Jul 22, 2014

TENTATIVE RULINGS
LAW AND MOTION CALENDAR
Wednesday, July 16, 2014, 3:00 p.m.
Courtroom 16 -- Judge Elliot Lee Daum
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, July 15, 2014.  Parties in small claims cases and motions for claims of exemption are exempt from this requirement.
 

 

1. MCV-232390; Baker v. Williams

Appearance required.

 

 

2. SCV-247361; Guyot v. Bowman

The Plaintiff Guyot moves for an order assigning all or part of a right to a payment due or to become due, as accounts receivable, deposits accounts, royalties, fees, commissions, etc., from Defendant’s activities, under CCP section 708.510.  Plaintiff claims that the March 25, 2010 judgment entered against Defendant in the amount of $27, 876.27 remains unsatisfied and has reached the amount of $39,511.20 with accrued interest and that a writ of execution is ineffective as Defendant is an independent contractor.  (Walker Dec. ¶¶ 2, 4, 5)  Plaintiff’s motion for the assignment is granted.

 

 

3. SCV-255088; Frey v. Carrington

The demurrer is overruled.

 

Defendant’s Request for Judicial Notice is granted.

 

 

4. SCV-255246; Klinkner v. Friends

Demurrer is moot in light of filing of First Amended Complaint on July 8, 2014.

 

 

5. SCV-255527; Thompson v. Lakewood

The Court continues the hearing to allow additional time to review the recent depositions to see if said evidence is sufficient to rebut Defendant’s prima facie evidence that the votes were counted correctly by the inspectors.  On Wednesday, July 9, 2014 the depositions of Inspector of Elections John Williams and Director Mark Dietrich were taken.  On Thursday July 10, 2014 the depositions of Director Jim Finan and Director Tom Boylan were taken.  The depositions of Directors Gregg Higginbotham and Malcolm Barrack were expected to take place on July 11, 2014.  This matter is continued to August 13, 2014 at 3:00 p.m. in Dept #16.

 

 

6. SCV-255566; Greco v. Greco

The Motion for Change of Venue is granted.  The law is straightforward on this issue.  The Elder Abuses causes of action do not fit within CCP section 395.1. Plaintiff’s Complaint does not allege a cause of action that would make venue proper in Sonoma County.  Contrary to Plaintiff’s assertion, CCP section 395.1 does not govern this action.  Rather, Plaintiff’s lawsuit alleges transitory causes of action for which venue is proper only in Mr. Greco’s county of residence, Shasta County.

 

The Court declines the award of attorney fees.

 

© 2014 Superior Court of Sonoma County