&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 20, 2005, 09:00 ITEM 1 02AS02880 JASON M. HAUCK, ET AL VS. TRAVIS E. WAGNER č Nature of Proceeding: Motion To Dismiss Filed By: SALBERG, JEFFREY R. Defendant's motion to dismiss action pursuant to CCP sections 583.410(a) and 583.420(a)(2) is dropped from calendar for insufficient notice. The moving papers were served by mail on March 17, 2005, providing 34 days notice of hearing. At least 45 days notice is required for motions seeking dismissal of a case pursuant to the above code sections. CRC Rule 373(a). Defective notice deprives the Court of jurisdiction to hear the motion. Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509, 511. a *** ITEM 2 02AS06904 PAUL CRESS, ET AL VS. SPRINGER INVESTMENT MANAGEMENT, ET AL Nature of Proceeding: Petition To Confirm Arb Award Filed By: COYNE, CHARLES B. The petition to confirm arbitration award is unopposed and is granted. a *** Department 54 April 20, 2005 Page 2 ______________ ITEM 3 03AS04988 MICHAEL MOORE VS. 10138 COLOMA PARTNERS, ET AL Nature of Proceeding: Motion To Compel Filed By: BATES, MARK A. Defendants Mark Stevenson and Parker-Stevenson Commercial Real Estate's motion to compel discovery responses is unopposed and is granted. Plaintiff Michael Moore shall serve verified responses, without objection, to first sets of form and special interrogatories and demand for production of documents no later than May 2, 2005. Sanctions are denied as the motion is unopposed. The minute order is effective immediately. No formal order pursuant to CRC Rule 391 or further notice is required. a *** ITEM 4 03AS06372 LUELLA BLOUNT, ET AL VS. STUART I. SLAFF, ET AL Nature of Proceeding: MOT FOR ORDER FOR TERMINATING SANCTIONS OR EVID SANCTIONS Filed By: DODSON, J. LUCIAN III Defendants Stewart and Patricia Slaff's motion for terminating or evidentiary sanctions is unopposed and is granted as follows. Plaintiff Mark Moore failed to respond to discovery, including form and special interrogatories and request for production of documents; failed to opposed defendants' first motion to compel such responses; did not comply with the court's order of November 16, 2004; failed to oppose defendants' second motion to compel discovery responses; did not comply with the court's order of February 23, 2005, and has filed no opposition or response to this motion. The Court concludes that plaintiff Mark Moore has abandoned his case, and that a terminating sanction would not result in a windfall for moving defendants. The complaint filed by Mark Moore is hereby dismissed. The minute order is effective immediately. No formal order pursuant to CRC Rule 391 or further notice is required. Defendants are directed to submit a judgment of dismissal for the Court's signature. a *** Department 54 April 20, 2005 Page 3 ______________ ITEM 5 04AS01056 VENIAMIM PUSTYNOVICH VS. CATHERINE CUMMINGS Nature of Proceeding: Motion To Compel Filed By: PIXLER, SAPPHIRA W. Dropped. *** ITEM 6 04AS03233 KEVAN H. GILMAN, ET AL VS. KIMLONG CHUONG, ET AL Nature of Proceeding: Motion For Reconsideration Filed By: SCHLANGER, JOHN This matter is continued on the Court's own motion to April 28,2005 so that it may be heard by Judge Cecil. a *** ITEM 7 05CS00392 EVELYN C. BALASA VS. GEICO INSURANCE CO. Nature of Proceeding: Petition To Compel Arbitration Filed By: HAVEN, RONALD R. Dropped. *** ITEM 8 04AM10322 PATELCO CREDIT UNION VS. RICARDO A. ADAMS Nature of Proceeding: Writ of Possession Hearing Filed By: CAUDILL, THOMAS The application for writ of possession is unopposed and is granted on condition that proof of service of the moving papers is filed in Dept. 54 prior to hearing. As defendant has no equity in the vehicle, plaintiff need not file an undertaking. CCP section 515.010(b). To prevent plaintiff from taking possession of the vehicle, or to regain possession of the vehicle from plaintiff, defendant must file an undertaking in the amount of $20,000. CCP section 515.020(a). a Department 54 April 20, 2005 Page 4 ______________ *** ITEM 9 04ED54666 STATE OF CALIFORNIA, ET AL VS. SERGIO MORENO Nature of Proceeding: CLAIM OF EXEMPTION Filed By: MCLAUGHLIN, L. Hearing vacated pursuant to minute order dated April 14, 2005. *** ITEM 10 91C23724 WELLS FARGO BANK VS. JENNIFER M. WRIGHT Nature of Proceeding: CLAIM OF EXEMPTION Filed By: YALON, JEROME M. JR. This matter is dropped from calendar as it was heard and decided on March 29, 2005. a ***