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 17, 2003, 09:00
ITEM 1 01AS04984 UNIVERSAL NETWORK DEVELOPMENT CORP VS. 800 MAKE READY, INC.
Nature of Proceeding: MOTION FOR TERMINATING SANCTIONS
y Filed By: THOMAS, MICHAEL J.
Cross-complainant 800 Make Ready, Inc. has failed to provide discovery,
even after being ordered to do so by the Court. If the responses to
discovery had been as expected by cross-defendant, they would have shown
that cross-complainant had no evidence to support the allegations of its
cross-complaint. Cross-complainant did not oppose the prior discovery
motions, nor has it opposed this motion. The motion is granted, the
cross-complaint is dismissed.
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 01AS06950 DEBRA EDWARDS VS. JACK-THE-BOX, INC.
Nature of Proceeding: Motion To Compel
Filed By: FARNWORTH, KEVIN G.
Dropped.
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Department 54
March 17, 2003
Page 2
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ITEM 3 02AS03500 HARRIET MOSLEY, ET AL VS. KINGS ARCO ARENA LIM PART, ET AL
Nature of Proceeding: Motion To Compel
Filed By: MCDANIELS, NANCY L.
The motion to compel compliance with the subpoena is denied. Plaintiffs
have not submitted a complete copy of the Deposition Subpoena for the
Court's review. Attachment A to the subpoena, which describes the
records to be produced, is not attached to any of the papers submitted
to the 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.
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ITEM 4 02AS03722 JENNIFER REICK VS. YESENIA MIRANDA, ET AL
Nature of Proceeding: Motion To Compel
Filed By: REYSNER, PIOTR G.
The motion is unopposed and is granted.
Plaintiff Jennifer Reick is ordered to serve verified responses, without
objections, to defendant Miranda's Form Interrogatories, Special
Interrogatories and Request for Production of Documents, sets one, no
later than Thursday, March 27, 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.
***
ITEM 5 02AS05134 RUTH DUNN VS. CNA INSURANCE COMPANY, ET AL
Nature of Proceeding: Motion To Compel
Filed By: D'AMATO, THOMAS J.
Defendant Meurer seeks responses and further responses to its discovery.
Defendant extended plaintiff's time to serve responses until February
14, 2003. The extension, in writing, was sufficient to preserve
plaintiff's right to respond by objecting. C.C.P. 2030(i). On that
date, plaintiff served responses to only 4 of the Form Interrogatories.
Since the response consisted solely of objections, it did not need to be
verified. C.C.P. 2030(g). As to these four interrogatories,
defendant's remedy is to file a motion requesting a further response,
with an accompanying C.R.C. rule 335 statement. The motion as to those
four Form Interrogatories, set one, ## 2.12, 2.13, 10.3 and 12.1 is
denied as they are not set forth in defendant's 335 statement. The
motion to compel a verified response, without objections, to the other
48 Form Interrogatories is granted.
The motion to compel plaintiff to serve verified responses, without
objections, to defendant's Special Interrogatories, set one, is granted,
as no responses were ever served by plaintiff prior to the motion being
made. C.C.P. 1005.5.
Defendant also moves to compel plaintiff to serve a response to its
Request for Production of Documents, set one. The exhibits show
plaintiff did serve a timely verified response. In actuality, defendant
is seeking to compel plaintiff to produce the documents. C.C.P.
2031(n). The Court deems the motion to be a motion to produce the
documents plaintiff stated she would produce in her response. The
motion is therefore granted as to Request for Production of Documents,
set one, ##1-4, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21.
The motion is denied as to ##5, 6, 11, 22, 23 and 24. As to these
requests, the response was that plaintiff had produced all documents or
that defendant should refer to CNA's claim file. If defendant does not
care for the response, the remedy is to bring a motion to compel a
further response. The C.R.C. rule 335 statement filed by defendant does
not include these responses.
Defendant's motion to compel a further response to its Requests for
Admissions, set one, is granted as to ##1, 6, 9, 12; and Request for
Admission of Genuiness of Document, #1. When plaintiff denies an
admission based on lack of information or knowledge, her response must
state that a reasonble inquiry concerning the matter in the particular
request has been made and that the information known or readily
obtainable is insufficient to enable that party to admit the matter.
