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 26, 2003, 09:00
ITEM 1 00AS06280 BRADLEY S. DENT, ET AL VS. ELIZABETH G. MUNIZ, ET AL
Nature of Proceeding: Motion To Compel
Filed By: GR EGERSON, BYRON A.
Defendants Fred Luiza and Lorie Luiza's motion to compel responses
to special interrogatories (sets two and three) and request for
production of documents (set two) is unopposed and is granted.
Plaintiffs Bradley S. Dent and Catherine I. Dent shall serve verified
responses, without objection, no later than March 6, 2003.
Sanctions are denied as the motion is unopposed.
The minute order is effective immediately. No formal order pursuant
to CRC Rule 391 or further notice is required.
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ITEM 2 01AS02154 MARGARET A. PARKER VS. CA STATE UNIVERSITY SACRAMENTO, ET AL
Nature of Proceeding: MOTION TO DISQUALIFY
Filed By: PARKER, MARGARET
Plaintiff's motion to disqualify defendants' counsel of record is
denied. Plaintiff has not shown a conflict of interest warranting
disqualification of the Attorney General's Office from representing
deendants.
The minute order is effective immediately. No formal order pursuant
to CRC Rule 391 or further notice is required.
***
Department 54
February 26, 2003
Page 2
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ITEM 3 01AS03038 JOHN J. MUSINSKY, ET AL. VS. ALAN FLESHER, ET AL.
Nature of Proceeding: MOTION TO VACATE ARBITRATION AWARD
Filed By: LERNER, STEPHEN M.
Case transferred to Department 53
***
ITEM 4 01AS03038 JOHN J. MUSINSKY, ET AL. VS. ALAN FLESHER, ET AL.
Nature of Proceeding: MOT TO LIFT STAY PENDING ARB
Filed By: FLEENER, JANLYNN R.
Case transferred to Department 53
***
ITEM 5 01AS03038 JOHN J. MUSINSKY, ET AL. VS. ALAN FLESHER, ET AL.
Nature of Proceeding: MOT FOR ORD TO CONFIRM ARB AWD
Filed By: FLEENER, JANLYNN R.
Case transferred to Department 53
***
ITEM 6 02AS01338 EUGENIA CLARK VS. SIA VUE
Nature of Proceeding: Motion To Compel
Filed By: BELL, TINA ANN
Dropped.
Department 54
February 26, 2003
Page 3
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ITEM 7 02AS01656 BILL BOURI, ET AL VS. DESIGNED BUILDING SYSTEMS, INC.
Nature of Proceeding: Motion To Compel
Filed By: PINION, G. BRYAN
Continued to 03/26/2003
***
ITEM 8 02AS03434 ANITA COOK VS. VERNON EARL ARTMAN
Nature of Proceeding: Motion To Compel
Filed By: CARROLL, JENNIFER H.
Defendant's motion to compel responses to form interrogatories and
request for production of documents is dropped from calendar for
insufficient notice. The moving papers were served by mail on February
3, 2003, providing 23 days notice of the hearing. When service is by
mail, 26 days notice of the hearing is required. CCP section 1005(b);
CRC Rule 317. Defective notice deprives the Court of jurisdiction to
hear the motion. Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503,
509, 511.
***
ITEM 9 02AS03906 DIANA M. BONTA, R.N., DR.P.H. ET AL VS. ALICIA TUCKER
Nature of Proceeding: Default Hearing
Filed By: HAUKEDALEN, BARBARA
Appearance Required.
***
ITEM 10 02AS05880 DORIS HAMILTON VS. PAT SHERRY, ET AL
Nature of Proceeding: Motion To Dismiss
Filed By: WOLL, ANDREW
Defendants' motion to dismiss action is unopposed and is granted
pursuant to CCP section 581(f)(2).
The minute order is effective immediately. No formal order pursuant
to CRC Rule 391 is required. Defendants shall submit a judgment of
dismissal for the Court's signature.
Department 54
February 26, 2003
Page 4
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ITEM 11 02AS06334 JIMMY GETTINGS VS. JAY TONEY
Nature of Proceeding: MOTION TO SET ASIDE ENTRY OF DEFAULT
Filed By: MORALES, M. GALILEO
Continued to 02/27/2003
***
ITEM 12 02CS01954 DENNIS J. DAVIS, SR., ET AL VS. HELENE EISENBUD
Nature of Proceeding: VERIFIED PET TO CONF ARB AWARD
Filed By: BIEGLER, ROBERT P.
The petition to confirm arbitration award is unopposed and is
granted. The Court will enter the amount awarded by the arbitrator,
$49,999.99, in the formal judgment submitted with the moving papers.
