&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 THOMAS M. CECIL, Judge R. ROUSE, Clerk V. CARROLL, Bailiff April 27, 2005, 09:00 ITEM 1 02AS05824 JANA TEEL,ETAL VS. CHAPEL OF THE TWIN CITIES,ETAL č Nature of Proceeding: MOT FOR GOOD FAITH SETTLEMENT AND DISMISSAL OF ACTION Filed By: BENZINGER, ANDREW E. The motion to determine the settlement among Albert Ulmer, Chapel of the Twin Cities and Plaintiffs, in which defendants agree to pay plaintiffs $42,500, is in good faith and that any cross-complaints against Ulmer and Chapel of the Twin Cities be dismissed, is granted; opposition was not received by the Court. The Court finds the Tech-Bilt factors are met. 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 27, 2005 Page 2 ______________ ITEM 2 02AS07560 MICHAEL A. HUGHES VS. STATE OF CALIFORNIA, ET AL Nature of Proceeding: MOTION FOR LEAVE TO FILE AMENDED ANSWER Filed By: COLSON, TAMARA M. Defendant Department of Fish & Game's motion to file an amended answer is granted; the Court notes the parties stipulated the amended answer can be filed. Defendant is to file and serve its First Amended Answer no later than Friday, April 29, 2005. The copy accompanying the motion will not be separately filed by the Court clerk 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 *** ITEM 3 04AS01600 OK KU FLETCHER, ET AL VS. EFREN GUTIERREZ BECERRA Nature of Proceeding: Motion To Withdraw Atty of Rec Filed By: VIRGA, JOHN E. The motion to withdraw as counsel of record for plaintiffs Ok Ku Fletcher and Micha White is granted, however counsel must appear in department 29 on April 28, for the Case Management Conference. The order becomes 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 to serve all other parties who have appeared in the case with a copy of the signed order. c Department 54 April 27, 2005 Page 3 ______________ *** ITEM 4 04AS01772 MONIQUE THOMAS, ET AL VS. SEQUOIA EQUITIES, INC., ET AL Nature of Proceeding: MT TO WITHDRW ATTY OF REC/M.THOMAS Filed By: CAIN, C. JEAN The motion to withdraw as counsel of record for plaintiffs Monique Thomas individually and as guardian ad litem for Kareen Walker Thomas and Trevellion Thomas is granted. The order becomes 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 to serve all other parties who have appeared in the case with a copy of the signed order. c *** ITEM 5 04AS01772 MONIQUE THOMAS, ET AL. VS. SEQUOIA EQUITIES, INC., ET AL. Nature of Proceeding: MT TO WITHDRW ATTY OF REC/C.NEWMAN Filed By: CAIN, C. JEAN The motion to withdraw as counsel of record for plaintiff Carmen Newman is granted. The order becomes 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 to serve all other parties who have appeared in the case with a copy of the signed order. c Department 54 April 27, 2005 Page 4 ______________ *** ITEM 6 04AS01772 MONIQUE THOMAS, ET AL. VS. SEQUOIA EQUITIES, INC., ET AL. Nature of Proceeding: MT TO WITHDRW ATTY OF REC/T. A Filed By: CAIN, C. JEAN The motion to withdraw as counsel of record for plaintiffs Terry Arnold, individually and as guardian ad litem for Tiki Newman is granted. The order becomes 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 to serve all other parties who have appeared in the case with a copy of the signed order. c *** ITEM 7 04AS03298 JAIME ARIAS-MALDONADO VS. ERIC J. MESSERSMITH, ET AL Nature of Proceeding: MOTION TO QUASH SUBPOENA Filed By: GOLDMAN, JAY M. The motions to quash the subpoenas served on Mr. James E. Herman and Mr. Luis Casillas-Robles are granted. The subpoenas are invalid as Mr. Arias-Maldonado, who is neither a court clerk, judge or attorney-at-law, may not issue subpoenas. C.C.P. 1985(c). This minute order is effective immediately. No formal order is needed, C.R.C. rule 391. Defendants to serve Mr. Arias-Maldonado with notice of the Court's ruling no later than Wednesday, April 27, 2005. c Department 54 April 27, 2005 Page 5 ______________ *** ITEM 8 04AS03818 BENJAMIN MATTA, JR. VS. GJUHSD, ET AL Nature of Proceeding: MOT FOR ORDER SEEKING COMPLIANCE WTIH DEPOS SUBPOENA/SNCTNS Filed By: MURPHY, KELLIE M. Dropped. *** ITEM 9 04AS05050 ZELYNA MONTALVO VS. AMERIQUEST MORTGAGE COMPANY, ET AL Nature of Proceeding: PET TO COMPEL ARBITRATION/BUFORD Filed By: MURPHY, ELIZABETH H. The motion to compel arbitration is unopposed and is granted. This action is hereby stayed pending conclusion of arbitration proceedings. a *** ITEM 10 04AS05050 ZELYNA MONTALVO, VS. AMERIQUEST