&l2A 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 SHELLEYANNE W L CHANG, Judge R. ROUSE, Clerk V. CARROLL, Bailiff April 13, 2005, 09:00 ITEM 1 03AS03044 NIRANJAN SINGH VS. NIRMAL SINGH, ET AL č Nature of Proceeding: Motion To Withdraw Atty of Rec Filed By: ERETH, WILLIAM J. The motion to withdraw as counsel of record for plaintiff is granted on the following condition: counsel must file a proper proof of service in department 54 no later than 9:00 a.m., Wednesday, April 13, 2005; the proof of service included with the motion states only that the Court was served by fax on March 24, 2005 (which service is ineffective as no prior permission was sought); there is no proof of service stating the client was served with the moving papers. The order becomes effective on the day counsel files a declaration in department 54 stating a copy of the signed order was served on the client. Counsel is to also serve all other parties who appeared in the case with a copy of the signed order. Since counsel did not give the client Notice of the Court's tentative ruling system, as required by Local Rule 3.04(B), counsel must either appear at the hearing or be on telephone standby on the morning of the hearing, in case the client appears to contest the ruling. c Department 54 April 13, 2005 Page 2 ______________ *** ITEM 2 03AS03586 MICHAEL SCHUBERT VS. ROGER SWANSON, ET AL Nature of Proceeding: Filed By: Due to the disqualification of Judges McMaster and Cecil, this matter is transferred to Judge Chang, who is presently assigned to department 54. Due to illness, the matter is continued on the court's own motion to Tuesday, April 19, 2005. *** ITEM 3 03AS05678 KELLI P. BENEDICT, ET AL VS. DAVID D. JOHNSON, ET AL Nature of Proceeding: MT TO HAVE DEPOS DATES SET/FOR RELIEF FROM DISC CUT-OFF Filed By: CAMPBELL, MARK A. The Johnson defendants' motion is granted; opposition was not received by the Court. Steve Benedict shall appear on Wednesday, April 20, 2005 at 9:00 a.m. for the continuation of his deposition, which shall continue until finished. Kelli Benedict shall appear on Wednesday, April 20, 2005 for her deposition, which shall commence 1/2 hour after Mr. Benedict's deposition concludes and continue until finished. Greg Gilbert shall appear on Thursday, April 21, 2005 at 9:00 a.m. for his deposition. The motion to compel Oakham and Eason to appear at their depositions at the time noticed by the Johnsons' is denied, as good cause is not shown. Steve Benedict shall appear on Tuesday, April 19, 2005 at 9:00 a.m. for his deposition as a designated expert witness. Kelli Benedict shall appear on Tuesday, April 19, 2005 at 1:00 p.m. for her deposition as a designated expert witness. All depositions to be taken at 3640 American River Drive, Suite 150, Sacramento, California. A monetary sanction of $1317 is awarded to the Johnson defendants from the Benedicts, jointly and severally, for failing to appear for their depositions. This minute order is effective immediately. No formal order is needed, C.R.C. rule 391, nor is further notice of this ruling required; C.C.P.  1019.5. c Department 54 April 13, 2005 Page 3 ______________ *** ITEM 4 03AS05678 KELLI BENEDICT, ET AL. VS. DAVID D. JOHNSON, ET AL. Nature of Proceeding: MOTION TO COMPEL Filed By: FOGARTY, MICHAEL T. The motion of Larry Gury, Russ Kahn and California Family Fitness to compel discovery from Kelli and Steve Benedict is granted on condition proof of service is filed in department 54 no later than 9:00 a.m., Wednesday, April 13, 2005. Kelli and Steve Benedict are ordered to serve a verified response and answer, without objections, to defendants' Supplemental Request for Production of Documents and Supplemental Interrogatory, sets one, no later than Monday, April 25, 2005. This minute order is effective immediately. No formal order is needed, C.R.C. rule 391, nor is further notice of this ruling required; C.C.P.  1019.5. c *** ITEM 5 04AS00282 ROBERT SAGE