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
S. Meeker, Clerk
V. Carroll, Bailiff
February 24, 2003, 09:00
ITEM 1 01AS03546 RALPH J. BARGAS, ET AL VS. ROBERT M. ARMSTRONG, ET AL
Nature of Proceeding: Motion To Compel
Filed By: MARINE LLI, MATHEW D.
The motion is granted. Mr. Michael Ray is ordered to serve verified
resonses, without objections, to defendants' Special Interrogatories,
set #3, no later than Thursday, March 6, 2003.
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.
***
ITEM 2 01AS05534 KELLY JEANNE EDRINGTON VS. GEORGE JAMES BLUNDELL, ET AL
Nature of Proceeding: Motion To Compel
Filed By: SAVA, SANDRA L.
The motion is granted. Defendant is to re-serve the responses, with
attached original verifications, no later than Friday, March 21, 2003.
The request for a monetary sanction is granted. Sanctions of $1500 are
awarded to plaintiff from defendant Blundell.
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 24, 2003
Page 2
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ITEM 3 02AS00786 JUDITH GERKE VS. CA DEPT OF GENERAL SERVICES, ET AL
Nature of Proceeding: Motion To Compel
Filed By: GREENWOOD, GORDON D.
The motion to compel further responses is denied. The Court does not
have jurisdiction to rule upon the motion, since notice of the motion
was served more than 50 days after the agreed upon extension. See
Exhibit F. C.C.P. 2030(l).
This minute order is effective immediately. No formal order is needed,
C.R.C. rule 391, nor is further notice of this ruling required.
***
ITEM 4 02AS02108 JOE SCALIA VS. GORDON'S AUTOMOTIVE
Nature of Proceeding: Motion To Compel
Filed By: JACOBSEN, BRIAN S.
Dropped.
***
ITEM 5 02AS02304 RECHELLE BORRIS VS. MERCY HEALTHCARE SACRAMENTO, ET AL
Nature of Proceeding: Summary Judgment
Filed By: MCPHERSON, DENNIS P.
Mercy moves for summary judgment/summary adjudication on the ground it
is entitled to permissive immunity pursuant to C.C. 56.10. Plaintiff
alleges Dr. Chatoff was acting as Mercy's agent and/or employee during
all relevant time periods. Defendant argues Dr. Chatoff was not its
agent and supports the argument by submitting a copy of the Admission
sheet purportedly signed by plaintiff. Plaintiff disputes she signed
the Admission sheet, which contains a Notice to the Patient that the
physicians furnishing services to the patient are independent
contractors and not employees or agents of the hospital. Plaintiff also
seeks a continuance to enable her to obtain discovery regarding the
relationship between Mercy and Dr. Chatoff. Plaintiff previously sought
to obtain a copy of the agreement between Mercy and Dr. Chatoff but was
rejected on the ground the agreement is confidential. Although parts of
the agreement may be confidential, the Court doubts that the portions
that describe the relationship between Dr. Chatoff and Mercy are
confidential. Plaintiff's request for a continuance is granted. The
motion is continued until Friday, April 25, 2003. Defendant may also
submit supplemental evidence to prove that plaintiff signed the
Admission sheet, such as a declaration by the witness who signed the
Admission sheet. Plaintiff to file and serve supplemental papers no
later than Thursday, April 3, 2003. Defendant to file its supplemental
papers no later than Thursday, April 17, 2003.
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 24, 2003
Page 3
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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.
Dropped.
***
ITEM 7 02AS03296 SHARON R. SPRENGER, ET AL VS. BLUE SHIELD OF CA ET AL
Nature of Proceeding: Demurrer
Filed By: LE BLANC, JOHN M.
Blue Shield's demurrer to the entire first amended complaint is
sustained without leave to amend. Plaintiffs' allegations are not
sufficient to constitute causes of action under any of their legal
theories. Plaintiffs do not allege that Blue Shield did anything other
than enter into a contract with Sutter Medical Group, David Gallagher
and Gambro. Although Civil Code 3428 requires that Blue Shield
exercise ordinary care to arrange for the provisions of medically
necessary health care service to its subscribers and enrollees,
plaintiffs fail to allege any conduct of Blue Shield that resulted in
the denial, delay, or modification of the health care service
recommended for, or furnished to, a subscriber or enrollee. Blue Shield
certainly can not be held liable for any of the tort theories alleged,
as it is not a medical care provider, Civil Code 3248(c) and (g), nor
are there any allegations that Blue Shield made any representations.
