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
March 4, 2003, 09:00
ITEM 1 01AS04322 THOMAS WITTE, ET AL VS. BENJAMIN DIAZ, ET AL
Nature of Proceeding: Motion to Vacate Judgment
Filed By: WITTEh, THOMAS M.
Plaintiff's motion to vacate void money judgment is denied.
Judgment was entered on October 30, 2002. The cost bill was filed in a
timely manner. That it preceded notice of entry of judgment does not
make the judgment void.
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 02AS01080 TIMOTHY A. KING SR. VS. SACRAMENTO COUNTY, ET AL
Nature of Proceeding: Motion To Compel
Filed By: DAVIS, JAMES M.
Dropped.
***
ITEM 3 02AS02220 TREICHEL CONCRETE CONST INC. VS. ZANE HAMMOND CONST INC ETAL
Nature of Proceeding: Motion To Compel
Filed By: MALM, SCOTT
Plaintiff's motion for further responses is granted. The discovery
was served in August 2002. Defendant requested and received extensions
to respond to the discovery, and served objections on September 25,
2002. Plaintiff sought further responses in a letter dated October 30,
2002. Defendant requested and received numerous extensions of time to
serve further responses through January 10, 2003. Defendant's
correspondence confirming the extensions was perfunctory and does not
evidence any attempt to meaningfully review what further responses would
be appropriate, if any. Defendant did not seek a protective order or
attempt to work out a protective order with plaintiff. Under these
circumstances, defendant's claims that plaintiff failed to meet and
confer before filing this long-delayed motion simply cannot be taken
seriously.
As to some of the requests for production of documents, e.g. nos.
10-17, it may be difficult to fashion an appropriate sanction for
failure to comply, if that should occur. Nevertheless, defendant is
expected to attempt in good faith to provide the information sought.
Further responses, verified and without objection, shall be served
no later than March 14, 2003.
The minute order is effective immediately. No formal order pursuant
to CRC Rule 391 or further notice is required.
Department 54
March 4, 2003
Page 2
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ITEM 4 02AS02220 TREICHEL CONCRETE CONST. VS. ZANE HAMMOND CONSTRUCTION
Nature of Proceeding: MT FOR ORD IMP ISSUE SANCTNS
Filed By: MALM, SCOTT
Plaintiff's motion for issue sanctions is granted as follows. The
following issue sanction is imposed: defendants Zane Hammond and Zane
Hammond Construction, Inc. have no defense to plaintiff's claim as
alleged in the complaint. Therefore, all further discovery that relates
to liability is irrelevant.
The minute order is effective immediately. No formal order pursuant
to CRC Rule 391 or further notice is required.
***
ITEM 5 02AS04104 WILLIAM O. WALLACE VS. JAMES H. WALLACE
Nature of Proceeding: Demurrer
Filed By: WALLACE, WILLIAM O.
This item is stricken from calendar and the matter will not be
called. No oral argument will be permitted.
***
ITEM 6 02AS04390 POELMAN CONSTRUCTION, INC. VS. JBR ASSOC, INC., ETAL
Nature of Proceeding: Demurrer
Filed By: TOWERS, RANDALL S.
Dropped.
***
ITEM 7 02AS05628 ARTUR MIRZOYAN, ET AL VS. JAMES BERTRAN MACY, ET AL
Nature of Proceeding: Motion To Compel
Filed By: HURSH, GARY
Plaintiffs' motion to compel responses to request for production of
documents is dropped from calendar for insufficient notice. The moving
papers were served by mail on February 10, 2003, providing 22 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.
Department 54
March 4, 2003
Page 3
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ITEM 8 02AS05778 ARNOLD W. LEVI VS. CALIFORNIA DEPT OF CORRECTIONS,ETAL
Nature of Proceeding: MOTION FOR APPT OF COUNSEL AND/OR RES ATTORNEY'S FEES
Filed By: LEVI, ARNOLD W.
Plaintiff's requests for appointment of counsel and to personally
appear at the hearing are denied.
The minute order is effective immediately. No formal order pursuant
to CRC Rule 391 or further notice is required.
***
ITEM 9 02AS06638 NEHEMIAH CORP. OF CA VS. DON F. HARRIS, ET AL
Nature of Proceeding: Motion To File Amended Complai
Filed By: WITKOW, BRANDON J.
Plaintiff's motion for leave to file first amended complaint is
unopposed and is granted. Plaintiff shall file and serve the amended
complaint no later than March 14, 2003. The Clerk will not separately
file the proposed amended complaint submitted with the moving papers.
The minute order is effective immediately. No formal order pursuant
to CRC Rule 391 or further notice is required.
***
ITEM 10 02AS07148 JAMES ROBINSON, ET AL VS. NEXTEL OF CALIFORNIA, INC., ET AL
Nature of Proceeding: Demurrer
Filed By: PIEKUT, KEVIN
Dropped.
***
ITEM 11 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.
Department 54
March 4, 2003
Page 4
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ITEM 12 03AS00078 HASSI SADRI VS. ILIJA CVETICH, ET AL
Nature of Proceeding: CLAIM OF EXEMPTION
Filed By: CAPP, DAWN M.
The claim of exemption is denied. Personal injury damages are not
recoverable in a legal malpractice action. Federal appellate decisions
in bankruptcy matters are not binding on the Court.
The minute order is effective immediately. No formal order pursuant
to CRC Rule 391 or further notice is required.
***
ITEM 13 03CS00080 IN RE: IZEALLIA JANSALENE OKOENE
Nature of Proceeding: Petition For Change Of Name
Filed By: O'KOENE, IZEALLIA
The petition is unopposed and is granted.
***
ITEM 14 02AM02958 RUTH ROSAS VS. PATRICIA LADONNA DIEHL
Nature of Proceeding: MOT TO SET ASIDE JUDG AND VALID END REQ FOR TRIAL DE NOVO
Filed By: SWITZER, STANLEY R.
Plaintiff's motion to set aside judgment is unopposed and is
granted. The judgment entered on December 20, 2002, is hereby vacated
and set aside. The request for trial de novo, filed December 24, 2002,
is hereby deemed to be timely filed.
The minute order is effective immediately. No formal order pursuant
to CRC Rule 391 or further notice is required.
***
ITEM 15 02AM09274 ADRIANA VALDEZ VS. GER MOUA
Nature of Proceeding: Motion To Compel
Filed By: JACKSON, CHARMAINE
Dropped.
Department 54
March 4, 2003
Page 5
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ITEM 16 02AM09808 SAM JAVIDAN VS. HOWARD NEVENS, III
Nature of Proceeding: Default Hearing
iled By: ASAKAWA, BILL C.
Appearance Required.
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