BLACKMAN, ET AL VS. STATE FARM GENERAL INS.,ETAL Nature of Proceeding: Motion To Compel Filed By: STOLAR, BERNADINE J. The motion is dropped as a motion for change of venue was granted. *** Department 54 April 13, 2005 Page 4 ______________ ITEM 6 04AS00354 CHRISTIAN MAHARAJH VS. JOHANNA MCALISTER Nature of Proceeding: Motion To Withdraw Atty of Rec Filed By: SANDEFUR, JERRY The motion to withdraw as counsel of record for plaintiff Christian Maharajh is granted. The order will become effective on the day counsel files a proof of service in department 54 stating a copy of the signed order was served on the client. Counsel is to also serve all other parties who have appeared in the case with a copy of the signed order. *** ITEM 7 04AS00752 KATHLEEN G. CORNELL VS. RICHARD TRANCHINA Nature of Proceeding: Motion To Withdraw Atty of Rec Filed By: WRIGHT, EDWARD J. JR. The motion is dropped without prejudice. The declaration in support of the motion, Form MC-052, states the client was served at the client's last known address which was confirmed by means of an Accurint (sic) search of public records and the fact that mail sent to that address within 30 days has not been returned. A search of public records is not confirmation of an address; as to the mail not being returned, C.R.C. rule 376(d) provides that demonstrating that the notice was sent to the client's last known address and was not returned will not, by itself, be sufficient to demonstrate that the address is current. *** ITEM 8 04AS01974 RNI LYNN DEUTCH, ET AL VS. SHAWN KREB, ET AL Nature of Proceeding: MOT FOR LEAVE TO FILE SECOND AMENDED COMPLAINT Filed By: MCCARRON, JOHN C. The motion to add Xcentric Ventures, LLC, as a party defendant and to clarify the capacity of the remaining defendants named in the First Amended Complaint is unopposed and is granted. Plaintiffs to file and serve the Second Amended Complaint no later than Friday, April 15, 2005. The proposed second amended complaint will not be separately filed but will remain with the motion as an exhibit. This minute order is effective immediately. No formal order is needed, C.R.C. rule 391, nor is further notice of this ruling required; C.C.P.  1019.5. c Department 54 April 13, 2005 Page 5 ______________ *** ITEM 9 04AS02254 KATHLEEN G. CORNELL VS. RICHARD TRANCHINA Nature of Proceeding: Motion To Withdraw Atty of Rec Filed By: WRIGHT, EDWARD J. JR. The motion is dropped without prejudice. The declaration in support of the motion, Form MC-052, states the client was served at the client's last known address which was confirmed by means of an Accurint (sic) search of public records and the fact that mail sent to that address within 30 days has not been returned. A search of public records is not confirmation of an address; as to the mail not being returned, C.R.C. rule 376(d) provides that demonstrating that the notice was sent to the client's last known address and was not returned will not, by itself, be sufficient to demonstrate that the address is current. *** ITEM 10 04AS02766 ROBERT WHITAKER VS. CAPITAL CITY DRYWALL, INC. Nature of Proceeding: MOR FOR ISSUE/TERM SANCTNS/MONETARY SANCTIONS Filed By: WONG, JESSAVEL Y. Dropped. *** ITEM 11 04AS03212 SARAH ALLISON MITCHELL VS. JEBEDIAH WILLIAM CHRISTMAN, ET AL Nature of Proceeding: MOTION TO QUASH SUBPOENA Filed By: CAMPORA, STEVEN M. The motion to quash the subpoenas at issue is granted. Defendants must re-serve subpoenas seeking plaintiff's records which relate to the parts of her body claimed to have sustained injury in this case, i.e., dizziness, headaches, face, teeth, shoulders, right arm, right wrist, right hand, back, chest, abdomen, left hip, pelvis, left buttocks, legs and knees. A monetary sanction of $1,036.30 is awarded to plaintiff from defendant, who unsuccessfully opposed the motion. This minute order is effective immediately. No formal order is needed, C.R.C. rule 391, nor is further notice of this ruling required. C.C.P.  