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 Judge Daum’s Judicial Assistant by telephone at (707) 521-6729 by 4:00 p.m. today, Tuesday, May 15, 2012.  Any party requesting an appearance must notify all other opposing parties of their intent to appear.  Parties in small claims cases and motions for claims of exemption are exempt from this requirement.

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

1.  249624 – Beglin v. Mickles
          Defendant’s unopposed Motion for Summary Adjudication of Plaintiff’s Fourth Cause of Action for Hostile Work Environment Harassment fails as a matter of law because the last act of alleged harassment occurred more than one year before Plaintiff filed her charge with the Department of Fair Employment and Housing.  Judgment is granted in favor of Defendant.

2.  249681 – EMI Santa Rosa v. American Optical
          Defendant American Optical Services’ Motion for Leave to File the Cross-Complaint is granted.

3.  249917 – Dal Poggetto v. Switzer
          Demurrer of Defendant Mary Dieter Smith 
               Defendant Mary Dieter Smith’s general and special demurrer is sustained with leave to amend.  In particular, Defendant Smith’s demurrer to the First and Second Causes of Action are sustained with leave to amend.

          Demurrer of Defendant Sean Cutting
               Defendant Sean Cutting’s general demurrer to the First Amended Complaint is sustained with leave to amend.  In particular, Defendant Cutting’s demurrer to the First and Second Causes of Action are sustained with leave to amend.

          Demurrer of Defendant Mel Switzer
               Defendant Mel Switzer’s general demurrer to the First Amended Complaint is sustained with leave to amend.  In particular, Defendant Switzer’s demurrer to the First and Second Causes of Action are sustained with leave to amend.

          Demurrer of Defendants Robert J. Nicholas, Suzanne Brangham, Dale T. Downing, Robert B. Hitchcock and 
          Valerie Pistole
               Defendants’ Robert J. Nicholas, Suzanne Brangham, Dale T. Downing, Robert B. Hitchcock and Valerie Pistole’s general demurrer to the First Amended Complaint is sustained with leave to amend.  In particular, Defendants’ demurrer to the First and Second Causes of Action are sustained with leave to amend.

          Defendant Mary Dieter Smith’s Motion to Strike
               Defendant Mary Dieter Smith’s Motion to Strike is granted.

          Defendant Mary Dieter Smith’s Motion for Bond
               Defendant Mary Dieter Smith’s Motion for Bond under Corporations Code §800(c) is denied.

          Defendant Outside Directors and Defendant Sean Cuttings’ Request for Judicial Notice is granted.

          The Court discloses that it attended law school with Defendant Valerie Pistole and her husband Jeff Walter in 1973.