&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 AMOUNTS 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 LOREN E. McMASTER, Judge T. WEST, Clerk V. CARROLL, Bailiff April 11, 2005, 02:00 ITEM 1 01AS04525 WWC HOMEOWNERS ASSOCIATION, INC. VS. KB HOME, ET AL Nature of Proceeding: MOTION FOR GOOD FAITH SETTLEMENT Filed By: STONE, GENE S. The motion of Lane W. Cushing and Lane W. Cushing Painting & Water Proofing for an order that their settlement with KB Home is in good faith is unopposed and granted. KB contends the defects in the waterproofing of Cushing required repairs of $125,000. Cushing contends all work it did was in accordance with plans and specifications. However, as an economical decision it has agreed to pay $75,000 to KB for a release of all claims related to this matter. The court finds the settlement is in good faith and reflects Cushing's proportionate share of liability and meets the Tech-Bilt standard. The court will sign the proposed order submitted with the moving papers. Department 53 April 11, 2005 Page 2 ______________ *** ITEM 2 01AS04979 STEPHEN M. WALTRIP, ET AL VS. KEVIN B. KIMPERLIN, ET AL Nature of Proceeding: MOTION FOR PROTECTIVE ORDER/JOINDER Filed By: SANGSTER, EDWARD P. The Spencer Trask Defendants' Motion for Protective Order Limiting the Length of Depositions is GRANTED. The Joinder of the Employee Defendants in the Motion is also GRANTED. Sanctions are neither requested nor imposed. Plaintiffs have asserted claims against 16 individuals and six entity defendants. To date plaintiffs have deposed seven individual defendants, with depositions lasting between six and 10 days for each witness, leaving nine individual defendants, all six entity defendants and an unknown number of non-parties still to be deposed. The action was filed in 2001, and is currently calendared for a trial setting conference on April 18, 2005. No depositions have been taken since the motion was filed. At the rate the depositions are proceeding, the case will not be ready for trial on any forseeable date. The Court finds good cause to limit the length of future depositions, as the depositions taken to date have been and continue to be unduly burdensome and expensive to all parties taking into account the needs of the case, the amount in controversy, and the importance of the issues at stake in the litigation. Code of Civil Procedure section 2019(b)(2). Absent an order of the Court or the stipulation of counsel for the parties, depositions of parties, other than Steven Waltrip and Kevin Kimberlin, shall be limited to three days of questioning by the noticing party, with counsel for all other parties limited to one day of questioning combined. Absent an order of the Court or the stipulation of counsel for the parties, depositions of non-party witnesses shall be limited to two days of questioning by the noticing party, with counsel for all other parties limited to one day of questioning combined. Prevailing parties shall submit a formal order for the Court's signature, pursuant to C.R.C., Rule 391. 4979203 Department 53 April 11, 2005 Page 3 ______________ *** ITEM 3 03AS02741 NEHEMIAH PROGRESSIVE HOUSING DEV. VS DON F. HARRIS, ET AL Nature of Proceeding: MOTION TO COMPEL Filed By: EISENBERG, JONATHAN Plaintiff has requested clarification of the court's March 28, 2005 order regarding the deposition of Harris. The time limit of six hours applies to the fact deposition and NOT Harris's deposition as an expert. The parties shall meet and confer on mutually acceptable dates for the continued deposition. This minute order is effective immediately. No formal order is required, the tentative ruling being sufficinet notice. *** ITEM 4 04AS02077 ROY ENGLISH, ET AL VS. STEPHANIE COCHRANE, ET AL Nature of Proceeding: Motion To Compel Filed By: MEMMOT, KYLE, W. Defendants' motion to compel plaintiffs to attend their depositions is unopposed and granted on condition defendants file a dated and signed proof of service in Deparmtent 53 before the time of the hearing. The depositions were noticed for February 25, 2005. Plaintiffs failed to appear and did not give notice that they would not be attending. Plaintiffs shall attend their depositions at a time and place to be noticed by defendants within 30 days of this order. Plaintiffs are sanctioned $476.30 which includes the reporter's fee and fees and costs related to this motion. Sanctions shall be paid by May 11, 2005. This minute order is effective immediately. No formal order is required, the tentative