Aug 28, 2014

Wednesday, August 27, 2014, 3:00 p.m.
Courtroom 16 -- Covered by Visiting Judge Raymond Giordano
3035 Cleveland Avenue, Suite 200, Santa Rosa

CourtCall is available for all Law & Motion appearances, EXCEPT parties in small claims cases and motions for claims of exemption which are mandatory appearances. Please contact CourtCall directly at (888) 882-6878. 

The following tentative rulings will become the ruling of the Court unless a party desires to be heard. If you desire to appear and present oral argument as to any motion, YOU MUST notify the Court by telephone at (707) 521-6547, and all other opposing parties of your intent to appear by 4:00 p.m. today, Tuesday, August 26, 2014.  Parties in small claims cases and motions for claims of exemption are exempt from this requirement.


1. MCV-228506; GE Capital v. Fitzgerald


Motion for leave to file an Amended Complaint is granted. 



2. MCV-229049; Capital One v. Pimentel


Appearance required.



3. MSC-183811; Smith v. Groobin

Appearance required.



4. SCV-253389; Salandra v. Hower

The Motion to Compel Responses to Special Interrogatories is continued to October 1, 2014 at 3:00 p.m. in Department #16 pursuant to the Discovery Facilitator’s Recommendations which are as follows:


1.    That the hearing on this motion be continued for 30 days to a date and time set by the Court.


2.    That Judgment Debtors Robert and Ami Hower (“Judgment Debtors”), or their counsel of record, be ordered to appear personally at the continued hearing on this matter and to produce at or before the continued hearing: (a) answers to all interrogatories propounded by Judgment Creditor Ken Salandra, without objection, or (b) an Order that stays enforcement of the Judgment rendered in that case entitled Kenneth J. Salandra, etc. v. Robert and Ami Cheri Hower, Third Circuit Court of Hawaii Case No. 10-01-304K (hereafter, the “Hawaii Action”);


3.    That the Judgment Debtors and/or counsel John E. Carey, Jr. provide the Court with evidence regarding withdrawal of attorney Carey as attorney of record for Judgment Debtors at or before the continued hearing on this motion; and


4.    That the issue of sanctions against Judgment Debtors be reserved for the continued hearing on this motion and Judgment Debtors compliance with items 2-3 above.



5. SCV-254248; RSB Vineyards v. Orsi

Summary Judgment is granted.  Alternatively, Summary Adjudication is granted as to Plaintiff’s first through fifth causes of action.  Plaintiff has not established a triable of material fact as to any of its five causes of action.  Plaintiff has no evidence of actual knowledge of any allegedly substandard conditions to the Property.


Plaintiff’s Evidentiary Objections are denied in toto.


Plaintiff’s Request for Judicial Notice is granted.  


Defendant’s Objections to Plaintiff’s Opposition Evidence is sustained in toto.


Defendant’s Objections to Opposition Brief and Motion to Strike is sustained in toto.


Defendant’s Objections to the Declaration of Larry Miyano is sustained and the declaration is stricken.



6. SCV-254684; GC Micro Corp v. Brown

Motion for Summary Judgment, Motion for Summary Adjudication and Motion for Sanctions are continued to September 10, 2014 at 3:00 p.m. in Deparment #16.



7. SCV-254874; SR Ave. Self Storage v. American River Bank

Petition to Compel Arbitration of and sever claims against Defendant American River Bank & stay remaining claims is granted.



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