&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 28, 2005, 09:00 ITEM 1 02AS07030 HI-VOLTAGE WIRE WORKS, INC., ET AL VS. WALTER ZACHARIA, ETALč Nature of Proceeding: Demurrer Filed By: WONG, COREN D. Defendant Ed Herman, individually and dba Capital Power Products' demurrer to the fourth amended complaint is ruled upon as follows. The court did not consider the paragraphs ordered stricken in defendant's accompanying motion to strike and motion for sanctions. Defendant's demurrer to the 12th cause of action, intentional interference with contractual relations, is sustained without leave to amend for failure to state facts sufficient to constitute a cause of action. Plaintiff fails to allege when the individual contracts were breached and when this defendant had knowledge of the contractual relationships. As plaintiff points out, unlike other defendants, Herman was a vendor, not an employee of plaintiff. Plaintiff does not allege facts demonstrating how and when he knew of the contracts' existence. The allegation that he knew of them "through his personal relationship with Defendant Walter Zacharias" is insufficient. Finally, plaintiff does not allege when and how the contract were breached by the third parties and how plaintiff was damaged. Defendant's demurrer to the 13th cause of action, intentional or negligent interference with prospective economic advantage, is sustained without leave to amend for failure to state facts sufficient to constitute a cause of action. Plaintiff fails to allege an independent wrong. Although defendant is named in paragraph 255, that paragraph states defendants breached a fiduciary duty and "made preparations to compete against" plaintiff "before they resigned" from plaintiff. Defendant was a vendor, not an employee. Further, funding a new company is not an independent wrong. That act was allegedly defendant's interference. With respect to negligent interference, plaintiff fails to allege a special relationship, a duty of care, or defendant's negligent act. Defendant's request for judicial notice is granted. Plaintiff having had several opportunities to state a cause of action, the court declines to grant leave to amend. Defendant's counsel shall prepare an order pursuant to CRC rule 391 and a judgment of dismissal for the court's signature. f Department 54 April 28, 2005 Page 2 ______________ *** ITEM 2 02AS07030 HI-VOLTAGE WIRE WORKS, INC. VS. WALTER ZACHARIA, ET AL Nature of Proceeding: MOTION TO STRIKE Filed By: WONG, COREN D. Defendant Ed Herman, individually and dba Capital Power Products' motion for to strike portions of the plaintiff's fourth amended complaint is granted without leave to amend. See ruling in item three. Plaintiff's request for judicial notice is granted. This minute order is effective immediately. No formal order pursuant to CRC rule 391 or other notice is required. f *** ITEM 3 02AS07030 HI-VOLTAGE WIRE WORKS, INC., VS. WALTER ZACHARIA, ET AL. Nature of Proceeding: MOTION FOR SANCTIONS Filed By: WONG, COREN D. Defendant Ed Herman, individually and dba Capital Power Products' motion for sanctions is granted in part and denied in part. Defendant contends plaintiff's amendment of the 12th and 13th causes of action demonstrate an improper purpose. CCP section 128.7(b)(1). On February 4, 2005, the court granted certain defendants' motion for judgment on the pleadings of the third amended complaint and granted plaintiff leave to amend the 3rd, 14th, 16th and 17th causes of action. The ruling did not grant plaintiff leave to amend any other portion of the complaint. Nonetheless, in its fourth amended complaint plaintiff also amended the 12th and 13th causes of action. Those amendments exceeded the court's order, particularly as many of the amendments concerned this defendant, who was not a party to the motion for judgment on the pleadings. Plaintiff's amendment, however, need not necessarily be for an improper purpose, e.g., "to harass or to cause unnecessary delay or needless increase in the cost of litigation," to plaintiff's amendment. Nonetheless, the court orders the amendments to the 12th and 13th causes of action stricken. Defendant contends the 12th and 13th causes of action lack "legal merit" and "evidentiary support." Although the court agrees that in the 12th and 13th causes of action