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
January 15, 2003, 09:00
ITEM 1 00AS04432 RONALD STEWART, ET AL VS. DEXTER WAYNE SMITH, ET AL
Nature of Proceeding: Petition To Confirm Arb Award
Filed By: ROSCoOE, WILLIAM P. III
The petition to confirm arbitration award is granted as prayed. The
Court will sign the order and judgment submitted with the moving papers.
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ITEM 2 01AS00848 GLENDA ROBERTS, ET AL VS. MAZDA CORPORATION, ET AL
Nature of Proceeding: Motion To Compel
Filed By: HINRICHSEN, PATRICIA L.
Continued to 02/14/2003
***
ITEM 3 01AS05152 DANA SUMLAR VS. MARTIN G. ZAPEDA
Nature of Proceeding: Motion To Compel
Filed By: FESER, JOHN M. JR.
Defendant's motion to compel responses to form interrogatories and
request for production of documents is unopposed and is granted.
Plaintiff shall serve verified responses, without objection, no later
than January 27, 2003.
Sanctions are denied as the motion is unopposed. CCP section
2023(b) authorizes monetary sanctions to the extent such sanctions are
authorized by the particular method of discovery. CCP sections 2030(k)
and 2031(l) authorize monetary sanctions only when the motion is
unsuccessfully made or opposed.
The minute order is effective immediately. No formal order pursuant
to CRC Rule 391 or further notice is required.
Department 54
January 15, 2003
Page 2
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ITEM 4 01AS07320 MERI A. THRESHER VS. EMBERS, ET AL
Nature of Proceeding: MOTION FOR CLASS CERTIFICATION
Filed By: CARVER, MICHAEL L.
Continued to 01/29/2003
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ITEM 5 01AS07658 CITY OF CITRUS HEIGHTS VS. OPAL E. MORGAN, ET AL
Nature of Proceeding: Motion To Compel
Filed By: PRECIADO, GERRY
Defendants' motion to compel supplemental discovery responses is
denied. The responses were served by mail on October 9, 2002. CCP
sections 2031(m) and 2033(l) require notice of a motion to compel
further responses to be served within 45 days of service of the
originial or any supplemental responses. The 45-day deadline is
extended five days when the responses were served by mail. The 50th day
after the responses were served was November 28, a holiday. The next
court day was December 2, 2002. The motion was not filed and served
until December 16, 2002, and the parties did not agree in writing to
extend the time to file and serve the motion. See Chisum letter dated
November 26, 2002, attached as Exhibit E to Preciado declaration,
disagreeing with defendants' interpretation of the time limits to file
and serve this motion. The statutory deadline is mandatory, and any
ruling would be in excess of the Court's jurisdiction. Vidal Sassoon,
Inc. v. Superior Court (1983) 147 Cal.App.3d 681, 685; Deyo v. Kilbourne
(1978) 84 Cal.App.3d 771, 788.
The Court finds that defendants have not shown substantial
justification for filing the untimely motion. Therefore, plaintiff is
awarded sanctions in the amount of $1,662.50 against defendants and
their attorney of record, jointly and severally.
The minute order is effective immediately. No formal order pursuant
to CRC Rule 391 or further notice is required.
***
Department 54
January 15, 2003
Page 3
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ITEM 6 02AS00008 DAVID CRAWFORD VS. WE HALL COMPANY, ET AL
Nature of Proceeding: MOTION FOR INJUNCTION
Filed By: CRAWFORD, DONALD
This matter is dropped from calendar as the action was dismissed on
September 5, 2002. No appearance or oral argument will be allowed.
***
ITEM 7 02AS01628 GRANITE BAY HOLDINGS VS. MAJORITY INVESTEMENT INC., ET AL
Nature of Proceeding: Motion To File Amended Complai
Filed By: KERR, PHILIP A.
Cross-complainant's motion for leave to file first amended
cross-complaint is unopposed and is granted.
The first amended cross-complaint shall be filed and served no later
than January 27, 2003.
The minute order is effective immediately. No formal order pursuant
to CRC Rule 391 or further notice is required.
***
ITEM 8 02AS02426 SAC HMONG ALLIANCE CHURCH VS. SHANE DINKINS
Nature of Proceeding: Default Hearing
Filed By: RENWICK, JOHN B.
Appearance Required.
***
ITEM 9 02AS04104 WILLIAM O. WALLACE VS. JAMES H. WALLACE
Nature of Proceeding: MOTION TO DISCOVER
Filed By: WALLACE, WILLIAM O.
The motion to discover is denied. The motion is not a proper method
of conducting discovery. See the Civil Discovery Act of 1986, Code of
Civil Procedure sections 2016 et seq. Further, discovery requests, such
as the requests for admissions attached to the moving papers, should not
be filed with the Court except as an exhibit to an appropriate motion
for relief when a dispute arises over the discovery request.
The minute order is effective immediately. No formal order pursuant
to CRC Rule 391 or further notice is required.
Department 54
January 15, 2003
Page 4
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ITEM 10 02CS01814 IN RE: GEORGE TOMMAS LEWIS, JR.
Nature of Proceeding: Petition For Change Of Name
Filed By: LEWIS, GEORGE TOMMAS JR.
The petition is unopposed and is granted on condition that proof of
publication is filed in Dept. 54 prior to hearing.
***
ITEM 11 00AM08378 NCO FINANCIAL SYSTEMS, INC. VS. HOWARD BUDWIN, ET AL
Nature of Proceeding: Motion To Compel
Filed By: SIMMONS, FRANK C.
Plaintiff's motion to compel responses to post judgment
interrogatories is unopposed and is granted. Defendant/judgment debtor
Howard Budwin shall serve responses, without objection, no later than
January 27, 2003.
Plaintiff is awarded sanctions in the amount of $300 against
defendant/judgment debtor Howard Budwin for failing to comply with this
Court's order of November 20, 2002.
The minute order is effective immediately. No formal order pursuant
to CRC Rule 391 or further notice is required.
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