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 5, 2003, 09:00
ITEM 1 01AS03470 ANTHONY LOPEZ VS. STATE OF CALIFORNIA, ET AL
Nature of Proceeding: MOTION FOR ORDER FOR PHYSICAL EXAM
F Filed By: REAGER, GLENDA N.
The motion is granted. This is the first IME in the civil lawsuit and
is authorized by statute. Furthermore, it does not appear that any of
the other examinations involved a sleep study, as is contemplated by Dr.
Black. Defendant has shown good cause for the IME.
This minute order is effective immediately. No formal order is needed,
C.R.C. rule 391, nor is further notice of this ruling required.
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ITEM 2 01AS07112 PRISMATIC INTERNATIONAL, INC. VS. DAVID PASLIN, ET AL
Nature of Proceeding: Summary Judgment
Filed By: KIRKGAARD, SUSAN E.
Defendant has established, by undisputed evidence, the bar under
Corporations Code section 2203 prohibiting plaintiff from further
prosecution of this action for non-compliance with section 2203,
subdivision (c). Plaintiff has not submitted any evidence that it
complied with the corporate requirement.
The motions for summary judgment are granted.
The prevailing party is directed to prepare an order for the court's
signature pursuant to CCP 437c(g). TERA PHARMACEUTICALS v. SUPERIOR
COURT(1985) 170 Cal.App.3d 530,
Department 54
March 5, 2003
Page 2
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ITEM 3 02AS05136 MANUEL PANARRA VS. STEVE TONEY
Nature of Proceeding: MOTION TO COMPEL DOCS
Filed By: SOLIMAN, CYNTHIA M.
Dropped.
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ITEM 4 02AS05136 MANUEL PANARRA VS. STEVE TONEY
Nature of Proceeding: MOTION TO COMPEL RESPONSE
Filed By: SOLIMAN, CYNTHIA M.
Dropped.
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ITEM 5 02AM06944 DIRECT MERCHANTS CREDIT CARD BK, NA VS. BENECIA GULLEY, ETAL
Nature of Proceeding: Motion To Quash Service Summon
Filed By: GULLEY, BENECIA
Plaintiff opposed the motion on the merits despite the fact service was
not proper, therefore the Court will decide the motion.
Defendant's motions are denied. The grounds for relief are not
supported. The fact she is unfamiliar with the legal system and was not
sure how to respond is not mistake, inadvertence or excusable neglect
under the statute.
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
March 5, 2003
Page 3
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ITEM 6 02AM09478 BARRY H. SPITZER VS. SHANTE DANMOLE, ET AL
Nature of Proceeding: MOTION TO SET ASIDE DEFAULT JUDGMENT
Filed By: DANMOLE, SEAN
The motion to set aside the default judgment is denied. Defendant has
not sought to have the default set aside. He declares he discovered the
summons on November 24, 2002, yet there is no explanation as to why he
did not file an answer, as his default was not entered until December
20, 2002. Since there are no grounds to set aside the default, it would
be a futile act to set aside the default judgment. An additional ground
to deny the motion is that no proof of service of the motion has been
filed.
This minute order is effective immediately. No formal order is needed,
C.R.C. rule 391, nor is further notice of this ruling required.
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ITEM 7 03AM00570 ANDRE GUEVARA VS. GONZALO MARTINEZ DEL TORO, ET AL
Nature of Proceeding: Motion To Compel
Filed By: LUGER, ALLEN MAX
Mr. Guevara has filed a motion to compel his insurance company, Unitirin
Insurance Company, to respond to his discovery. The discovery is
attached to the motion and shows it was served pursuant to an uninsured
motorist arbitration proceeding. Motions regarding discovery in those
proceedings are brought in a separate proceeding, with its own number,
they are not brought in the underlying civil action case. Unitirin is
not a defendant in the personal injury action and it would prove too
confusing to the Court, the parties and the arbitrator to have rulings
in the civil action that are directed to the arbitration proceeding.
Plaintiff's motion is dropped. Plaintiff may refile his motion in a
Special Proceeding file which will have a different number and where the
parties will be denominated claimant and respondent. Plaintiff will
have to pay another filing fee, but may refile the motions without
having to pay another motion fee of $25.30.
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Department 54
March 5, 2003
Page 4
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ITEM 8 97AM03272 FORD MOTOR CREDIT CO. VS. CHARITY W. BRADLEY, ET AL
Nature of Proceeding: CLAIM OF EXEMPTION
Filed By: NELSON, DONALD G.
The claim of exemption is denied. The debt was for the common
necessaries of life. Pursuant to C.C.P. 706.051(c)(1), the
judgment debtor cannot claim an exemption from levy for that portion of
the judgment debtor's earnings which the judgment debtor claims is
necessary for the support of the judgment debtor or the judgment
debtor's family. J.J.MacIntyre Co. v Duren (1981) 118 C.A.3d Supp. 16.
This minute order is effective immediately. No formal order is needed,
C.R.C. rule 391, nor is further notice of this ruling required.
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