plaintiff fails to state causes of action against this defendant, pleading defects alone are not sufficient to mandate a CCP section 128.7 sanction. As for lack of evidence, defendant concedes that he was aware of some contracts. Further, a pleader must be permitted significant leeway with respect to a defendant's knowledge and intent. Finally, the fact that defendant thought that plaintiff might be going bankrupt does not necessarily preclude him from interfering with plaintiff's contracts or prospective economic advantage. A contract does not disappear when a party declares bankruptcy. The amendments to the 12th and 13th causes of action of the fourth amended complaint are ordered stricken. Defendant's other requests for sanctions are denied. The court did not consider defendant's reply papers which were not timely served. This minute order is effective immediately. No formal order pursuant to CRC rule 391 or other notice is required. f Department 54 April 28, 2005 Page 3 ______________ *** ITEM 4 03AS02618 DIANN L. SMOOTH VS. DEL PASO HEIGHTS SCHOOL DISTRICT, ET AL Nature of Proceeding: Motion To Compel Filed By: ANWYL, JAMES T. Continued to 05/05/2005 *** ITEM 5 03AS04213 JAMES TORZA VS. JAKE M. ALLEN, ET AL Nature of Proceeding: MOTION TO QUASH DEPOSITION SUBPOENA Filed By: OLASO, MANOLO H. Continued to 05/11/2005 *** ITEM 6 03AS05398 NICHOLAS SERVODIO, JR. VS. LISA RAQUEL LOPEZ, ET AL Nature of Proceeding: MOT FOR ORDER REQUIRING COMPLIANCE WITH SUBPOENA Filed By: KOYAMA, JULIE K. Defendants Lisa Raquel Lopez and Jose Lopez's motion to compel compliance with subpena is dropped from calendar as it was not served on the non=party witness. CRC Rule 337. a *** ITEM 7 03AS05594 BRIAN BUCHANAN VS. CAPITOL RACING ASSOCIATION, INC., ET AL Nature of Proceeding: Summary Judgment Filed By: FUTERMAN, SHARON Continued to 05/26/2005 Department 54 April 28, 2005 Page 4 ______________ *** ITEM 8 03AS05594 BRIAN BUCHANAN, VS. CAPITAL RACING ASSOCIATION, INC., ET AL. Nature of Proceeding: SUMMARY JUDGMENT Filed By: HORAN, STEPHEN E. Continued to 05/26/2005 *** ITEM 9 03AS05594 BRIAN BUCHANAN VS. CAPITOL RACING ASSOCIATION, INC., ET AL Nature of Proceeding: Summary Judgment Filed By: FUTERMAN, SHARON B. Continued to 05/26/2005 *** ITEM 10 03AS05678 KELLI P. BENEDICT, ET AL VS. DAVID D. JOHNSON, ET AL Nature of Proceeding: MOT TO EXCLUDE EXPERT WITNESS LIST Filed By: CAMPBELL, MARK A. Appearance Required. *** ITEM 11 03AS05678 KELLI BENEDICT, ET AL. VS. DAVID D. JOHNSON, ET AL. Nature of Proceeding: MT FOR ORD PREC EVID/ISSU Filed By: CAMPBELL, MARK A. Appearance Required. Department 54 April 28, 2005 Page 5 ______________ *** ITEM 12 03AS05678 KELLI BENEDICT, ET AL. VS. DAVID D. JOHNSON, ET AL. Nature of Proceeding: MOT FOR SANCTIONS Filed By: FOGARTY, MICHAEL T. Appearance Required. *** ITEM 13 03AS05678 KELLI BENEDIT, ET AL. VS. DAVID D. JOHNSON, ET AL. Nature of Proceeding: MT TO SET ASDE/PROT ORD/SNCTNS Filed By: GILBERT, GREGORY F. Appearance Required. *** ITEM 14 04AS01046 KEVIN D. FALLS VS. JOANN HOLLISON, ET AL Nature of Proceeding: PETITION TO CORRECT ARB AWARD Filed By: DEHART, A. JEFFREY The petition to correct arbitration award is denied. Claimant's UM claim against respondent Geico Insurance Co. was consolidated for all purposes, including trial, with his civil action against defendants Hollison and Lopez. The consolidated action was then referred to judicial arbitration. The arbitrator issued an award on February 3, 2005. Respondent asserts in this petition that the award erroneously awarded costs. However, judicial arbitration is governed by a different statutory scheme than private arbitration, and no provision is made in the statutes for judicial arbitration for correction of an award. As no party filed a request for trial de novo, the arbitration award has become final and accordingly judgment has been or will be entered thereon. As the UM claim was consolidated with the civil action for all purposes, it is treated in the same manner as the civil action. The minute order is effective immediately. No formal order pursuant to CRC Rule 391 or further notice is required. a Department 54 April 28, 2005 Page 6 ______________ *** ITEM 15 04AS03210 TRICIA NELSON DRYDEN VS. CARY MORENO-HUNT, M.D., ET AL Nature of Proceeding: Petition To Compel Arbitration Filed