&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 15, 2005, 09:00 ITEM 1 00AS03306 C & C CONSTRUCTION, INC. VS. SACTO MUNICIPAL UTILITY DIST., č Nature of Proceeding: MOTION TO TAX COSTS ON APPEAL Filed By: CULHANE, KEVIN R. Dropped. *** ITEM 2 00AS03306 UNITED UTILITIES, INC., ET AL VS. SMUD, ET AL Nature of Proceeding: MOTION TO TAX COSTS Filed By: CULHANE, KEVIN R. Dropped. *** ITEM 3 02AS00790 STATE OF CALIFORNIA ET AL VS. PACIFIC BELL TELEPHONE ET AL Nature of Proceeding: Demurrer Filed By: HADDAD, MARK E. On the court's own motion, the matter is continued to April 29, 2005 at 9:00 a.m., so it may be heard by Judge Cecil. Department 54 April 15, 2005 Page 2 ______________ *** ITEM 4 02AS06490 GARY W. GORSKI, ET AL VS. BEAZER HOMES HOLDINGS, CORP, ET AL Nature of Proceeding: ORDER TO SHOW CAUSE Filed By: WUORI, SARA L. Appearance Required. *** ITEM 5 03AS00324 PAUL GREGORY WALTERS, ET AL VS. SUTTER HEALTH, ET AL Nature of Proceeding: Summary Judgment Filed By: DECOST, DAMIEN A. Defendants Dr. George Lian and Orthopedic Trauma Medical Group move for summary judgment. Their evidence shows that the care and treatment rendered to Mr. Walters was within the applicable standard of care and nothing they did or failed to do was a substantial factor in causing any injury to plaintiffs. Since Mr. Walters has no basis for his claim against these moving defendants, plaintiff Lori Jean Walters has no basis to maintain her claim for loss of consortium damages against these moving defendants. See declarations of Lian and Moehring. The evidence is sufficient to sustain defendants burden as the parties moving for summary judgment. Since plaintiffs have failed to file opposition, they do not meet their burden of showing either that defendants are not entitled to judgment or there is a triable issue of material fact. The motion for summary judgment is granted. 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 15, 2005 Page 3 ______________ *** ITEM 6 03AS07101 ANNETTE DEGLOW VS. LOS RIOS COMM. COLLEGE. DIST., ET AL Nature of Proceeding: Demurrer Filed By: MURPHY, KELLIE M. Continued to 05/27/2005 *** ITEM 7 04AS00402 ESTELLE HUNT VS. WASHINGTON MUTUAL BANK, ET AL Nature of Proceeding: DEMURRER Filed By: ENSBERG, STEPHEN E. Continued to 04/26/2005 *** ITEM 8 04AS00634 CLUSTER M. BLACKETER, ETAL VS. THE LAW FIRM OF MELVIN LAUB,E Nature of Proceeding: Motion To Compel Filed By: CHIVERS, CASSIDY E. The motion is dropped as it was not timely served. See C.C.P.  1005, as amended in 2005. *** ITEM 9 04AS01504 MARK THOMAS WILLMON, JR., ET AL VS. CITY OF SACRAMENTO Nature of Proceeding: Demurrer Filed By: RUSSELL, JOSEPH L. The City of Sacramento demurs to the complaint on the grounds the person who filed the pleading does not have the legal capacity to sue; there is a defect or misjoinder of parties; and the pleading does not state facts sufficient to constitute a cause of action. The demurrer and motion to strike on the ground the Estate of Mark Thomas Willmon, Sr. is an improper plaintiff is sustained and granted without leave to amend, per plaintiffs' concession. The demurrer on the ground there are no allegations that a guardian ad litem has been appointed on behalf of Jacob Willmon or William Willmon and, if one has, in what capacity they are individually named, is sustained with leave to amend. The demurrer on the ground neither Vida Willmon or Bill G. Willmon can bring a survival cause of action is overruled as neither plaintiff is making such a claim. The demurrer on the ground Mark Thomas Willmon, Jr. cannot allege facts sufficient to constitute a cause of action is sustained without leave to amend. The Court notes he was dismissed