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 29, 2003, 09:00
ITEM 1 01AS07320 MERI A. THRESHER VS. EMBERS, ET AL
Nature of Proceeding: MOTION FOR CLASS CERTIFICATION
Filed By: CARVER, MICHAEL L.
Dropped.
***
ITEM 2 02AS00698 MICHAEL DE LEON VS. LARRY D. GUYER, ET AL
Nature of Proceeding: MOT FOR IMPOSITION OF ISSUE SANCTIONS
Filed By: DOYLE, THOMAS J.
Contrary to defendant Guyer's representations, the motion on October 15,
2002, was to compel responses to form interrogatories, special
interrogatories and request for production of documents, sets one; and
to compel further responses to special interrogatory #8 and request for
production of documents ##13 and 14. Defendant admits plaintiff served
the responses on the date ordered by the Court. Defendant now seeks an
issue sanction because the responses are not to his liking
(Interrogatory 9.2), or plaintiff has not produced the documents he
stated he would in his responses to the Request for Production of
Documents (##8-10 and 18). Defendant's motion is premature, since he
has not brought a motion to compel a further response as to
Interrogatory #9.2, nor has he brought a motion to compel compliance as
to the Request for Production of Documents. The motion is denied.
Defendant also did not comply with C.R.C. rule 335.
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
January 29, 2003
Page 2
________________
***
ITEM 3 02AS04064 LORI GIBSON VS. CHIZUKO HOLLOWAY
Nature of Proceeding: Motion To Compel
Filed By: TONON, GAYLE K.
Dropped.
Plaintiff Gibson is ordered to serve verified responses, without
objections, to defendant Holloway's Form Interrogatories and Request for
Production of Documents, sets one, no later than Friday, February 7,
2003.
The requests for monetary sanctions are denied as the motions are
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 4 02AS06110 RAVI CHANDRA VS. ABLASH SINGH, ET AL
Nature of Proceeding: Motion To Strike
Filed By: LEONARD, BRUCE E.
Dropped.
***
ITEM 5 02CS00348 PEOPLE OF THE STATE OF CALIFORNIA VS. $2,900.00 (GONZALES)
Nature of Proceeding: Motion To Strike
Filed By: LEONARD, STEPHANIE
Petitioner's motion to impose a terminating sanction on Real Party
in Interest for failure to comply with the Court's order compelling
responses to request for production of documents is denied. Terminating
sanctions may not be imposed if they would result in a windfall for the
moving party. Caryl Richards, Inc. v. Superior Court (1961) 188
Cal.App.2d 300, 303-304. Petitioner has not shown that favorable
responses to the request for production would have established facts
rendering the claim completely unmeritorious.
The Court finds, however, that the following issue and evidentiary
sanctions are appropriate. Real Party in Interest may not introduce any
documentary evidence in support of his claim. Further, it is hereby
established that Real Party in Interest received no income from any
source during the two years preceding January 24, 2002 and that no part
of the $2,900 in U.S. Currency seized on January 24, 2002, from Mr.
Gonzales was derived from income during the two years preceding January
24, 2002.
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
January 29, 2003
Page 3
________________
***
ITEM 6 02CS01738 ARM FINANCIAL CORP VS. ALL CLAIMANT TO SURPLUS FUND,ETAL
Nature of Proceeding: HEARING ON PETITION OF TRUSTEE TO DEPOSIT SURPLUS FUNDS
Filed By: WEBER, EDWARD T.
Appearance Required.
***
ITEM 7 02CS01906 IN RE: GABRIEL ANTHONY JOHN GUTIERREZ
Nature of Proceeding: Petition For Change Of Name
Filed By: GUTIERREZ,GABRIEL ANTHONY JOHN
The Petition for Change of Name is granted on condition petitioner files
a proof of service in department 54 by the day of the hearing which
shows the petition was served by publication.
***
ITEM 8 02CS01908 IN RE: GRACE KYU-WHA YOU SCHULTZ
Nature of Proceeding: Petition For Change Of Name
Filed By: SCHULTZ, GRACE KYU-WHA YOU
The Petition for Change of Name is granted.
***
ITEM 9 02CS01918 IN RE: JOSHUA GRAHAM
Nature of Proceeding: Petition For Change Of Name
Filed By: GRAHAM, JOSHUA
The Petition for Change of Name is granted.
***
Department 54
January 29, 2003
Page 4
________________
ITEM 10 02CS01966 NANCI LEE WOODY VS. CSAA
Nature of Proceeding: Motion To Compel
Filed By: POWERS, J. BRIAN
Claimant Woody is ordered to serve verified responses, without
objections, to respondent CSAA's Request for Identification and
Production of Documents, set one, no later than Friday, February 7,
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 11 01AM03888 FUND RECOVERY SERVICES, ET AL VS. DON JUDD, ET AL
Nature of Proceeding: Motion To Compel
Filed By: HEAD, ANTHONY L.
Plaintiff is entitled to an order from the court as, at the time the
motion was made, December 26, 2002, no responses had been received to
its discovery. C.C.P. 1005.5.
Defendant Judd is therefore ordered to serve responses, without
objections, to plaintiff's First Set of Post Judgment Interrogatories
and Demand for Production of Documents.
Defendant filed a response indicating he has served the responses to the
outstanding discovery. If he feels his responses comply with the order
of the Court, he need not re-serve them. He takes the chance however
that plaintiff may not agree and may file a motion seeking sanctions,
including terminating sanctions, for failing to obey an order of the
court.
The request for a monetary sanction is denied as the motion is not
opposed.
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
January 29, 2003
Page 5
________________
***
