Apr 21, 2018

TENTATIVE RULINGS

LAW & MOTION CALENDAR

FRIDAY, APRIL 20, 2018, 9:00 A.M. 

 

 

 

Courtroom 16 – Hon. Patrick M. Broderick

3035 Cleveland Avenue, Santa Rosa

 

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 will need to contact the Judicial Assistant by telephone at (707) 521-6729 by 4:00 p.m., Thursday, April 19th, 2018.  Any party requesting an appearance must notify all other opposing parties of their intent to appear.  Parties in motions for claims of exemption are exempt from this requirement.

 

CourtCall is available for all Law and Motion appearances, EXCEPT parties in motions for claims of exemption which are mandatory appearances.  CourtCall can be reached directly at (888) 882-6878.

 

 

 

PLEASE NOTE:  The Court no longer provides Court Reporters for motion hearings.  If they wish, the parties may confer and arrange for one of the parties to bring a privately retained Certified Shorthand Reporter to serve in the matter.

 

 

 

   

1.        MCV-240837, Collectronics, Inc. v. S&A Holdings Fontana, LLC:

 

Motion to Compel Answers to Post-Judgment Discovery and for Sanctions is Granted.  Defendant is ordered to provide responses to the discovery within 30 days of the service of notice of entry of this order.  Sanctions of $360 awarded to the moving party.

 

The prevailing party is to prepare an order conforming with the order of the court, submitting it to the opposing party for review five days prior to submitting it to the court.

 

 

2.        MCV-241290, Cavalry SPV I, LLC v. Mobbs:

                       

Motion to Transfer Venue Granted.

 

The prevailing party is to prepare an order conforming with the order of the court.

 

 

3.        MCV-242056, Collectronics, Inc. v. Fisher Baker & Farmer, LLC:

 

            Motion for Appointment of a Receiver is Granted.

 

            The prevailing party is to prepare an order conforming with the order of the court, submitting it to the opposing party for review five days prior to submitting it to the court.

 

 

4.        SCV-256684, Miller v. Cats 4 U:

 

            Appearance required.

           

 

5.        SCV-260934, Moss v. Lithia Chrysler Jeep Dodge of Santa Rosa:

 

Demurrer Overruled.  The complaint only gives the dates for the transaction in which Plaintiff entered into the insurance agreement and the accident.  It does not indicate when Plaintiff made her claim or when the claim was denied, when Plaintiff suffered any injury, when Plaintiff knew or should have known of any alleged wrongdoing, or, in short, when the cause of action accrued.  The cause of action is thus not untimely on the face of the pleadings. 

 

The prevailing party is to prepare an order conforming with the order of the court, submitting it to the opposing party for review five days prior to submitting it to the court.

                       

 

 

     

 

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