This minute order is effective immediately. No formal order is needed,
C.R.C. rule 391, nor is further notice of this ruling required.
***
ITEM 8 02AS03326 CAPITOL WASTE, INC. VS. LOPEZ'S AG SERVICE, INC.
Nature of Proceeding: MOTION FOR APPLICATION FOR ATTACHMENT
Filed By: LEVY-STORNS, MELINDA
The application for a writ of attachment is granted. The declaration of
Whitmire establishes the probable validity of plaintiff's claim. The
writ in the amount of $82,442 will issue upon filing of a bond in the
amount of $10,000.
Department 54
February 24, 2003
Page 4
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ITEM 9 02AS03436 AMER AUTO INS. CO. VS. ATLANTIC MUTUAL INS. CO.
Nature of Proceeding: Motion To Compel
Filed By: O'HARE, RICHARD C.
Plaintiff's motion is granted, in part, no opposition having been
received by the Court.
Defendant Atlantic Mutual Insurance Company is ordered to provide
further verified responses, without objections, to American Automobile's
Special Interrogatories, set one, ##4 and 5. The motion is denied as to
#3. The information sought by plaintiff can simply be the subject of a
telephone call between counsel or, failing that, another special
interrogatory.
The motion to compel a further response to plaintiff's Request for
Production of Documents, set one, #2, is treated as a motion to compel
compliance and is granted. Defendant is ordered to produce the
documents it stated it would produce.
The further responses and documents are to be served no later than
Wednesday, March 12, 2003.
This minute order is effective immediately. No formal order is needed,
C.R.C. rule 391, nor is further notice of this ruling required.
***
ITEM 10 02AS03484 CRISTOBAL R. GUAJARDO, ET AL VS. JTS COMMUNITIES, INC, ET AL
Nature of Proceeding: MOTION FOR TERMINATING SANCTIONS
Filed By: BARRETT, DAVID S.
Plaintiffs have not responded to discovery, even after being ordered to
do so by the Court. Plaintiffs have not responded to the current motion
seeking terminating sanctions. Plaintiffs have also not filed an
amended complaint by the date ordered by the Court. It appears that
plaintiffs have abandoned this case. Defendants' motion is granted, the
action is dismissed as to all defendants.
In addition, a monetary sanction of $880.30 is awarded to defendants
from plaintiffs, jointly and severally.
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 24, 2003
Page 5
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ITEM 11 02AS04444 DAVID KAHANA VS. NICHOLAS PETER RADU
Nature of Proceeding: Motion To Withdraw Atty of Rec
Filed By: CHRISTISON, ROBERT A.
The motion is granted on the following conditions: counsel is to file a
proof of service in department 54 no later than 9:00 a.m., Monday,
February 24, 2003, showing proper service of the moving papers on the
client; the order will become effective on the day counsel files a proof
of service in department 54 showing counsel served the client with a
copy of the signed order. Counsel is to also serve all other parties
who have appeared in the case with a copy of the signed order. Counsel
did not give the client notice of the Court's tentative ruling system.
Since counsel will be in department 54 on Monday, February 24, 2003, he
can appear in the courtroom in case the client appears to contest the
motion.
***
ITEM 12 02AS04590 GEOFFREY CAPLAN VS. TOM LINDBERG, ET AL
Nature of Proceeding: Motion To Strike
Filed By: MACALUSO, JOSEPH T.
The motion to strike the claim that plaintiff has suffered damages which
consists of attorney's fees, p.3, paragraph 11(g), is granted without
leave to amend. Plaintiff has not plead a factual or statutory basis
for claiming payment of attorney's fees as damages.
Opposition has not been filed with the Court.
This minute order is effective immediately. No formal order is needed,
C.R.C. rule 391, nor is further notice of this ruling required.
***
ITEM 13 02AS05094 DARRIN NOGUCHI, ET AL VS. RICARDA L. LIM
Nature of Proceeding: Motion To Compel
Filed By: BORG, JASON
The motions are granted. Defendant Ricarda Lim is ordered to serve
verified responses, without objections, to plaintiffs' Form
Interrogatories and Request for Production of Documents, sets one, no
later than Wednesday, March 12, 2003.
The request for a monetary sanction is denied as the motion is
unopposed.
Defendant Ricarda Lim is ordered to appear for her deposition at a time,
date and location to be noticed by plaintiffs, and to produce documents
requested.
The Admissions served on Ms. Lim are deemed admitted unless, prior to
the hearing, Ms. Lim serves proposed responses which comply with C.C.P.
