&l2A NOTICE: To request limited oral argument on any matter on this calendar, you must call the Court at (916) 874-7858 (Department 53) by 4:00 p.m. the day before this hearing and advise opposing counsel. Local rule 31(h). If no call is made the tentative ruling becomes the order of the court. JUDGE MCMASTER DISCLOSES THAT ATTORNEYS APPEARING IN CASES ON TODAYS CALENDAR MAY HAVE DONATED TO THE COMMITTEE FOR JUDICIAL INDEPENDENCE WHICH WAS FORMED TO OPPOSE THE ATTEMPTED RECALL OF JUDGE MCMASTER. A LIST OF DONORS AND AMOUčNTS DONATED IS UNDER THE CUSTODY OF COURT EXECUTIVE OFFICER JODY PATEL AND CAN BE REVIEWED AT ROOM 611, SIXTH FLOOR, COURTHOUSE, 720 NINTH STREET. TENTATIVE RULINGS Department 53 Superior Court of California 800 Ninth Street, 3rd Floor DAVID W. ABBOTT, Judge T. WEST, Clerk V. CARROLL, Bailiff April 6, 2005, 02:00 ITEM 1 02AS03349 SYLVIA LOBLAND VS. THE FAIRWAY APARTMENTS, ET AL Nature of Proceeding: Motion To Compel Filed By: NERLAND, GREGORY S. Defendant Sequoia Equities, Inc.'s Motion to Compel Responses to Special Interrogatories, Set 1, Form Interrogatories, Set 2 and Requests for Admissions is granted. Plaintiff is ordered to serve responses under oath to defendant on or before April 15, 2005. Sanctions are denied because the motion was not opposed. Although CRC 341 purports to authorize sanctions if the motion is unopposed, the Court declines to do so, as the specific statutes governing this discovery (CCP 2030(k), 2031(l)) authorize sanctions only if the motion was unsuccessfully made or opposed. There is no provision in the code to compel responses to requests for admissions, and defendant has not sought an order deeming the requests for admissions admitted. Any order imposing sanctions under the CRC must conform to the conditions of one or more of the statutes authorizing sanctions. Trans-Action Commercial Investors, Ltd. v Firmaterr Inc. (1997) 60 Cal.App.4th 352, 355. The minute order is effective immediately. No formal order is required, except defendant shall send a copy of the minute order to plaintiff forthwith. Department 53 April 6, 2005 Page 2 ______________ *** ITEM 2 02AS04483 KATHLEEN BINION VS. CITY OF FOLSOM, ET AL Nature of Proceeding: Motion To Strike Filed By: HARPER, R ELLIS Dropped. *** ITEM 3 03AS03625 SVETLANA KUMANSKY, ET AL VS. IGOR CHEPEL, ET AL Nature of Proceeding: Motion To Compel Filed By: FIELDS, W. RUSSELL Defendant Field's Motion to Compel Plaintiff to Attend her Deposition on April 18, 2005 is unopposed and is granted. Plaintiff is ordered to pay sanctions of $336.30 to defendant pursuant to CCP 2025(j)(3) on or before May 6, 2005. The minute order is effective immediately. No formal order or further notice is required, the tentative ruling providing sufficient notice. *** ITEM 4 03AS06859 DON JONOUBEI VS. JAVAD ALEREZA, ET AL Nature of Proceeding: MOTION TO COMPEL (JAVAD ALEREZA) Filed By: STEUER, MELINDA JANE Defendant Javad Alereza's Motion to Compel Further Responses to Special Interrogatories Nos. 6, 7, 19, 20, and 21 from Ken Jonoubei is granted. Compliance to be without objections on or before April 18, 2005. Sanctions are denied because the motion was not opposed. Although CRC 341 purports to authorize sanctions if the motion is unopposed, the Court declines to do so, as the specific statute governing this discovery (CCP 2030 (l)) authorizes sanctions only if the motion was unsuccessfully made or opposed. Any order imposing sanctions under the CRC must conform to the conditions of one or more of the statutes authorizing sanctions. Trans-Action Commercial Investors, Ltd. v Firmaterr Inc. (1997) 60 Cal.App.4th 352, 355. The minute order is effective immediately. No formal order or further notice is required, the tentative ruling providing sufficient notice. Department 53 April 6, 2005 Page 3 ______________ *** ITEM 5 03AS06859 DON JONOUBEI VS. JAVAD ALEREZA, ET AL Nature of Proceeding: MOTION TO COMPEL (GLOBAL) Filed By: STEUER, MELINDA JANE Defendant Global Automotive's Motion to Compel Further Responses to Special Interrogatories from Ken Jonoubei is granted. Compliance to be without objections on or before April 18, 2005. Sanctions are denied because the motion