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 14, 2003, 09:00
ITEM 1 01AS02530 GUADALUPE RAMIREZ, ET AL VS. ESKATON PROPERTIES, INC., ET AL
Nature of Proceeding: Motion To Compel
Filed By: STRINGyER, MARTHA M.
Continued to 03/28/2003
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ITEM 2 01AS03016 CARLA D. HAYWOOD, ET AL VS. STATE OF CA., ET AL
Nature of Proceeding: Demurrer
Filed By: RAGAN, JENNIFER L.
As Judge Gray believes he cannot be impartial, he hereby recuses
himself from hearing this matter. CCP section 170.1. This matter is
transferred to Dept. 53 for further proceedings. The moving party is
directed to call the Clerk of Dept. 53 to reschedule the hearing.
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ITEM 3 02AS01762 JOSEPH BENVENUTI, ET AL VS. PERRY MCLAIN COMPANY, INC.,ETAL
Nature of Proceeding: Default Hearing
Filed By: BINN, ROBERT J.
Appearance Required.
Department 54
March 14, 2003
Page 2
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ITEM 4 02AS02282 MICHAEL J. ZINICOLA VS. SHANDRA PAYNE
Nature of Proceeding: Motion To Compel
Filed By: MARTINEZ, DANIEL R.
Case transferred to Department 53
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ITEM 5 02AS04846 MICHELLE MARIE MILLER, ETAL VS. INA IRENE KELLEY
Nature of Proceeding: Motion To Compel
Filed By: RAGAN, JENNIFER L.
Dropped.
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ITEM 6 02AS05458 TERCAR, INC., ET AL VS. STATE OF CALIFORNIA, ET AL
Nature of Proceeding: Demurrer
Filed By: ALEXANDER, J. SCOTT
Continued to 03/28/2003
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ITEM 7 02AS05458 TERCAR, INC., ET AL. VS. STATE OF CALIFORNIA, ET AL.
Nature of Proceeding: MOTION TO STAY PROCEEDINGS
Filed By: ALEXANDER, J. SCOTT
Continued to 03/28/2003
Department 54
March 14, 2003
Page 3
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ITEM 8 02AS05800 GABRIELE BEARDSLEE VS. TERRY FURMANEK, ET AL.
Nature of Proceeding: Demurrer
Filed By: WESTERLUND, LAWRENCE E.
Because the fire in the courthouse has interfered with the ability
of the Court to obtain the file, this matter is continued on the Court's
own motion to April 1, 2003.
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ITEM 9 02AS05808 YARD FURNISHERS, INC., ET AL VS. MIGUEL GONZALES
Nature of Proceeding: Motion To Compel
Filed By: STOLL, C. PATRICK
Plaintiff's motion to compel responses to request for production of
documents (set one) and form interrogatories (set one) is unopposed and
is granted. Defendants Sycamore Ventures, LLC and David Romo shall
serve verified responses, without objection, no later than March 24,
2003.
Sanctions are denied as the motion is unopposed.
The minute order is effective immediately. No formal order pursuant
to CRC Rule 391 or further notice is required.
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ITEM 10 03CS00122 IN RE: ADRIENNE MERYL UDCOFF
Nature of Proceeding: Petition For Change Of Name
Filed By: UDCOFF, ADRIENNE MERYL
The petition is unopposed and is granted on condition that proof of
publication is filed in Dept. 54 prior to hearing.
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ITEM 11 02AM01052 FIRST SELECT, INC. VS. LORI ANN CLIFFORD
Nature of Proceeding: CLAIM OF EXEMPTION
Filed By: ADLER, BARRY
The claim of exemption is granted. Plaintiff has given the notice on
forms to be used for wage garnishments, and not for bank levies. (The
notice of opposition is on the correct form, many of the others are
not.) Although the debtor has used the form for wage garnishments, the
court presumes that that form was provided by plaintiff. That form does
not allow orderly presentation of a claim of exemption on a bank levy.
It is clear that the defendant has no money, and very little earnings.
Department 54
March 14, 2003
Page 4
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