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
B. Rouse, Clerk
Vivian Carroll, Bailiff
March 13, 2003, 09:00
ITEM 1 00AS00994 DAVID ADAIR, ET AL VS. ARGENTA PM , ET AL
Nature of Proceeding: Motion To Compel
Filed By: GUTHRIEy, GEORGE
The motion to compel the deponents to testify about the two
informational meetings on June 30 and July 1, 1999, and to produce
documents handed out at those meetings, is granted. Plaintiffs have
failed to meet their burden of establishing the existence of the
attorney-client privilege or any work-product privilege. Cf Benge v
Superior Court (1982) 131 C.A.3d 336.
Under the circumstances presented where the issue is attorney-client
privilege, the Court will deny the request for sanctions.
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 02AS00464 DON H. LEE VS. RON PIERCE
Nature of Proceeding: Motion To Compel
Filed By: ALLEN, RONALD L.
Case transferred to Department 53
Department 54
March 13, 2003
Page 2
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ITEM 3 02AS01060 KENNETH TAYLOR VS. STEPHANIE VALENTINE LOUIS
Nature of Proceeding: Motion To Compel
Filed By: WOODBRIDGE, CATHERINE
The motion is denied. There is no need to force this plaintiff to bring
other plaintiffs into the lawsuit.
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 02AS01254 HAWARD JARVI TAXPAYR ASSN., ET AL VS. COUNTY OF SACRAMENTO
Nature of Proceeding: Summary Judgment
Filed By: SEYMAN, JOHN
Plaintiffs and defendant filed cross-motions for summary judgment. The
County also filed a motion for summary adjudication of causes of action.
The Plaintiffs' motion for summary judgment is denied. HJTA has a
declaratory relief cause of action. Plaintiff Feliciano has a
declaratory relief cause of action and a tax payer refund cause of
action. Plaintiffs allege the County has a practice of inflating the
base year value of property by adding to the purchase price the amount
of government-imposed improvement bond liens in violation of state law.
Plaintiffs have failed to meet their burden of showing that the County
has a practice of inflating base year value of property by adding to the
purchase price the amount of government-imposed improvement bond liens.
This minute order is effective immediately.
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,
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ITEM 5 02AS01254 HOWARD JARVIS TAXPAYERS ASSN., VS. COUNTY OF SACRAMENTO
Nature of Proceeding: SUMMARY JUDGMENT
Filed By: BITTLE, TIMOTHY A.
The County's motion for summary adjudication of the declaratory relief
cause of action is denied. The allegations are that the County has a
practice of violating R & T Code 110(b) by automatically including the
improvement bond assessment onto the price paid by the buyer and
thereafter submitting a supplemental assessment based on the new
enrolled purchase price. R & T Code 110(b) states there is a
rebuttable presumption that the value of improvements financed by the
proceeds of an assessment resulting in a lien imposed on the property by
a public entity is reflected in the total consideration, exclusive of
that lien amount, involved in that transaction. This presumption may be
overcome if the assessor establishes by a preponderance of the evidence
that all or a portion of the value of those improvements is not
reflected in that consideration. The County has failed to meet its
burden of showing it is entitled to judgment. The declarations of
Kelleher and Gooding do not establish that the County has complied with
the requirements of the statute. Nor has the County established, by
undisputed evidence, that plaintiff HJTA does not have standing to bring
the lawsuit or is otherwise not entitled to be a plaintiff.
The County's motion for summary adjudication of the tax refund cause of
action is denied. The County has not established, by undisputed
evidence, that the evidence submitted in the underlying AAB proceeding
met the requirement of the statute.
The County's motion for summary judgment is denied based on the ruling
above.
County's objections:
##1, 2 and 4: overruled.
#3 and 5: sustained.
This minute order is effective immediately.
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 13, 2003
Page 3
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ITEM 6 02AS01916 WILLIAM DITRI VS. JUDITH I. LA CHAPPELLE
Nature of Proceeding: Motion For Reconsideration
Filed By: DITRI, WILLIAM
This matter is transferred to department 45, Judge Van Kamp. Please
call 874-8240 for information regarding the motion for reconsideration.
***
ITEM 7 02AS02238 HAKAM SINGH VS. SACRAMENTO SIKH SOCIETY, ET AL
Nature of Proceeding: MOTION FOR CLOSING OF COURT-ORDERED TRUST ACCOUNT
Filed By: LEE, CHRISTOPHER A.
Defendants' motion is granted; the counter-motion is denied. The trust
account is closed and the funds held therein are ordered remitted to the
Sacramento Sikh Society Bradshaw Temple immediately.
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 8 02AS04922 WEST COAST PCS LLC,ETAL VS. RASHED ENTEPRISES, INC.,ETAL
Nature of Proceeding: Motion To Compel
Filed By: KOEPF, MARIANNE
Plaintiff's move to compel further responses to Request for Production
of Documents, set one, ##2 and 8. In response to Request #8, defendants
produced documents evidencing loans to the company. Plaintiff argues
that they merely want a written response under oath stating defendants
have complied with the request and provided "all" responsive documents.
Request #8 seeks all documents "reflecting or referring " to loans by
any person or entity to Rashed Enterprises. As written, the request is
overbroad. The Court grants the motion by limiting it to "documents
evidencing loans by any person or entity to Rashed Enterprises, Inc.".
Request #2 seeks all documents "indicating" the capitalization of Rashed
Enterprises. It too is overbroad. However, the Court grants the motion
by limiting it to "documents showing the identities of persons who
assisted or participated in financing Rashed Enterprises, Inc. and the
date and amount of each contribution".
The motion, as limited by the Court, is granted. Defendants to serve a
further verified response no later than Friday, March 21, 2003.
Any documents produced will be subject to a usual protective order
regarding confidentiality of the information and that the information
will be used for purposes of the litigation only.
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 13, 2003
Page 4
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ITEM 9 02AS05396 CINDY YANG, ET AL VS. JIMMY DEAN BRITTON, ET AL
Nature of Proceeding: Motion TO File Cross Complaint
Filed By: COTTER, JOHN P.
Defendant Margaret Falon's motion for leave to file a cross-complaint is
granted, no opposition having been received by the Court.
Ms. Falon to file and serve her cross-complaint no later than Monday,
March 17, 2003. The proposed cross-complaint will not be separately
filed by the court clerk but will remain as an exhibit to the motion.
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 10 03CS00086 IN RE: JEAN LANDIS GUILFOY
Nature of Proceeding: Petition For Change Of Name
Filed By: GUILFOY, JEAN LANDIS
The Petition for Change of Name is granted.
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ITEM 11 03CS00114 IN RE: ANTHONY RYAN GIBSON
Nature of Proceeding: Petition For Change Of Name
Filed By: GIBSON, ANTHONY RYAN
The Petition for Change of Name is granted.
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ITEM 12 03CS00118 IN RE: KITONA C. OSGOOD
Nature of Proceeding: Petition For Change Of Name
Filed By: OSGOOD, KITONA C.
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 stating
the petition was served by publication.
Department 54
March 13, 2003
Page 5
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