as a plaintiff in this action. The motion to strike William Willmon from the complaint is granted, without leave to amend, per plaintiffs' concession.. The motion to strike the request for punitive damages is denied as the punitive damages are not sought against the public entity but are sought against the individually named defendants. Plaintiffs to file and serve a third amended complaint no later than Friday, April 22, 2005. Defendant to respond no later than Wednesday, May 4, 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 Department 54 April 15, 2005 Page 4 ______________ *** ITEM 10 04AS01992 JAN DOD, ET AL VS. JEFFREY WAYNE, ET AL Nature of Proceeding: DEMURRER (SUTTER) Filed By: TURNER, BRANDI R. Pending a decision by the Third District Court of Appeal, the demurrers to the second amended complaint and the motions to strike are continued on the Court's own motion to Thursday, June 23, 2005. *** ITEM 11 04AS01992 JAN DOD, ET AL. VS. JEFFREY WAYNE, M.D., ET AL. Nature of Proceeding: MOTION TO STRIKE (SUTTER) Filed By: TURNER, BRANDI R. See ruling in item #10. *** ITEM 12 04AS01992 JAN DOD VS. JEFFREY WAYNE, MD, ET AL. Nature of Proceeding: MOTION TO STRIKE Filed By: HALL, KATHERINE See ruling in item #10. *** ITEM 13 04AS01992 JAN DOD, ET AL. VS. JEFFREY WAYNE, ET AL. Nature of Proceeding: DEMURRER Filed By: HALL, KATHERINE See ruling in item #10. *** Department 54 April 15, 2005 Page 5 ______________ ITEM 14 04AS01992 JAN DOD, ET AL. VS. JEFFREY WAYNE, M.D., ET AL. Nature of Proceeding: DEMURRER (WAYNE) Filed By: GUARD, DANIELLE M. See ruling in item #10. *** ITEM 15 04AS01992 JAN DOD, ET AL. VS. JEFFREY WAYNE, M.D., ET AL. Nature of Proceeding: MOTION TO STRIKE (WAYNE) Filed By: GUARD, DANIELLE M. See ruling in item #10. *** ITEM 16 04AS02072 RESTORATION OF HOPE, ET AL. VS. CYRUS YOUSSEFI, ET AL. Nature of Proceeding: DEMURRER Filed By: DILLON, LURA L. The general demurrer by the County of Sacramento and Muriel Johnson is sustained with leave to amend. The Court takes judicial notice that a Government Tort claim was not filed by plaintiffs, nor have they alleged they filed a Tort Claim or that a Tort Claim is not needed. In their opposition, plaintiffs argue they submitted a claim in the form of a written settlement demand made in another lawsuit. Plaintiffs do not allege this in the complaint nor is a copy attached for the Court's review, since plaintiffs state it is confidential. Plaintiffs also argue there is no need for a claim as their cause of action has not accrued. If so, then the demurrer must be sustained as plaintiffs concede their complaint is premature. The argument that the County received constructive notice from a lawsuit prosecuted against another defendant is rejected. Finally, plaintiffs argue no claim is required against the individual defendants as they were acting outside the scope of their employment, role or authority. The allegations are otherwise however. Plaintiffs to file and serve a second amended complaint no later than Monday, April 25, 2005. Defendants County and Johnson to respond no later than Monday, May 9th, 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 Department 54 April 15, 2005 Page 6 ______________ *** ITEM 17 04AS04580 JEAN WERBOWSKY VS. GENCORP INC., ET AL Nature of Proceeding: Filed By: On in error. *** ITEM 18 05AS00130 CYNTHIA AGUILAR, ET AL VS. RITE AID CORPORATION, ET AL Nature of Proceeding: APPLICATION TO APPEAR AS COUNSEL PRO HAC VICE Filed By: FIEGER, GEOFFREY N. The application(s) of Geoffrey N. Fieger and Todd J. Weglarz to appear as counsel pro hac vice are granted on condition applicants file an amended proof of service stating the $50 fee was submitted