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TENTATIVE RULINGS                                                                    
CASE MANAGEMENT CONFERENCE CALENDAR                       
Tuesday, October 11, 2022, 3:00 p.m.            
Courtroom 18 – Hon. Jennifer V. Dollard
 
Civil and Family Law Courthouse
3055 Cleveland Avenue, Santa Rosa, California 95403        
  
 
PLEASE NOTE: In accordance with the Order of the Presiding Judge, a party or representative of a party may appear in Department 18 in person or remotely by Zoom, a web conferencing platform.  However, appearances by Zoom are STRONGLY encouraged.  Whether a party or their representative will be appearing in person or by Zoom must be part of the notification given to the Court and other parties as stated below.

 

Masks are required to be worn at all times while in the courthouse and may not be removed for any purpose, regardless of vaccination status.  Your compliant mask, conforming with the California State Health Orders and CAL/OSHA, must cover your nose and mouth.

  

Court Call is not permitted for this calendar.

If the tentative ruling is accepted, no appearance is necessary via Zoom or in person unless otherwise indicated. 
 
The 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, YOU MUST NOTIFY Judge Dollard’s Judicial Assistant by telephone at (707) 521-6723 and all other opposing parties of your intent to appear, and whether that appearance is in person or via Zoom, no later 4:00 p.m. the court day immediately preceding the day of the hearing.
 
 
MeetingID: 838—5609—8726
Password: 000169
 
TO JOIN “ZOOM” BY PHONE,
By Phone (same meeting ID and password as listed for each calendar):
+1 669 900 6833 US (San Jose)
 
Guide for participating in court proceedings via Zoom in Department 18.
-After joining the meeting and checking in with the clerk, please mute your audio when not speaking. This helps keep background noise to a minimum.
-Be mindful of background noise when your microphone is not muted. Avoid activities that could create additional noise, such as shuffling papers.
-Position your camera properly if you choose to use a web camera. Be sure it is in a stable position and focused at eye level, if possible. Make sure everything visible in the frame is appropriate for an appearance in court.
-If a confidential session becomes necessary it is incumbent on you to ensure you are able to participate from a private location so that unauthorized people cannot overhear or see the proceedings.
-Chat is enabled for the sharing of documents among participants and the court and to allow attorneys to communicate individually with each other or their clients only. No chat messages should be sent privately to the court as it would amount to an unauthorized ex parte communication. Neither should chat messages be sent to all participants unless directed by the court.
-The recording function has been disabled. Remember, the prohibition against recording court proceedings, even remote ones, remains.
-Be patient. Check in will take more time and the experience from those who have tried this before is that proceedings are a little slower generally. 

 

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The following cases are required to appear at 3:00 p.m. in Dept. 18
SCV-270954, Bell v De La Torre – for trial setting.
SCV-270959, Caravayo v Robinson – for trial setting.
SCV-270965, Olson v General Motors, LLC – for trial setting.
SCV-270977, Oakley v Gingher – for trial setting.
SCV-270985, Sabic v General Motors, LLC – for trial setting.
 
The following cases will be continued to a further CMC/OSC calendar in Courtroom 18 (no appearance is required on October 4, 2022):
MCV-257207, Lopez v Mendoza – Matter is continued to 12/13/22 at 3:30 p.m., for plaintiff to show cause why the matter should not be dismissed based on failure to timely seek entry of default judgment. An OSC Re Dismissal shall issue separately.
 
MCV-258734, JSZ Realty Ventures, Inc. v Ono – Continued to 11/15/22 at 3:00 p.m. to allow the Court time to process request for dismissal Plaintiff represents has been filed. Hearing will be vacated upon filing of dismissal.
 
SCV-268124, M.A. Silva Corks, USA, LLC v Ursus – Matter is continued to 11/29, 22 at 3:00 p.m. No appearance has been made on the Alston cross-complaint by cross-defendant Gudgel and no appearance has been made on the DES cross-complaint by cross-defendant Alston.
 
SCV-268261, Lindsey v The Habit Restaurants, Inc. – Continued to 1/3/23 at 3:30 p.m., for Plaintiff to show cause why the matter should not be dismissed based on failure to timely seek entry of default/default judgment and failure to timely file a CMC statement. An OSC Re Dismissal shall issue separately.
 
SCV-268548, Fitzgerald v Tumwesigye – Matter is continued for status of settlement to 4/4/23 at 3:00 p.m. No appearance will be required, and the hearing will be vacated if dismissal or judgment has been filed at least 15 days before the hearing. Otherwise, an updated CMC statement shall be filed. 
 
SCV-269870, McCullaugh v Celeri – Continued to 1/10/23 at 3:00 p.m. On July 27, 2022, the Estate of Dillon filed an answer to the complaint, however, the operative pleading which names the defendant is the first amended complaint. On August 4, 2022, Celeri, as a cross-defendant, filed an answer to a cross-complaint of plaintiff McCullaugh, however, there is no cross-complaint by plaintiff McCullaugh. There is presently no answer by Celeri to the first amended complaint. There is presently no answer by Celeri as a cross-defendant to the cross-complaint of Estate of Dillon (also variously spelled by the parties as Dillion). The Court anticipates setting the matter for trial at the next CMC hearing once the pleadings are at issue.
 
SCV-270232, Carucci v 615 Healdsburg Avenue Property, LLC – to 2/21/23 at 3:00 p.m., for outcome of Demurrer and Motion to Strike.
 
SCV-270235, Garcia v Wyatt – Continued to 12/13/22 at 3:30 p.m., for Plaintiff to show cause why the matter should not be dismissed based on failure to timely serve defendant and/or seek entry of default/default judgment and failure to timely file a CMC statement. An OSC Re Dismissal shall issue separately.
 
SCV-270268, Miller v Whole Foods Market, Inc. – In light of the filing of the first amended complaint, the Demurrer set 10/19/22 is moot and is dropped from calendar. The CMC hearing is continued to 1/10/23 at 3:00 p.m. for pleadings to be settled.
 
SCV-271077, Capital One Bank (USA), N.A. v Olivarez – Continued to 2/7/23 at 3:00 p.m., for matter to be at issue and trial setting or entry for default/default judgment.
 
The following cases will be set for trial with notice to follow (no appearance is required):
NONE.
 
The following cases have been dropped for various reasons:
NONE.
 
*THIS IS THE END OF THESE TENTATIVE RULINGS*
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