2033(f)(1). C.C.P. 2033(k).
A mandatory monetary sanction of $1482.30 is awarded to plaintiffs from
defendant Lim.
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 24, 2003
Page 6
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ITEM 14 02AS05184 JOSE ALVAREZ VS. KELLY OWENS, ET AL
Nature of Proceeding: Motion To Withdraw Atty of Rec
Filed By: DUDUGJIAN, ROBERT P.
The motion to withdraw is granted. The Court will sign the order lodged
with the motion. The order will become effective on the day Counsel
files a proof of service in department 54 which states counsel served on
the client, at his last known address and to the Clerk of the Court, a
copy of the signed order of the Court. Counsel is to also serve all
other parties who have appeared in the case with a copy of the signed
order.
***
ITEM 15 02AS06278 A. TEICHERT & SON, INC. VS. PAUL A/ BISBRR
Nature of Proceeding: Demurrer
Filed By: LONG, ERNEST A.
The demurrer to the intentional tort cause of action and the motion to
strike the request for punitive damages are sustained and granted
without leave to amend. The lawsuit is by the employer, who can only
recover the damages it has suffered as a result of defendant's acts.
The cause of action for an intentional tort and the request for Punitive
damages are personal to the employee and can only be sought by him.
In addition, the third cause of action alleges defendant intentionally
and wilfully turned the vehicle he was driving into the person of
plaintiff's employee, making an unsafe and illegal right turn against
the warnings and flagging of Mr. Worboy. The allegations are not
sufficient to state a cause of action for an intentional tort nor are
they sufficient to justify the imposition of punitive damages.
The Court takes judicial notice of the complaint filed by Mr. Worboy.
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 24, 2003
Page 7
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ITEM 16 02AS07030 HI-VOLTAGE WIRE WORKS, INC., ET AL VS. WALTER ZACHARIA, ETAL
Nature of Proceeding: Motion To Compel
Filed By: EIDSON, DERIAN
The motion is denied. Plaintiff failed to file and serve with its
moving papers the statement required by C.R.C. rule 335.
A monetary sanction of $250 is awarded to defendants from plaintiff for
unsuccessfully making the motion. C.C.P. 2031.
This minute order is effective immediately. No formal order is needed,
C.R.C. rule 391, nor is further notice of this ruling required.
***
ITEM 17 03AS00610 MARK A. GRANT VS. DCI, ET AL
Nature of Proceeding: Preliminary Injunction
Filed By: GRANT, MARK A.
The request for a preliminary injunction is dropped. No proof of
service has been filed showing defendants were served with the request
or the complaint. Without proper service of the papers on the
defendant, the Court will not consider the request for a preliminary
injunction.
***
ITEM 18 03CS00044 IN RE: ROBERT LAUSEVIC, ET AL
Nature of Proceeding: Petition For Change Of Name
Filed By: LAUSEVIC, ROBERT
The Petition for Changes of Names is granted.
***
ITEM 19 03CS00106 SARWARI MOHAMMED VS. ADINA SBINGU
Nature of Proceeding: Petition To Compel Arbitration
Filed By: HIBBERT, PAIGE M.
Continued to 04/02/2003
Department 54
February 24, 2003
Page 8
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ITEM 20 99AS04676 CASCADES RESIDENTIAL OWNERS ASSO VS. H.C. ELLIOTT INC; ET AL
Nature of Proceeding: Demurrer
Filed By: LAWLEY, ELIZABETH WARDROP
Dropped.
***
ITEM 21 02CM00798 RICHARD LEE DE ROSA VS. MITCHELL DRILLING ENVIRONMENTAL
Nature of Proceeding: Motion To Compel
Filed By: SIPES, MICHAEL K.
The motions are granted. Mr. DeRosa is ordered to serve verified
responses, without objections, to MDE's First Set of Interrogatories, no
later than Thursday, March 6, 2003.
The request for a monetary sanction is denied as the motion is not
opposed.
The Admissions, set one, served on Mr. DeRosa by MDE are deemed admitted
unless, prior to the hearing, Mr. DeRosa serves proposed responses that
comply with C.C.P. 2033(f)(1). C.C.P. 2033(k).
A mandatory monetary sanction of $215 is awarded to defendant MDE from
appellant DeRosa.
Opposition has not been filed with the Court.
This minute order is effective immediately. No formal order is needed,
C.R.C. rule 391, nor is further notice of this ruling required.
***
