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 18, 2003, 09:00
ITEM 1 01AS01193 ROBERT CHARLES BOYD, ET AL VS. SACRAMENTO COUNTY, ET AL
Nature of Proceeding: Demurrer
Filed By: HEWITyT, SHANAN L.
The demurrer to the first amended complaint, first cause of action
for violation of civil rights 42 USC section 1983 and seventh cause of
action for excessive force and breach of authority is sustained without
leave to amend for failure to state a cause of action. Plaintiffs'
allegations that defendants acted according to policy, custom and
practice are conclusory and are not factually supported. Monell v. New
York City (1977) 436 U.S. 658.
The minute order is effective immediately. No formal order pursuant
to CRC Rule 391 or further notice is required.
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ITEM 2 01AS06654 FRANKLIN MEACHAM, ET AL VS. PANDA EXPRESS, INC.
Nature of Proceeding: Motion To Compel
Filed By: EMANUELS, ERIC S.
Dropped.
***
Department 54
March 18, 2003
Page 2
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ITEM 3 02AS02836 MID-CENTURY INS CO VS. ONE BEACON INS GRP, ET AL
Nature of Proceeding:
Filed By: NESBIT, ELLYN E.
Continued to 05/07/2003
***
ITEM 4 02AS03820 PATRICIA S. SCHELL VS. SOUTH HILLS APARTMENTS, ET AL
Nature of Proceeding: Motion To Compel
Filed By: HENSLEY, LAWRENCE N.
Continued to 04/09/2003
***
ITEM 5 02AS04658 JESSICA LANGSHAW VS. JAROD POWERS
Nature of Proceeding: MOTION FOR RELIEF FROM DEFAULT
Filed By: POWERS, JARED
Defendant's motion for relief from default and default judgment is
granted. Defendant has met the requirements of CCP section 473 by
showing mistake and inadvertence in miscalculating the date his answer
was due. The Court notes that plaintiff took defendant's default on the
31st day after service of the summons and complaint, and that defendant
filed his answer on the same day a few hours later. Relief is clearly
warranted under these circumstances.
The default and default judgment are hereby vacated and set aside.
The answer filed on January 10, 2003, is hereby deemed to be timely
filed.
The minute order is effective immediately. No formal order pursuant
to CRC Rule 391 or further notice is required.
***
Department 54
March 18, 2003
Page 3
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ITEM 6 02AS04706 PETSMART, INC VS. FIREMAN'S FUND INS. CO. ET AL
Nature of Proceeding: Motion To Compel
Filed By: HIRSHIK, DAVID
Plaintiff's motion to compel compliance with subpena is denied. The
subpena plaintiff seeks to enforce was not issued in this case. The
caption shows that the subpena was issued in Klovee v. Petsmart, case
no. 99AS03764. The fact that plaintiff included the case number of this
matter on the subpena does not control.
Further, plaintiff seeks to enforce the subpena against defendant
Fireman's Fund Ins. Co., but the subpena was not issued to that entity.
It was issued to Inter-Cal Real Estate.
The Court finds there was no substantial justification for this
motion, and therefore awards defendant Fireman's Fund sanctions in the
amount of $1,000 against plaintiff's attorney of record, David Hirshik.
The minute order is effective immediately. No formal order pursuant
to CRC Rule 391 or further notice is required.
***
ITEM 7 02AS07096 VIRGINIA SPEAR, ET AL VS. SUTTER HEALTH, ET AL
Nature of Proceeding: Demurrer
Filed By: KOZELE, CORINNA L.
Dropped.
***
ITEM 8 02AS07096 VIRGINA SPEAR, ET AL. VS. SUTTER HEALTH, ET AL.
Nature of Proceeding: MOTION TO STRIKE
Filed By: KOZELE, CORINNA L.
Dropped.
***
Department 54
March 18, 2003
Page 4
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ITEM 9 03CS00126 IN RE: NORMA ANGELICA SALOMON GAYTAN
Nature of Proceeding: Petition For Change Of Name
Filed By: GAYTAN-SALOMON, NORMA ANGELICA
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 10 00AM05232 MELINDA M. MARTINEZ VS. COURTNEY PAULINE WELDON, ET AL
Nature of Proceeding: Motion To Dismiss
Filed By: CORLESS, CASEY L.
Defendants' motion to dismiss complaint for failure to serve within
two years is unopposed and is granted. Defendants shall submit a
judgment of dismissal for the Court's signature.
***
ITEM 11 02AM07828 PORTFOLIO RECOVERY VS. WENDY PHOENIX
Nature of Proceeding: Motion To Strike
Filed By: YALON, JEROME M.
Plaintiff's motion to strike answer and enter defendant's default is
unopposed and is granted. Plaintiff has not complied with the Court's
order to serve discovery responses, and the outstanding responses, if
favorable to plaintiff, would show no defense to this action.
The Clerk is directed to strike the answer filed on September 26,
2002, and to enter defendant's default.
The minute order is effective immediately. No formal order pursuant
to CRC Rule 391 or further notice is required.
***