ruling being sufficient notice. *** ITEM 5 04AS03398 CHRISTOPHER WILLIAMS, ET AL VS. TERRANCE R. MITCHELL, ET AL Nature of Proceeding: Demurrer Filed By: DRAKE, KIMBERLY Dropped. Department 53 April 11, 2005 Page 4 ______________ *** ITEM 6 04AS03863 THOMAS WITTE VS. MARVEN STROH, ET AL. Nature of Proceeding: MOTION FOR ATTORNEY'S FEES Filed By: KNOX, THOMAS S. Defendant Knoz, Lemmon & Anapolsky's motion for attorney's fees is granted. Defendant spent 155.2 hours on the SLAPP motion and this motion. However, it has reduced its fees from $31,505.00 to $13,665.00 It has done so because the attorneys assigned to the case had not prepared a SLAPP motion before and were required to familiarize themselves with the law. Plaintiff contends defendant should be allowed to recover only costs. He argues that it should not have taken 155 hours to prepare the motion. He ignores the fact that defendant has reduced its fees by over half. Defendant has adequately documented its fees and the court finds the amount requested is more than reasonable. Defendant shall submit a formal order pursuant to CRC Rule 391. *** ITEM 7 05AS01133 CATERPILLAR INC., ET AL VS. CA AIR RESOURCES BOARD Nature of Proceeding: MOT TO APPEAR PRO HAC VICE (ABRAMS) Filed By: CARUSO, JOANNE E. Plaintiff's motion to admit attorney Abrams to appear as counsel pro hac vice is granted. The court will sign the formal order submitted with the moving papers. *** ITEM 8 05AS01133 CATEPILLAR INC., ET AL VS. CA AIR RESOURCES BOARD Nature of Proceeding: MOT APPEAR PRO HAC VICE(KETELT) Filed By: CARUSO, JOANNE E. Plaintiff's motion to admit attorney Keteltas to appear as counsel pro hac vice is granted. The court will sign the formal order submitted with the moving papers. Department 53 April 11, 2005 Page 5 ______________ *** ITEM 9 04CM00271 MBNA AMERICA BANK VS. EDGARDO V. BISCOCHO Nature of Proceeding: Petition To Confirm Arb Award Filed By: PATENAUDE, RAYMOND A. Petitioner's petition to confirm the arbitration award is unopposed and granted. The court will sign the proposed order and judgment, striking the amount of costs. Costs must be the subject of a memorandum of costs after judgment is entered. *** ITEM 10 04ED34173 STATE OF CALIFONIA, ET AL VS. TANYA J. SCHIELKE Nature of Proceeding: CLAIM OF EXEMPTION Filed By: MCLAUGHLIN, L. The claim of exemption is denied. The court is without jurisdiction to grant an exemption where, as here, the debt is incurred for the "common necessaries of life." CCP section 706.051(c)(1); J.J. MacIntryre Co. v. Duren (1981) 118 Cal.App.3d Supp. 16. The judgment creditor, however, will accept less than the maximum allowable amount. The sheriff is ordered to withhold $75.00 per pay period. Any amounts retained in excess thereof are to be returned to the judgment debtor. *** ITEM 11 04ED36587 STATE OF CALIFORNIA, ET AL VS. RUTH A. MORROW Nature of Proceeding: CLAIM OF EXEMPTION Filed By: MCLAUGHLIN, L. The claim of exemption is denied. The court is without jurisdiction to grant an exemption where, as here, the debt is incurred for the "common necessaries of life." CCP section 706.051(c)(1); J.J. MacIntryre Co. v. Duren (1981) 118 Cal.App.3d Supp. 16. The judgment creditor, however, will accept less than the maximum allowable amount. The sheriff is ordered to withhold $75.00 per pay period. Any amounts retained in excess thereof are to be returned to the judgment debtor. Department 53 April 11, 2005 Page 6 ______________ *** ITEM 12 04ED45965 STATE OF CALIFORNIA, ET AL VS. LEONARD G. BUQUING Nature of Proceeding: CLAIM OF EXEMPTION Filed By: MCLAUGHLIN, L. The claim of exemption is denied. The court is without jurisdiction to grant an exemption where, as here, the debt is incurred for the "common necessaries of life." CCP section 706.051(c)(1); J.J. MacIntryre Co. v. Duren (1981) 118 Cal.App.3d Supp. 16. The judgment creditor, however, will accept less than the maximum allowable amount. The sheriff is ordered to withhold $72.00 per pay period. Any amounts retained in excess thereof are to be returned to the judgment debtor. *** ITEM 13 05CM00051 COLUMBIA CR SERVICES, INC. VS. THUCANH LE, ET AL Nature of Proceeding: Petition To Confirm Arb Award Filed By: PUGH, JOHN J. Petitioner's petition to confirm the arbitration award is unopposed and granted. The court will sign the proposed order and judgment, striking the amount of costs and attorney's fees. These must be must be the subject of a memorandum of costs and motion for attorney's fees after judgment is entered. ***