NOTICE
To request a hearing on any matter on this
calendar, you must call the Court at (916) 874-7848
(Department 54) by 4:00 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 Ninth Street, 3rd Floor
Joe S. Gray, Judge
Barbara Baldy, Clerk
Vivian Carroll, Bailiff
February 4, 2003, 09:00
ITEM 1 00AS03158 IREN SCHINDELER, ET AL VS. CAL. STATE DEPT. OF, ET AL
Nature of Proceeding: MOTION FOR DISCOVERY
Filed By: UHRHAMMER, AMANDA
The motion is granted, the Court will review the personnel records of
Spataro and Dangler in camera. The custodian of the records of Dangler
and Spataro should comply with the requirements of People v Mooc (2002)
6 C.4th 1216.
The custodian of the records shall make an appointment on department
54's ex parte afternoon calendar for an in camera review of the records.
This minute order is effective immediately. No formal order is
necessary, C.R.C. rule 391, nor is further notice of this ruling
required.
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ITEM 2 00AS03902 MINNIE DIAZ MCGRANE VS. CALIFORNIA DEPT. OF HEALTH SERVICES
Nature of Proceeding: MOTION FOR ORDER TO ENFORCE ORAL STIPULATION
Filed By: DE BOER, MARK
The motion is granted. The Court will enter judgment based on the terms
stated and agreed to at the settlement. Plaintiff is directed to
prepare a judgment for the Court's signature and present it to
department 54 no later than 9:00 a.m., Tuesday, February 4, 2003. The
Court notes that no discussion or settlement was reached regarding how
the settlement proceeds and credit of leave balances would be
characterized for tax purposes and therefore the judgment will not
contain such a term.
This minute order is effective immediately. No formal order is needed,
C.R.C. rule 391, nor is further notice of this ruling required.
Department 54
February 4, 2003
Page 2
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ITEM 3 00AS05884 NANCY LANGSJOEN, ET AL VS. DEMMON PARTNERS, ET AL
Nature of Proceeding: Summary Judgment
Filed By: PAUL, JONATHAN B.
The motion for summary judgment is denied as defendant has failed to
meet its burden of showing there are no triable issues of material fact
as to all the causes of action plead against it.
Plaintiff Nancy Langsjoen (hereafter plaintiff) has plead both personal
injuries and property damage. The Court can summarily adjudicate
defendant's affirmative defense based on the statute of limitations and
determine whether plaintiff's claim for personal injuries is barred.
C.C.P. 437c(f)(1).
The motion for summary adjudication of defendant's affirmative defense
of the statute of limitations as it pertains to plaintiff Nancy
Langsjoen's personal injury causes of action is granted. Defendant West
RS., Inc. has met its burden of showing plaintiff (1) was aware of her
injury, (2) its factual cause and (3) that plaintiff had sufficient
facts to put her on inquiry notice of a negligent cause. Clark v Baxter
Healthcare Corp. (2001) 83 C.A.4th 1048, 1057, citing Jolly v Eli Lilly
& Co. (1988) 44 C.3d 1103, 1109-1114. See defendant's facts ##3 through
6 and evidence cited therein.
Plaintiff's opposition fails to state facts in her opposing separate
statement to create a triable issue of material fact as to the three
prongs noted above.
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 4 01AS07658 CITY OF CITRUS HEIGHTS VS. OPAL E. MORGAN, ET AL
Nature of Proceeding: Summary Judgment
Filed By: BOECK, TAMARA L.
The motion for summary judgment by the Morgan defendants is denied.
Defendants fail to meet their burden of showing, by undisputed facts in
their separate statement, that the City cannot establish the public use
element required for a taking in eminent domain. Defendants argument
that the City's alleged public use is a pure pretext is not supported by
the facts stated in the separate statement.
99 Cents Only Stores v Lancaster Redevelopment Agency 2001 U.S. Dist.
Lexis 9894 is inapposite as both parties moved for summary judgment and
the undisputed facts presented by the parties included defendant's
stated reasons for its proposed taking of plaintiff's property. No such
showing has been made here by defendants.
