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
S. Meeker, Clerk
Vivian Carroll, Bailiff
March 11, 2003, 09:00
ITEM 1 01AS03552 GIL JONES VS. CORENE GARINO
Nature of Proceeding: Motion To Compel
Filed By: LINN, iTAMARA J.
The motion is granted, no opposition having been received by the Court.
Gil Jones is ordered to serve verified responses, without objections, to
defendant Garino's Special Interrogatory, set one, ## 1 and 2, no later
than Friday, March 21, 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 2 02AS00006 JOSEPH C. VENZIANO VS. MARGIE LEE DELPOZZO, ET AL
Nature of Proceeding: MOT FOR DETERMINATIN OF GOOD FAITH SETTLEMENT
Filed By: READ, MICHAEL B.
Based on the information submitted to the Court, the Court finds the
settlement between plaintiff and defendant Margie Lee Delpozzo for
defendant's policy limits of $250,000 is not in good faith. The
evidence shows that the case is valued at $1,000,000. Ms. DelPozzo's
proportionate share of liability is quite high and a settlement of
$250,000 does not meet the Tech-Bilt factors. Although Ms. DelPozzo
asserts the $250,000 is the insurance policy limits, she has not
submitted any evidence as to any other assets she may have.
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 11, 2003
Page 2
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ITEM 3 02AS03388 ALLSTATE INSURANCE COMPANY VS. THOMAS TUOHY, ET AL
Nature of Proceeding: MOTION FOR COMPLIANCE WITH STAY ORDER AND INJUNCTION
Filed By: PEARSE, CHARLETON S.
Based on the principles of comity, the Court grants the request for a
stay. This matter is stayed pending the resolution of the
rehabilitation proceedings in Pennsylvania or further order of this
Court.
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 02AS04294 TIMOTHY B. JONES SR., ET AL VS. BRENT SHIELDS, ET AL
Nature of Proceeding: Demurrer
Filed By: RUSSELL, EDWARD D.
The demurrer to the entire amended complaint on the ground plaintiff has
not alleged tender of amounts due is overruled. Under the facts
alleged, tender is not required as to the causes of action for fraud,
breach of contract, declaratory relief and professional negligence.
Since some of the causes of action survive, the demurrer to the entire
first amended complaint must be overruled.
The demurrer to the fourth cause of action, constructive fraud, is
overruled. Based on the facts, constructive fraud is adequately plead.
Hatch v Collins (1990) 225 C.A.3d 1104.
The demurrer to the fifth cause of action, breach of contract, is
sustained without leave to amend as to defendants Fidelity and Faherty,
who are not alleged to be parties to the contract.
The demurrer is sustained without leave to amend as to KLH, which is not
a party to the contract.
The demurrer is overruled as to Bankers as the allegations are
sufficient to state a cause of action and the question of damages can
not be determined by demurrer.
The demurrer to the sixth cause of action, declaratory relief, is
overruled. Plaintiffs have sufficiently alleged an actual controversy
among the parties.
The demurrer to the seventh cause of action, negligence, is sustained
without leave to amend as to Bankers, as this cause of action is not
alleged against it.
The demurrer to the seventh cause of action is otherwise overruled.
Defendants owe a duty to the trustor to conduct the sale with fairness,
openness and scrupulous integrity and it is alleged they did not. Bank
of Seoul & Trust Co. v Maricone (1988) 198 C.A.3d 113. Hatch v Collins,
supra.
The demurrer to the eighth cause of action, breach of C.C. 2924h is
sustained without leave to amend as plaintiffs allegations do not state
a cause of action under that statute.
The demurrer to the ninth cause of action against KLH for breach of
contract, is sustained without leave to amend. Plaintiffs have, in
conclusory fashion, alleged that only $129,472.34 was owed. A demurrer
does not deem conclusions of fact to be true. Furthermore, there are no
allegations regarding the amount of expenses of the sale, including
Trustee's and attorney's fees, which are to be paid prior to applying
the proceeds of the sale to all sums secured by the security instrument.
Defendants to file and serve their answer(s) no later than Friday, March
21, 2003.
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 11, 2003
Page 3
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ITEM 5 02AS07912 COLETTE A. THOMPSON VS. GERALD GOLDBERG, ET AL
Nature of Proceeding: Demurrer
Filed By: GUNN, ANDREA M.
The general and special demurrers by Golden 1 to the entire complaint is
sustained without leave to amend. Plaintiff fails to state causes of
action for abuse of process, unlawful debt collection, unfair business
practice or injunctive relief and her allegations are also uncertain.
Based on the ruling above, the motion to strike is moot.
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 6 03CS00104 IN RE: JORDAN L. CAHALAN
Nature of Proceeding: Petition For Change Of Name
Filed By: CAHALAN, JORDAN L.
The Petition for Change of Name is granted.
***
ITEM 7 02AM05906 NO CAL COLL SERV. INC. VS. RICK SANFORD, ET AL
Nature of Proceeding: MOTION TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT
Filed By: MONTAGUE, JOHN D.
The motion is granted, no opposition having been received by the Court.
Defendant to file and serve his answer no later than Thursday, March 13,
2003.
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 11, 2003
Page 4
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ITEM 8 02AM08036 HOWARD MARCUS VS. CALIFORNIA DEPARTMENT OF CORRECTIONS ETAL
Nature of Proceeding: MT TO CRT REQ ORD TO GRT DEF TO ANS COMP WITHIN 20 DAYS
Filed By: MARCUS, HOWARD
Defendant filed a motion requiring plaintiff to furnish security
pursuant to C.C.P. 391.1. Once the motion is made, the litigation is
stayed until 10 days after the motion shall have been denied, or if
granted, until 10 days after the required security has been furnished
and the moving defendant given written notice thereof. The Court
therefore will not rule on plaintiff's motions until after it has ruled
on defendant's motion. If denied, the Court will reschedule plaintiff's
motions and the parties will be given appropriate notice.
This minute order is effective immediately. No formal order is needed,
C.R.C. Rule 391. Defendant to serve plaintiff with notice of this
ruling.
***
ITEM 9 02AM10368 CHRISTOPHER LAZZARINI, ETAL VS. CA MOTO FUNERAL ESCORT,ETAL
Nature of Proceeding: Motion To Compel
Filed By: FUTERMAN, SHARON B.
The motion is granted, no opposition having been received by the Court.
Plaintiffs are ordered to serve verified responses, without objections,
to defendants' Form Interrogatories, Special Interrogatories and
Requests for Production of Documents, sets one, no later than Friday,
March 21, 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.
***