1019.5. c Department 54 April 13, 2005 Page 6 ______________ *** ITEM 12 04AS03728 DEBORAH LAVENDA VS. SCOTT RODOWICK Nature of Proceeding: MOTION FOR PROTECTIVE ORDER Filed By: BASSETT, ROBERT D. Defendant previously moved the court for a protective order that Bradley Clark be excluded from attending Plaintiff's deposition; defendant also sought monetary sanctions; the hearing date of the motion was set for March 24. No other requests were made. The order was granted, but monetary sanctions were denied. On March 21, 2005 defendant filed this motion seeking another protective order, i.e., that the deposition of Bradley Clark be delayed until after the March 24 hearing of defendant's motion for protective order and to preserve the sequence of depositions noticed by defendant. On March 7, 2005, plaintiff served a deposition notice on witness Bradley Clark, the deposition to be taken on March 22nd. Letters were exchanged between counsel, with defendant's counsel agreeing to make himself available on the 22nd if plaintiff would also make herself available on the 22nd. That was agreed to by plaintiff, with her counsel offering to take Mr. Clarke's deposition later that afternoon. On March 21, plaintiff's counsel sent a confirming letter that defendant would not take plaintiff's deposition on the 22nd and offering to move Mr. Clark's deposition until a later time on the 22nd. On March 21, Defense counsel responded by again stating his objection to the deposition of Clark going forward due to the pending motion for protective order set for March 24 and counsel's unavailability. Defense counsel also stated he was preparing another motion for protective order to delay the deposition of Clark and would be hand serving it that day. It does not appear that formal objections to the deposition notice were served. Defense counsel states he was not aware until plaintiff filed opposition to this motion that Mr. Clark's deposition proceeded on March 22, 2005. Defendant, who only sought monetary sanctions in the Notice of Motion, also seeks evidentiary, issue and potentially terminating sanctions in his reply papers. Defendant's prior motion for a protective order, pursuant to C.C.P.  2025(n), was sufficient to stay plaintiff's deposition, but did not stay Clark's deposition, scheduled the same day but apparently cancelled by the parties. Defense counsel's reply papers in suport of the March 24, 2005 hearing discussed the fact that plaintiff's counsel had reset the deposition of Mr. Clark. No appearance was made at the hearing in which defendant's motion for a protective order, that he be allowed to depose plaintiff without Mr. Clark being present, was granted. There is no evidence that plaintiff insisted on being present at Mr. Clark's deposition and there is no reason why Mr. Clark's deposition could not be taken since the prior motion focused on the "prejudice" to defendant if Mr. Clark attended plaintiff's deposition. As noted by plaintiff, the motion is moot as the deposition has already been taken. All requests for sanctions are denied. This minute order is effective immediately. No formal order is needed, C.R.C. rule 391, nor is further notice of this ruling required; C.C.P.  1019.5. c Department 54 April 13, 2005 Page 7 ______________ *** ITEM 13 05CS00244 IN RE: LAVERA M. OSBORNE Nature of Proceeding: Petition For Change Of Name Filed By: OSBORNE, LAVERA M. The Petition for Change of Name is granted on condition proof of service of the petition on the father is filed in department 54 by the day of the hearing. *** ITEM 14 03AM00668 FAIR OAKS ELECTRONICS, INC. VS. UN HO SIN, ET AL Nature of Proceeding: Motion To Withdraw Atty of Rec Filed By: SO, SANG Y. The motion is dropped from the calendar. Counsel did not serve on the client with the moving papers, and lodge with the court, a prepared Order, Form MC-053, as required by C.R.C. rule 376. *** ITEM 15 04AM05124 AMERICAN EXPRESS CENTURION BANK VS. THOMAS ASKINS