was not opposed. Although CRC 341 purports to authorize sanctions if the motion is unopposed, the Court declines to do so, as the specific statute governing this discovery (CCP 2030 (l)) authorizes sanctions only if the motion was unsuccessfully made or opposed. Any order imposing sanctions under the CRC must conform to the conditions of one or more of the statutes authorizing sanctions. Trans-Action Commercial Investors, Ltd. v Firmaterr Inc. (1997) 60 Cal.App.4th 352, 355. The minute order is effective immediately. No formal order or further notice is required, the tentative ruling providing sufficient notice. *** ITEM 6 04AS01389 ERIK FARAHMAND VS. ANDREY AMBALOV, ET AL Nature of Proceeding: Motion To Compel Filed By: BISHOP, WILLIAM D. Defendant Southeast Asian Assistant Center's Motion to Compel plaintiff Farahmand to Provide Further Answers to Form Interrogatories (Set Two) and Special Interrogatories (Set One) is GRANTED in part and DENIED in part. Defendant's request for imposition of sanctions is GRANTED. Plaintiff's objections that the defendant's counsel failed to meet and confer are overruled. The exchange of correspondence provides a record of a sufficient attempt to resolve the issues. Plaintiff's complaint is for personal injuries arising from a motor vehicle accident which occurred in November 2003. The court finds that plaintiff's responses to Form interrogatory 17.1 is evasive and incomplete. As plaintiff denied request for admission no. 1, that there are no objective findings as to plaintiff's spine that preclude his return to work as a police officer, his response was not limited to expert opinions. Plaintiff shall provide a verified, supplemental answer to Special Interrogatory No. 2. The motion to compel further response to Special Interrogatory no. 17 is DENIED, as the Court finds that it is overbroad and not calculated to lead to the discovery of admissible evidence. The supplmental answers shall be served on counsel for defendant not later than Monday, April 18, 2005. Sanctions in the amount of $625.00 as reasonable attorneys' fees and $36.30 as costs, for a total of $661.30 shall be paid by plaintiff to counsel for defendant not later than Wednesday, April 26, 2005. This minute order is effective immediately. No formal order nor further notice is required, the tentative ruling providing sufficient notice. 1389203 Department 53 April 6, 2005 Page 4 ______________ *** ITEM 7 04AS01499 CITY OF SACRAMENTO VS. PATRICIA H. NOBLE Nature of Proceeding: Motion To Withdraw Atty of Rec Filed By: CHASTAINE, MICHAEL Motion to Withdraw as Attorney of Record for defendant is unopposed and is granted. Counsel to prepare a formal order on the Judicial Council form for the court's signature, indicating that the order is effective on the date of the filing of the proof of service of the signed order on the client. The proposed order submitted was not complete. *** ITEM 8 04AS02285 KEN MARTIN VS. RIVERSIDE MANAGEMENT & FINANCIAL SVCS, ET AL Nature of Proceeding: MOT TO FILE CROSS-COMPLAINT Filed By: BASSETT, ROBERT D. Defendants Hillsdale Estates 7&9 Homeowner's Association and Riverside Management & Financial Services Motion to File Cross-complaint is unopposed and is granted. Proposed cross-complaint shall be filed and served on or before April 15, 2005. The minute order is effective immediately. No formal order or further notice is required, the tentative ruling providing sufficient notice. Counsel for moving party is instructed in the future to cite the correct tentative ruling notice in the notice of motion. Local Rule 3.04(D). *** ITEM 9 04AS02541 CRYSTAL DANIELLE MORA VS. TOM MEI DUNG, ET AL Nature of Proceeding: Motion To Compel Filed By: BRERETON, DREW Defendant's Motion to Compel Compliance with Deposition Subpoena or alternatively to compel plaintiff to sign a release for her records at the Sacramento County Mental Health Treatment Center is granted insofar as plaintiff is required to sign the release as agreed in her non-opposition. However, the release shall cover records limited to those from the date of the accident to the present. Defendants are instructed in the future to cite the correct tentative ruling