The Court notes that in the reply, defendants make constant references
to plaintiff's failing to provide evidence to support its position. As
the party moving for summary judgment, it is the defendant's burden to
show there are no triable issues of material fact that plaintiff's
taking is not for a public use.
This minute order is effective immediately. No formal order is needed,
C.R.C. rule 391, nor is further notice of this ruling required.
Department 54
February 4, 2003
Page 3
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ITEM 5 02AS02690 FOLSOM LAKE TOYOTA VS. WADE A. STROBLE
Nature of Proceeding: Motion To Compel
Filed By: SULLIVAN, RICHARD A.
The Motion is granted, defendant Stroble is ordered to serve a response
to Plaintiff Folsom Lake Toyota's Form Interrogatories, set one, #17.1,
no later than Friday, February 14, 2003.
The Court has received defendant Stroble's statement of non-opposition
to the motion.
The request for a monetary sanction is denied as the motion is
unopposed.
This minute order is effective immediately. No formal order is needed,
C.R.C. rule 391, nor is further notice of this ruling required.
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ITEM 6 02AS02998 SIERRA U.S.D., ET AL VS. MADERA CO CMMTTEE ON SCHL DIST. ORG
Nature of Proceeding: Summary Judgment
Filed By: MENNEMEIER, KENNETH C.
Continued to 02/24/2003
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ITEM 7 02AS04058 ANGELO G. TSAKOPOULOS, ET AL VS. SYCAMORE VENTURES LLC, ETAL
Nature of Proceeding: OSC Re: Contempt
Filed By: SMITH, DANIEL W.
Continued to 02/06/2003
Department 54
February 4, 2003
Page 4
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ITEM 8 02AS04214 CONSUMER ENFORCEMENT WATCH CORP VS BRAKE MASTERS OF SAC INC
Nature of Proceeding: MOTION TO STAY PROCEEDINGS
Filed By: GOODMAN, GEOFFREY A.
The motion to stay the proceedings is granted. This matter is stayed
until the termination of the San Joaquin matter.
This minute order is effective immediately. No formal order is needed,
C.R.C. rule 391, nor is further notice of this ruling required.
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ITEM 9 02AS06624 ARTHUR STIGALL VS. EDDIE L. BROWN, ET AL
Nature of Proceeding: Demurrer
Filed By: BILLINGS, ROGER R.
The request for judicial notice is granted.
The demurrer to the complaint is sustained without leave to amend. The
complaint is barred by res judicata and the applicable statute of
limitations.
This minute order is effective immediately. No formal order is needed,
C.R.C. rule 391, nor is further notice of this ruling required.
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ITEM 10 02AS07214 ROY L. SHARPNACK VS. MR. GRAY DAVIS, ET AL
Nature of Proceeding: Demurrer
Filed By: GUMPERT, FRANKLIN G.
This matter is continued to March 21, 2003. The Court granted
plaintiff's request for an extension of time to respond to the demurrer.
Plaintiff is to file and serve his opposition no later than Monday,
March 10, 2003. Defendants to file and serve their reply no later than
Monday, March 17, 2003.
Department 54
February 4, 2003
Page 5
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ITEM 11 02AS07214 ROY L. SHARPNACK VS. STATE OF CALIFORNIA, ET AL.
Nature of Proceeding: DEMURRER
Filed By: BRAVERMAN, BRUCE J.
See ruling in item #10.
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ITEM 12 02CS01956 IN RE: OCTAVIO FLORES GARCIA
Nature of Proceeding: Petition For Change Of Name
Filed By: GARCIA, OCTAVIO
The Petition for Change of Name is granted.
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ITEM 13 03CS00048 JOHN W. LEE INC, ET AL VS. WILLIAM A STOERMER AND ASSOC ETAL
Nature of Proceeding: PET TO CORREC AWD AND CONF CORR AWD
Filed By: RADOSLOVICH, FRANK M.
Continued to 02/11/2003
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