C.C.P. 2033(f)(1). The motion is also granted as to Request #8, the
objections being overruled.
Plaintiff to serve responses and further response no later than Friday,
March 21, 2003.
A monetary sanction of $1085 is awarded to defendant from plaintiff.
C.C.P. 2023.
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 17, 2003
Page 3
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ITEM 6 02AS05472 MICHAEL LENIOR SMITH VS. COUNTY OF SACRAMENTO, ETAL
Nature of Proceeding: Demurrer
Filed By: PAUL, JONATHAN B.
The request for judicial notice is granted.
The demurrer to the first amended complaint is sustained without leave
to amend. Based on the judicially noticeable facts, and plaintiff's
allegations, plaintiff was an in-custody prisoner who was injured during
his court appearance relating to the felony charges pending before the
Court. As such, plaintiff fails to state a cause of action for personal
injuries due to the immunity provided defendants by Government Code
Section 844.6.
This minute order is effective immediately. No formal order is needed,
C.R.C. rule 391. Defendants to serve plaintiff with notice of this
ruling.
***
ITEM 7 02AS05568 MARC S. DEANE VS. PACIFIC RESEARCH INSTITUTE
Nature of Proceeding: Motion To File Amended Complai
Filed By: DEANE, MARC S.
The motion to file and serve a first amended complaint is denied.
Plaintiff has failed to file a timely proof of service of the moving
papers pursuant to C.R.C. rule 317(c).
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 02AS07938 MAJ JAMES ESTES VS. MG PAUL D. MONROE, ET AL
Nature of Proceeding: Demurrer
Filed By: NORTON, SHAWN L.
The demurrer to the entire complaint on the ground plaintiff's claims
are nonjusticiable is sustained without leave to amend. Plaintiff, a
Major with the National Guard, is alleging he was terminated from his
position as Assistant Commandmant and defendant failed to accommodate
him. It is clear that plaintiff's pleadings challenge a personnel
decision integrally related to the military's unique structure. As
such, he does not state a claim upon which relief can be granted. Feres
v United States (1950) 340 U.S. 135, Mier v Owens (9th Cir. 1995) 57
F.3d 747.
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 17, 2003
Page 4
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ITEM 9 02AS07938 MAJ JAMES ESTES, VS. MG PAUL D. MONROE, ET AL.
Nature of Proceeding: MOTION TO SRIKE
Filed By: NORTON, SHAWN L.
The motion to strike the allegations concerning, and the prayer for,
punitive damages, is granted pursuant to plaintiff's concession.
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 02CS01806 C.C. LYNCH & ASSOCIATES, INC. VS. QUALIMETRICS, INC., ET AL
Nature of Proceeding: MOTION TO VACATE JUDGMENT
Filed By: BEHRENDT, SCOTT K.
Continued to 04/02/2003
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ITEM 11 98AS05716 NANCY NUNES, ET AL VS. EPHROM FRANKLIN MCCURLEY, ET AL
Nature of Proceeding: Motion To Withdraw Atty of Rec
Filed By: NOLEN, RUDY
The motion is dropped. Motions to withdraw must be made on judicial
council forms, which include a proposed order which must be prepared by
counsel and served on the client with the moving papers. The papers
submitted do not include a declaration on Form MC-052, nor a proposed
order, MC-053, nor does the proof of service state both forms were
served on the client. See C.R.C. rule 376, which is strictly enforced
for the protection of counsel. Furthermore, the Court notes some of the
persons on the service list are out of state, yet were not given the
required amount of notice. Finally, counsel should also give notice of
the Court's tentative ruling procedure to the client.
Department 54
March 17, 2003
Page 5
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ITEM 12 98CS01746 DEPARTMENT OF CORRECTIONS VS. MCCARTHY BROTHERS COMPANY
Nature of Proceeding: PET TO VACATE ARBITRATION AWARD
Filed By: MALOVOS, KENNETH M.
Continued to 03/24/2003
This matter is continued on the Court's own motion until Monday, March
24, 2003.
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