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LAW & MOTION CALENDAR
Wednesday, April 22, 2015 at 3:30 p.m.
Courtroom 18 –Judge Nancy Shaffer
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. today, Tuesday, April 21, 2015. 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.
CourtCall is available for all Law and Motion appearances, EXCEPT parties in small claims cases and motions for claims of exemption which are mandatory appearances. CourtCall can be reached directly at (888) 882-6878.
1. MCV-228447; Unifund v. Leonine
Pursuant to CCP § 473.5, Defendant Bob G. Leonine’s motion to set aside the default and default judgment entered on July 8, 2014, is granted. Defendant is ordered to file his answer by May 1, 2015.
2. SCV-255327; Zita v. City of Santa Rosa School District Board of Education
Defendant moves to consolidate this action, SCV-255327, Zita v. City of Santa Rosa School District Board of Education, with SCV-256512, Shattner v. City of Santa Rosa School District. The motion is DENIED. The cases are not related as defined by Cal. Rules of Court, Rule 3.300.
3. SCV-256011; Henry, et al. v. Beyer Financial, et al.
4. SCV-256605; Larsen v. Walgreens
Plaintiffs Steven Larsen and Cheryl Larsen’s motion for an order granting this action preference under CCP § 36(e) is granted. Plaintiff’s medical condition is sufficiently severe that it warrants holding the trial as soon as practicable. Balancing this need with Defendant’s need to conduct discovery, the court finds that the interests of justice will be served by granting the preference. The allegations are straightforward and Defendant will be able to conduct sufficient discovery in the four months leading up to trial. Therefore, the trial in this action will be set for August 14, 2015.
In light of the shortened time for settling the pleadings and conducting discovery, the court will advance the hearing on Defendant’s demurrer and motion to strike to May 20, 2015.
Plaintiffs are to submit a written order consistent with this ruling.
5. SCV-256722; Jimenez-Castillo, et al. v. Seterus, Inc., et al.
Plaintiffs Miguel Jimenez-Castillo and Virginia Jimenez move to consolidate this action, SCV-256722, Jimenez-Castillo, et al v. Seterus, Inc., et al., with the unlawful detainer action, MCV-234832, Federal National Mortgage Association, et al. v. Jemenez, et al.
Plaintiffs’ motion is granted. Both actions involve the right of possession of the same property. Therefore, consolidation is appropriate. (See Martin-Bragg v. Moore (2013) 219 Cal.App.4th 367, 385.)
Plaintiff is to submit a written order consistent with this ruling.
6. SPR-86542; In Re Estate of Mark R. Guntren