MORTGAGE COMPANY, ET AL. Nature of Proceeding: PET TO COMPEL ARBITRATION/CRAWFORD Filed By: MURPHY, ELIZABETH H. The motion to compel arbitration is unopposed and is granted. This action is hereby stayed pending conclusion of arbitration proceedings. a *** ITEM 11 05AS00828 RAMON LUNA VS. NABIL SAMAAN Nature of Proceeding: Petition To Compel Arbitration Filed By: MELAMED, HOWARD R. Continued to 05/11/2005 Department 54 April 27, 2005 Page 6 ______________ *** ITEM 12 05CS00310 IN RE: MOHAMAD RUSTAM, ET AL Nature of Proceeding: Petition For Change Of Name Filed By: RUSTAM, MAHAMAD The Petition for Changes of Names is granted. *** ITEM 13 05SP00004 MONIK N. GORDON VS. ELK GROVE UNIFIED SCHOOL Nature of Proceeding: Motion For Reconsideration Filed By: RANDOLPH, JOHN D. Plaintiff's motion for reconsideration is denied. The law and facts plaintiff offers do not meet the "new or different" requirement of CCP section 1008(b). They were available at the time of plaintiff's motion. Further, Government Code 911.4(c)(3), upon which plaintiff relies, was enacted after plaintiff's time to file a claim had expired. The statute does not expressly provide for retroactivity. See, e.g., Krupnick v. Duke Energy (2004) 115 Cal.App.4th 1026, 1028. Finally, in a "supplemental reply," plaintiff cites new, not yet final, caselaw, regarding CCP section 340.1. Plaintiff, however, does not state any facts which would bring her claim under that statute. Defendant contends that the motion was served by mail on March 21, 2005 and therefore untimely. Defective service deprives the court of jurisdiction. Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509. However, a proof of service in the court's file states under penalty of perjury that plaintiff served the motion by mail on February 24, 2005. This minute order is effective immediately. No formal order pursuant to CRC rule 391 or other notice is required. f *** Department 54 April 27, 2005 Page 7 ______________ ITEM 14 02UD05163 WESTWOOD GOLD EXPRESS VS. CORVEL CORP. Nature of Proceeding: Motion To Strike Filed By: STEPHENSON, FREDERICK W. The motion to strike is moot as Corvel Corporation withdrew its memorandum of costs. *** ITEM 15 02UD05163 WESTWOOD GOLD EXPRESS, LTD., VS. CORVEL CORPORATION, ETAL. Nature of Proceeding: MOT TO TAX COSTS/STRKE MEMO Filed By: BETZ, MICHAEL J. The motion to tax costs and strike the memorandum of costs filed by Westwood Gold Express, Ltd. is granted as the Court previously found Corvel Corporation to be the prevailing party pursuant to Civil Code 1717(b)(2) and therefore entitled to reasonable attorney's fees in addition to other costs. 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 16 02UD05163 WESTWOOD GOLD EXPRESS, LTD., VS. CORVEL CORPORATION, ET AL. Nature of Proceeding: MOTION FOR ATTORNEY'S FEES Filed By: STEPHENSON, FREDERICK W. Westwood Gold Express, Ltd.'s motion for attorney's fees as the prevailing party is dropped for failure to timely serve notice of the motion. C.C.P. 1005. 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 27, 2005 Page 8 ______________ *** ITEM 17 05CM00088 L/O OF TWEEDY & HOLLEY VS. MICHAEL J. STEIGH, ET AL Nature of Proceeding: Petition To Compel Arbitration Filed By: KILPATRICK, TERENCE The Petition to Compel Arbitration is granted on condition Petitioner files a proper proof of service of the Motion to Compel Arbitration in department 54 no later than 9:00 a.m., Wednesday, April 27, 2005. The Court finds Petitioner and Respondent entered into a valid agreement to arbitrate. The agreement does not provide a method of appointing an arbitrator, other than to say any dispute shall be resolved by arbitration in accordance with the Code of Civil Procedure of the State of California. Pending a Petition to Appoint an Arbitrator, the request to appoint Mr. Ramsey as arbitrator and to have the arbitration take place at Petitioner's law offices, is denied. C.C.P. 1281.6. This minute order is effective immediately. No formal order is needed, C.R.C. rule 391. Petitioner to serve respondents with notice of the court's ruling no later than Wednesday, April 27, 2005. c *** ITEM 18 05ED01228 STATE OF CALIFORNIA, ET AL VS. ELISA M. RUIZ 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 $300 per month from the judgment debtor's earnings and return to the judgment debtor any amount it is holding greater than $600. Department 54 April 27, 2005 Page 9 ______________ ***