Nature of Proceeding: MT TO COMPEL RESP TO ROG Filed By: RAY, THOMAS M. Plaintiff's motion is granted; opposition was not received by the Court. Defendant Thomas Askins is ordered to serve verified answers, without objections, to plaintiff's Special Interrogatories, set one, no later than Monday, April 25, 2005. The request for a monetary sanction is denied as the motion is unopposed. Since plaintiff did not give defendant notice of this Court's tentative ruling system, as required by Local Rule 3.04(B), counsel must notify defendant of the Court's tentative ruling and be on telephone standby in case defendant appears to contest the rulings. This minute order is effective immediately. No formal order is needed, C.R.C. rule 391. Plaintiff to serve defendant with notice of the Court's ruling no later than Wednesday, April 13, 2005. C.C.P. 1019.5. c Department 54 April 13, 2005 Page 8 ______________ *** ITEM 16 04AM05124 AMERICAN EXPRESS CENTURION BANK, VS. THOMAS ASKINS, ET AL. Nature of Proceeding: MT TO COMP RESP TO DMD FOR PD Filed By: RAY, THOMAS M. Plaintiff's motion is granted; opposition was not received by the Court. Defendant Thomas Askins is ordered to serve verified responses, without objections, to plaintiff's Demand for Production of Documents, set one, no later than Monday, April 25, 2005. The request for a monetary sanction is denied as the motion is unopposed. Since plaintiff did not give defendant notice of this Court's tentative ruling system, as required by Local Rule 3.04(B), counsel must notify defendant of the Court's tentative ruling and be on telephone standby in case defendant appears to contest the rulings. This minute order is effective immediately. No formal order is needed, C.R.C. rule 391. Plaintiff to serve defendant with notice of the Court's ruling no later than Wednesday, April 13, 2005. C.C.P. 1019.5. c *** ITEM 17 04AM05124 AMERICAN EXPRESS CENTURION BANK, VS. THOMAS ASKINS, ET AL. Nature of Proceeding: MT FOR ORD DM ADMISSIONS ADM Filed By: RAY, THOMAS M. Plaintiff's motion is granted; opposition was not received by the Court. The Admissions served on defendant Thomas Askins are deemed admitted unless, prior to the hearing, Mr. Askins serves proposed responses that comply with Code of Civil Procedure Section 2033(f)(1). Code of Civil Procedure Section 2033(k). A mandatory monetary sanction of $561.30 is awarded to plaintiff from defendant. Code of Civil Procedure Section 2033(k). Since plaintiff did not give defendant notice of this Court's tentative ruling system, as required by Local Rule 3.04(B), counsel must notify defendant of the Court's tentative ruling and be on telephone standby in case defendant appears to contest the rulings. This minute order is effective immediately. No formal order is needed, C.R.C. rule 391. Plaintiff to serve defendant with notice of the Court's ruling no later than Wednesday, April 13, 2005. C.C.P.  1019.5. c Department 54 April 13, 2005 Page 9 ______________ *** ITEM 18 04AM05728 MAD BUTCHER MEAT CO., INC. VS. SADIK DIAB, ET AL Nature of Proceeding: Default Hearing Filed By: PERITORE, MICHAEL A. Appearance Required. *** ITEM 19 04ED29796 STATE OF CALIFORNIA, ET AL VS. RODNEY D. WEITZ Nature of Proceeding: CLAIM OF EXEMPTION Filed By: MCLAUGHLIN, L. The claim of exemption is denied. The claim of exemption is based on the fact that the earnings of the judgment debtor are needed for his/her support or the support of his/her family. An exemption on that ground is not available since the underlying judgment is for a debt incurred for the common necessaries of life. Unemployment Insurance wrongfully obtained is presumed to be used for the common necessaries of life. However, the judgment creditor is willing to accept a lesser amount than it is entitled to garnish. The Sheriff is therefore directed to garnish $150 per month from the judgment debtor's earnings and return to the judgment debtor any amount it is holding greater than $300. ***