to the State Bar with the application(s) and notice(s) of hearing. *** ITEM 19 05AS00844 KARIBU LLC VS. TYMANI INC., ET AL. Nature of Proceeding: MOTION TO DISQUALIFY Filed By: NGUYEN, LU T. Continued to 04/22/2005 *** ITEM 20 05AS01120 AMERICA SEJUNG CORP VS. LARRICK INVESTMENTS, ET AL. Nature of Proceeding: Writ Of Attachment Filed By: ERVIN, CHARLES H. Plaintiff's application for a writ of attachment in the amount of $127,480.51 is granted on condition applicant files a proof of service that states compliance with C.C.P. 484.040. In addition, an undertaking of $10,000 must be filed prior to issuance of the writ. C.C.P. 489.220. Department 54 April 15, 2005 Page 7 ______________ *** ITEM 21 05CS00252 IN RE: MARGARET ELIZABETH FRIES Nature of Proceeding: Petition For Change Of Name Filed By: FRIES, MARGARET ELIZABETH The Petition for Change of Name is granted. *** ITEM 22 05CS00318 CHRISTINA OFFENSTEIN ET AL VS. CALIFORNIA STATE AUTOMOBILE Nature of Proceeding: MOTION TO COMPEL Filed By: MEMMOTT, KYLE W. Respondent CSAA's motion is granted, in part. Claimant Dennis Offenstein is ordered to serve verified answers, without objections, to respondent's Form Interrogatories, set one, no later than Monday, April 25, 2005. The request for a monetary sanction is denied as the motion is unopposed. 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 *** Department 54 April 15, 2005 Page 8 ______________ ITEM 23 02AM11054 AMCO INSURANCE COMPANY VS. JANIE ZAVALA, ET AL Nature of Proceeding: Default Hearing Filed By: STONE, PETER ROBERT The court will sign the proposed judgment. *** ITEM 24 03AM00706 STEVEN MADDEN VS. SARAH MOBLEY Nature of Proceeding: Motion To Strike Filed By: To be heard in department 10. *** ITEM 25 03AM09990 CHASE MANHATTAN BANK VS. MITCHELL HARRIS Nature of Proceeding: CLAIM OF EXEMPTION Filed By: DAVIS, SHEDRICK O. Based on the documents and financial statement provided by judgment debtor, the claim of exemption is denied. If a hearing is requested, the burden of proof is on the judgment debtor. *** ITEM 26 04AM05302 JOYCE HOCHMUTH-NOWELL VS. BARLOW SKYLER, ET AL Nature of Proceeding: MOTION TO POSTPONE HRG/TO DISMISS Filed By: HOCHMUTH-NOWELL, JOYCE The motion is dropped as it was not timely served and filed. *** ITEM 27 04AM07654 MEHAR SINGH VS. VANDERHORST BUSINESS INVESTMENTS, INC. ETAL Nature of Proceeding: Demurrer Filed By: LAUMBACH, MARYELLEN Defendant demurs to the contract cause of action, arguing plaintiff is not entitled to a fee since he does not allege he was licensed as a real estate agent or broker during the relevant time period. Plaintiff argues he acted as a finder and did not need to be licensed but in any event will amend the complaint to clarify his role in the transaction. The demurrer therefore is sustained with leave to amend; plaintiff to file and serve a first amended complaint no later than Friday, April 22, 2005; defendant to respond no later than Monday, May 2, 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 Department 54 April 15, 2005 Page 9 ______________ *** ITEM 28 05AM00866 CITIBANK SOUTH DAKOTA VS. LONI A. NAHINU Nature of Proceeding: Motion To Dismiss Filed By: NAHINU, LONI SHERENE The motion to dismiss is dropped. Defendant did not give proper notice; C.C.P.  1005 requires 16 court days notice, plus 5 calendar days if notice is served by mail. In addition, the proof of service shows defendant, a party to the action, served the Notice of Motion, which is also improper. *** ITEM 29 05AM02696 ANGELA PATINO, ETAL VS. GALANT, YVGENIY Nature of Proceeding: Writ Of Attachment Filed By: The writ of attachment is denied as it was not properly served and filed. C.C.P.  1005. ***