Feb 13, 2016

TENTATIVE RULINGS
LAW & MOTION CALENDAR
Wednesday, FEBRUARY 10, 2016, 3:00 p.m.
Courtroom 18 – Judge Rene Chouteau
3055 Cleveland Avenue, 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 the Court by telephone at (707) 521-6547, and all other opposing parties of your intent to appear by 4:00 p.m. today, Tuesday, February 9, 2016.  Parties in small claims cases and motions for claims of exemption are exempt from this requirement.

 

1. MCV-212660; American Express Bank v. Castillo:

Claim of Exemption denied.  Garnishment modified to $312.00 per pay period.

 

 

2. MSC-185876; Bonner v. Pleveney;

Plaintiff must bring his process server to court or present other evidence that Defendant was properly served.

 

 

3. SCV-256970; Hepperly v. Sousa:

Defendant’s motion to strike punitive damages from the Second Amended Complaint is denied.  The complaint sufficiently describes malicious conduct that is willful and despicable as required by CC 3294(c)(1).  Lackner v. North (2006) 135 Cal.App.4th 1188.  (“Despicable conduct represents a new substantive limitation on punitive damage awards.)  Sumpter v. Matteson (2008) 158 Cal.App.4th 928, 936 (dicta).

 

Plaintiff is to submit a written order consistent with this ruling.

 

4. SCV-257264; Myers v. Drain:

Plaintiff’s demurrer to the answer of Defendants Thomas Drain and Roy Loessin is sustained with leave to amend as to all affirmative defenses except the third affirmative defense based upon statute of limitations to which the demurrer is overruled.  (See CCP §458.)  Plaintiff is sanctioned $200 for failing to meet and confere before filing the demurrer. 

 

Defendant shall file an amended answer within 10 days.

 

Plaintiff is to submit a written order consistent with this ruling. 

 

 

© 2016 Superior Court of Sonoma County