WILMETH VS. E. CARL IANNACE, JR.                   
              Nature of Proceeding: Demurrer                           
              Filed By: MARTIN, DAVID A.                               


          Defendant's general demurrer to the third through seventh causes of
     action is sustained for failure to state a cause of action.  The special
     demurrer on the ground of uncertainty is also sustained.  The special   
     demurrer on the ground another action is pending is overruled.          
     Plaintiff is given leave to amend.  Any amended complaint shall be filed
     and served by August 26, 2002.  Responsive pleadings shall be filed 10  
     days thereafter, 15 days if service is by mail.                         
                                                                             
          This minute order is effective immediately.  No formal order is    
     required, the tentative ruling being sufficient notice.                 
                                                                             

     ***

     ITEM 11  02CS00913 ANTHONY GRIFFIN, ET AL VS. ALLIED INSURANCE GROUP           
              Nature of Proceeding: Petition To Compel Arbitration     
              Filed By: LOWE, NICHOLAS K.                               


          Dropped.  There is no proof of service in the court's file. (CRC   
     Rule 317 (c).) When the petition is served, service must comport with   
     CCP 1290.4.                                                             

     ***

     ITEM 12  02CS00971 SANDRA HOLLETT, ET AL VS. MERCURY INSURANCE CO.             
              Nature of Proceeding: Motion To Compel                   
              Filed By: REYSNER, PIOTR G.                               


          Dropped.  Respondent must serve the motion on claimants in the same
     manner as a summons and complaint for the court to have jurisdiction    
     over claimants.                                                         
                                                                             

     ***



     Department 53
     August  6, 2002
     Page  5
     _______________

     ITEM 13  99AS04529 DAVID WARREN, ET AL VS. CROSSWOODS HOMEOWNERS ASSOC         
              Nature of Proceeding: MOTION TO COMPEL(3)                
              Filed By: KAMINSKI, BRUCE                               


          Plaintiff's motions to compel further responses to discovery are   
     unopposed and granted.  Compliance shall be by August 16, 2002.         
     Sanctions are denied as the motions are not opposed.                    
                                                                             
          This minute order is effective immediately.  No formal order is    
     required, the tentative ruling beng sufficient notice.                  

     ***

     ITEM 14  01CM01465 STATE OF CALIFORNIA, ET AL VS. RONALD POWE                  
              Nature of Proceeding:                                                             
              Filed By:                                


          Although the judgment debtor has not filed an amended financial    
     declaration as the court directed, the court is satisfied from the      
     declaration in the file that the claim of exemption should be granted in
     its entirety.                                                           

     ***

     ITEM 15  01CM02559 STATE OF CALIFORNIA, ET AL VS. TREVIS A. LANGFORD           
              Nature of Proceeding: CLAIM OF EXEMPTION                                          
              Filed By: LUTTON, B.                               


                                                                             
     Appearance Required.                                                    

     ***

     ITEM 16  02AM00703 ISRAEL RAMIREZ VS. JACK ALVIN COTTRELL                      
              Nature of Proceeding: Motion To Reclassify Limited C     
              Filed By: JANSEN, MICHAEL W.                               


          Plaintiff's motion to reclassify the action as one of unlimited    
     jurisdiction is granted. Upon payment of the reclassification fee, the  
     clerk shall reclassify the case as one of unlimited jurisdiction.       
                                                                             
          This minute order is effective immediately.  No formal order is    
     required, the tentative ruling being sufficient notice.                 



     Department 53
     August  6, 2002
     Page  6
     _______________


     ***

     ITEM 17  02AM03953 HEATHER PITTS VS. JENNIFER JONES, ET AL                     
              Nature of Proceeding: Default Hearing                    
              Filed By: SCHWARZKOPF, RONALD C.                               


                                                                             
     Appearance Required.                                                    

     ***

     ITEM 18  02AM04775 JOAN E. ALLGOR VS. GRANT UNION HIGH SCHOOL DISTRICT, ET AL  
              Nature of Proceeding: Demurrer                           
              Filed By: SAN PEDRO, JANETH D.                               


          The demurrer of Grant Union and American River is sustained without
     leave to amend.  Plaintiff has never filed a claim against American     
     River. She filed a claim and an application to present late claim       
     against Grant Union which was denied.  The complaint is premature       
     because at the time it was filed plaintiff had not requested and been   
     granted relief from the claims requirement. Plaintiff has filed a       
     petition in opposition to the demurrer but that is not a reason to      
     overrule the demurrer.                                                  
                                                                             
          Plaintiff's petition for leave to file a late claim is denied.     
                                                                             
          Plaintiff argues that she is pro per and did not know about the    
     claims requirement.  Ignorance does not constitute mistake,             
     inadvertence, surprise, or excusable neglect. In any event, plaintiff's 
     own exhibits show she was told in November 2001 about the claims        
     requirement by The Center for the Elderly and Disabled.  This was within
     six months of the date of injury.                                       
                                                                             
          Plaintiff also contends she informed defendants of her injury and  
     completed a Campus Incident Report but they did not tell her about the  
     claims requirement.  First, the incident report is not a substitute for 
     a claim. Second, a public entity does not have an obligation to inform a
     claimant of the claims presentation requirements.  Third, there is no   
     evidence that either defendant misled plaintiff or prevented her from   
     making a timely claim.                                                  
                                                                             
          Defendants shall submit a formal order and judgment of dismissal.  



     Department 53
     August  6, 2002
     Page  7
     _______________


     ***

     ITEM 19  02AM04775 JOAN E. ALLGOR VS. GRANT UNION HIGH SCHOOL DISTRICT, ET AL  
              Nature of Proceeding: PETIION TO FILE LATE CLAIM         
              Filed By: ALLGOR, JOAN E.                               


         See the ruling on item 16, defendants' demurrer.                    
                                                                             

     ***