notice from Local Rule 3.04(D) rather than the Presiding Judge's Department 47 tentative ruling notice. The minute order is effective immediately. No formal order or further notice is required, the tentative ruling providing sufficient notice. Department 53 April 6, 2005 Page 5 ______________ *** ITEM 10 04AS02959 EMPLOYERS INSURANCE OF WAUSAU VS. APARTMENT INVESTMENT, ET A Nature of Proceeding: Motion To Compel Filed By: LARA, EDWARD Continued to 04/15/2005 Continued on the court's own motion to be heard by Judge McMaster. *** ITEM 11 04AS05267 ESCALON LIVESTOCK MARKET, INC. VS. AHMAD NADEEN, ET AL Nature of Proceeding: Default Hearing Filed By: POST, BRADLEY Dropped. Dropped on the court's own motion. Neither the file nor the court computer system reflect that the clerk has entered default in this case. The clerk, not the court, enters defaults. CCP 585(a). *** ITEM 12 05AS00849 RAMON LUNA VS. NABIL SAMAAN Nature of Proceeding: Petition To Compel Arbitration Filed By: MELMAED, HOWARD R. Dropped. There is no proof of service in the file. CCP 1290.4 requires service in the manner of a summons and complaint unless the agreement provides otherwise or there is proof of service of the underlying complaint. *** ITEM 13 05AS01201 FRAGA FORKLIFT SALES VS. RUSS SLAVIK, ET AL Nature of Proceeding: Preliminary Injunction Filed By: CARLSON, RUSSELL Dropped. There is no proof of service of the TRO and moving papers on defendant. Personal service of the TRO and moving papers is required. There is no proof of service of the summons and complaint in the file. Department 53 April 6, 2005 Page 6 ______________ *** ITEM 14 05CS00215 IN RE: COLLEEN MATTEA PATTERSON Nature of Proceeding: Petition For Change Of Name Filed By: PATTERSON, COLLEEN Petition for Name Change is granted. *** ITEM 15 05CS00225 PEOPLE OF THE STATE OF CA VS. REAL PROPERTY LOCATED AT, ETC Nature of Proceeding: MOTION FOR INTERLOCUTORY SALE Filed By: LEONARD, STEPHANIE Petitioner's Motion for Interlocutory Sale of Property is denied without prejudice. Under Health and Safety Code section 11492, the court may order an interlocutory sale of property when such order is necessary to preserve the property named in the petition pending the outcome of the proceedings, upon a showing of probable cause to believe that the property is subject to forfeiture under Section 11470. The petitioner is required to submit admissible evidence to establish that the property is liable to perish, to waste, or to be significantly reduced in value, or when the expenses of maintaining the property are disproportionate to the value thereof. The only declaration in support of the requested relief is that of Detective Browning. There is no information in the declaration about the condition of the property or the costs of maintaining the property. Moreover, the information in the declaration (based primarily on hearsay and unauthenticated documents) fails to establish probable cause that the property is subject to forfeiture under section 11470. The minute order is effective immediately. No formal order or further notice is required, the tentative ruling providing sufficient notice. *** Department 53 April 6, 2005 Page 7 ______________ ITEM 16 03AM01529 CAVALRY SPV II, LLC VS. JAMIE L. KOVERMAN, ET AL Nature of Proceeding: MOTION TO SET ASIDE JUDGEMMENT Filed By: KOVERMAN, JAMIE L. Defendant's Motion to Set Aside Default Judgment entered December 2, 2004 is denied. The defendant has not established excusable neglect within the meaning of CCP 473. The fact that defendant did not understand the seriousness of the matter when she was served with summons and complaint or that she was overwhelmed with other things in her life does not constitute excusable neglect. Moreover, the default in this case was entered in August of 2004 and this motion was not filed until March of 2005. Thus, even if defendant could show excusable neglect to set aside the judgment, the default would still stand since defendant has only 6 months to set aside a default based on excusable neglect. The minute order is effective immediately. No formal order or further notice is required, the tentative ruling providing sufficient notice. ***