By: PIERROU, YVONNE M. This matter is stayed pending arbitration pursuant to the stipulation filed on April 26, 2005. a *** ITEM 16 04AS03233 KEVAN H. GILMAN, ET AL VS. KIMLONG CHUONG, ET AL Nature of Proceeding: Motion For Reconsideration Filed By: Plaintiff's motion for reconsideration is denied. It does not comply with CCP 1008. The declaration from plaintiff's prior counsel is not a new fact; it is an old fact that should have been brought to the court's attention months ago. It is also irrelevant to the amount of or imposition of sanctions. This minute order is effective immediately. No formal order is required, the tentative ruling being sufficient notice. *** ITEM 17 04AS03308 JULIE KOSLOV, VS. ROBERT COOK, ET AL. Nature of Proceeding: MOT FOR TERM/ISSU/EVID/MONET SNCTNS Filed By: BUCKMAN, MARK F. Continued to 05/12/2005 *** Department 54 April 28, 2005 Page 7 ______________ ITEM 18 04AS04128 CHRISTOPHER L. KREEGER, ET AL VS. DONALD M. WANLAND, JR,ETAL Nature of Proceeding: MOTION FOR ATTORNEY'S FEES Filed By: WANLAND, DONALD M. JR. Defendant Georgia Wanland's motion for attorney fees pursuant to CCP section 425.16(c) is granted. The Court is satisfied on the record before it that the work for which fees are claimed was actually performed. Plaintiffs' objections to and motion to strike the Kohl, McGeer and Wanland declarations filed with the reply are overruled and denied. The declarations are proper rebuttal evidence and merely expand on the evidence submitted in support of the moving papers. Defendant Georgia Wanland is awarded $22,022.50 in attorney fees against plaintiffs. The minute order is effective immediately. No formal order pursuant to CRC Rule 391 or further notice is required. a *** ITEM 19 04AS04252 SA REGIONAL CO SANITATION DIST. VS. WELCAM-80 VENTURE, ET AL Nature of Proceeding: Demurrer Filed By: This matter was advanced and heard on March 25, 2005. *** ITEM 20 04AS04676 STANDLY TRAN, ET AL VS. FRANCISCO CUEVAS, ET AL Nature of Proceeding: Motion To Compel Filed By: COSTA, DANIEL P. Dropped. *** Department 54 April 28, 2005 Page 8 ______________ ITEM 21 05AS00172 VIRGINIA J. SILVA, ET AL VS. PIONEER HOUSE, ET AL Nature of Proceeding: Demurrer Filed By: CHOI, EDWARD Y. The demurrer of defendants Cathedral Pioneer Church Homes No. Two, Retirement Housing Foundation, Inc. and Foundation Property Management, Inc. is unopposed and is sustained with leave to amend for failure to state a cause of action. An amended complaint may be filed and served no later than May 9, 2005. The minute order is effective immediately. No formal order pursuant to CRC Rule 391 or further notice is required. a *** ITEM 22 05AS00172 VIRGINIA J. SILVA, ET AL. VS. CATHEDRAL PIONEER CHURCH HOMES Nature of Proceeding: MOTION TO STRIKE Filed By: CHOI, EDWARD Y. The motion to strike is unopposed and is granted with leave to amend. An amended complaint may be filed and served no later than May 9, 2005. The minute order is effective immediately. No formal order pursuant to CRC Rule 391 or further notice is required. a *** ITEM 23 05CS00272 IN RE: PARAMVIR SINGH SIHOTA Nature of Proceeding: Petition For Change Of Name Filed By: SIHOTA, PARAMVIR SINGH The petition is unopposed and is granted. a Department 54 April 28, 2005 Page 9 ______________ *** ITEM 24 04AM07804 DMITRIY AVRAMOV VS. EALR VINSON Nature of Proceeding: Motion To Compel Filed By: MENDONCA, EDALINA M. Dropped. *** ITEM 25 04AM09224 FORD MOTOR CREDIT COMPANY VS. PATRICIA CORPOS Nature of Proceeding: Motion To Compel Filed By: LANA, EDGAR J. Plaintiff's motion to compel defendant's responses to form and special interrogatories and for order deeming request for admissions admitted is unopposed and is granted. Defendant shall serve verified responses, without objection, to form and special interrogatories no later than May 9, 2005. The truth of the matters asserted in the request for admissions served on defendant on January 27, 2005 is hereby deemed admitted unless responses substantially complying with CCP section 2033(f)(1) are served prior to hearing. CCP section 2033(k). Plaintiff is awarded mandatory sanctions pursuant to CCP section 2033(k) in the amount of $175 against defendant. The minute order is effective immediately. No formal order pursuant to CRC Rule 391 or further notice is required. a a ***