Aug 28, 2015

TENTATIVE RULINGS
LAW & MOTION CALENDAR
Wednesday, August 26, 2015, 3:00 p.m.
Courtroom 16 - Hon. 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 Judge Daum’s Judicial Assistant by telephone at (707) 521-6547, and all other opposing parties of your intent to appear by 4:00 p.m. today, Tuesday, August 25, 2015. Parties in small claims cases and motions for claims of exemption are exempt from this requirement.

 

 

 

 

1. MSC-185310; Corwin v. Morgan

Appearance required.

 

 

2. SCV-256030; Tic Westwind v. Core Realty

 

Appearance required.

 

 

3. SCV-256098; American Express v. Mack

Plaintiff’s motion for entry of judgment is granted.

 

The parties signed a Stipulation for Conditional Entry of Judgment Pursuant to CCP section 664.6.  Pursuant to the terms of the Stipulation, Defendant agreed to pay Plaintiff $29,694.78, inclusive of court costs, in monthly payments.  (Page 2, line 1 of Stipulation).  Dubowski Dec. ¶5.

 

On or about January 19, 2015, Plaintiff filed an Order for Dismissal Pursuant to CCP section 664.6.  (Attached as Exhibit “B”, specifically requesting that the Court, “please retain jurisdiction pursuant to CCP section 664.6”, as was agreed to by the Parties. Id  6.

 

The Defendant has made payments in the amount of $6,070.00 toward the settlement amount agreed.  To date, Defendant has failed to make payments on the remaining settlement balance. Id ¶7.

 

The Defendants voluntarily entered into the settlement agreement for a payment arrangement to settle this case in accordance with CCP section 664.6.  Defendants have defaulted on the terms of the Stipulation.

 

Plaintiff is entitled to entry of judgment in the amount of $23,034.78, plus costs of suit pursuant to the Stipulation.

 

 

4. SCV-257264; Meyers v. Drain

Demurrer is moot in light of filing of First Amended Complaint.

 

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