***
ITEM 13 03CS00100 CALIF DEPT OF MANAGED HLTH CARE VS. INTERNATL MED SERVS ETAL
Nature of Proceeding: PET FOR ORDER COMPELLING RESPONSES
Filed By: RAY, BRENDA A.
The petition is unopposed and is granted. Respondent shall respond
to the subpena duces tecum, without objection, within five days of
service of this order.
Petitioner is awarded attorney fees in the amount of $990 against
respondent.
The minute order is effective immediately. No formal order pursuant
to CRC Rule 391 is required. Petitioner shall serve a copy of the
minute order on respondent.
***
Department 54
February 26, 2003
Page 5
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ITEM 14 01AM08528 JOHN C. MARTINEZ VS. LAUREN JANE ADVISORS, ET AL.
Nature of Proceeding: MOTION TO RECLASSIFY CASE
Filed By: CROWDIS, DAVID G.
The motion to reclassify this case from limited to unlimited
jurisdiction is granted on condition that plaintiff pays the
reclassification fee provided in CCP section 430.060.
The minute order is effective immediately. No formal order pursuant
to CRC Rule 391 or further notice is required.
***
ITEM 15 02AM03390 ORION AUTO VS. MICHAEL CHARLES BYRNES
Nature of Proceeding: MOTION FOR SANCTIONS
Filed By: BOOSKA, STEVEN A.
Plaintiff's motion for terminating sanctions is denied. Defendant
has actually responded to the outstanding discovery, but has failed to
properly serve the responses. The responses are attached to an answer
filed October 15, 2002. The proof of service shows service on
plaintiff's attorney, but at the address of the court instead of
counsel's office. Under the circumstances, the Court finds that
terminating sanctions at this time would be improper, but that a
monetary sanction is warranted. Plaintiff is awarded sanctions in the
amount of $445.30 against defendant.
Defendant is cautioned that, even though he is representing himself,
he must comply with all statutes and rules of court in the same manner
as attorneys. Nelson v. Gaunt (1981) 125 Cal.App.3d 623, 638-639. In
particular, defendant should (1) list his name, correct address and
telephone number on all documents filed with the court and served on
counsel (Cal. Rules of Court, Rule 201(f)), and (2) properly serve all
documents on counsel at the proper office address and within the time
limits imposed by Code Civil Proc. section 1005. Repeated failure to
comply with these basic rules may result in further sanctions, up to and
including terminating sanctions.
The notice of motion does not provide notice of the Court's
tentative ruling system as required by Local Rule 3.04(D). Counsel for
moving party is ordered to notify defendant immediately of the tentative
ruling system and to be available at the hearing, in person or by
telephone, in the event defendant appears without following the
procedures set forth in Local Rule 3.04(B).
The minute order is effective immediately. No formal order pursuant
to CRC Rule 391 or further notice is required.
Department 54
February 26, 2003
Page 6
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ITEM 16 02AM06130 AMERICAN EXPRESS CENTURION BANK VS. WILDA M BURROUGHS
Nature of Proceeding: MOTION TO STRIKE
Filed By: BRITT, AMY E.
Plaintiff's motion for terminating sanctions is granted. Defendant
failed to respond to discovery and did not oppose the prior motion to
compel responses. Defendant has not opposed this motion. The Court
finds that defendant has willfully failed to comply with the court's
order and lesser sanctions would not be sufficient to obtain compliance.
The Court finds further that a terminating sanction would not result in
a windfall for the moving party.
The general denial filed on September 9, 2002, is hereby stricken,
and the Clerk is directed to enter defendant's default.
The notice of motion does not provide notice of the Court's
tentative ruling system as required by Local Rule 3.04(D). Counsel for
moving party is ordered to notify defendant immediately of the tentative
ruling system and to be available at the hearing, in person or by
telephone, in the event defendant appears without following the
procedures set forth in Local Rule 3.04(B).
The minute order is effective immediately. No formal order pursuant
to CRC Rule 391 or further notice is required.
***
ITEM 17 02AM07274 MERCURY INSURANCE COMPANY VS. CHRISTOPHER P. HARAKH, ET AL
Nature of Proceeding: MOT FOR ORDER THAT SPEC MATTERS OF FACT ARE DMD ADM
Filed By: MIKEL, ROBERT B.
Plaintiff's motion for order deeming matters admitted is unopposed
and is granted. The truth of the matters asserted in the request for
admissions served on defendant Harakh, and the genuineness of documents
identified therein, are hereby deemed admitted, unless responses that
substantially comply with CCP section 2033(f)(1) are served prior to
hearing. CCP section 2033(k).
Defendant is awarded mandatory sanctions pursuant to CCP section
2033(k) in the amount of $275.30 against defendant Harakh.
The minute order is effective immediately. No formal order pursuant
to CRC Rule 391 or further notice is required.
Department 54
February 26, 2003
Page 7
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