Jul 01, 2015

TENTATIVE RULINGS                              UPDATED


Wednesday, July 1, 2015, 3:30 p.m.

Courtroom 18 – Judge Nancy Case 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) 521-6730 by 4:00 p.m. today, Tuesday, June 30, 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-232326, Collectronics, Inc. v. Hong

This matter was continued from June 10 to July 1 in order for a Korean Interpreter to be present for Defendant.  Appearances are required.


The tentative ruling posted before the hearing on June 10 is as follows:


Plaintiff Collectronics, Inc. moves for an order compelling Defendants Hyon Sok Hong and Chong C. Lee, both individually dba Super Five Food & Liquor to furnish further responses to Plaintiff’s Request for Production of Documents, Set One; Special Interrogatories, Set One; and, Form Interrogatories, Set One; and, that Plaintiff’s Requests for Admissions be deemed admitted. Plaintiff requests sanctions in the amount of $390.00.


The motion is GRANTED. Defendants Hyon Sok Hong and Chong C. Lee are ordered to provide responses, without objections, within 10 days of service of this order. Additionally, Plaintiff’s Requests for Admissions, Set One, shall be deemed admitted unless Defendants Hyon Sok Hong and Chong C. Lee serve Plaintiff with verified responses prior to the hearing on this motion.


Sanctions are granted in the amount of $300.00 for attorney’s fees and $90.00 for the motion filing fee.


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



2.  MCV-232959, Collectronics, Inc. v. Mejia


Motion to Set Aside Default and Default Judgment


This motion is moot as the parties filed a stipulation, and the court so ordered, that the default of Defendant Israel Mejia and subsequent default judgment be set aside and vacated.


Motion to Change Venue


Defendant Israel Mejia has moved to change venue of this action to Fresno County. As Defendant resides in Fresno County and the contract that is the subject of this action was entered into in Fresno County, Sonoma County is not the proper venue for this action. (CCP § 395(a); Complaint, Ex. 1; Mejia dec., ¶¶ 1, 4, 8.) The motion is GRANTED. This action will be transferred to Fresno County.  Plaintiff to pay costs of transfer.


Defendant is ordered to submit a written order consistent with this ruling.



3.  SCV-245829, King v. Cruz

This motion was continued to July 1, 2015 to allow Defendant moving party to file additional supporting documentation.  The court received a complete copy of the Cruz subpoena.  The motion will be granted with respect to the Cruz subpoena.  Only the face page of the Cisco subpoena was filed. Defendant’s counsel is ordered to appear at the hearing and to bring a complete copy of the Cisco subpoena.



4.  SCV-251593, WestAmerica Bank v. Chamberlain Lake Park, LLC

Appearances are required.



5.  SCV-253973, Brandon R. v. Roe




6.  SCV-255508, Farmers Insurance Exchange v. Victory Dealer Group

Cross-Defendant Victory Dealer Group moves for summary judgment of the cross-complaint of Jak’s Automotive.


The facts established by Cross-Defendant Victory Dealer Group do not support an inference that Cross-Defendant Josh Solari was acting within the scope of his employment when he performed work on Jordon Pool’s vehicle. The work was not done with Victory’s permission, there was no benefit to Victory, and Mr. Solari admitted he was not acting as an agent while performing the work. (See UMFs 5-9; Purton v. Marriott International, Inc. (2013) 218 Cal.App.4th 499, 504-505.)


However, Victory Dealer Group has not filed proof of service of the notice of motion, motion, and related documents. Therefore, the motion is GRANTED conditioned upon Victory Dealer Group filing proof of service in compliance with CCP § 1005 by the time of the hearing on this motion. If no proof of service is filed, the motion will be continued to August 26, 2015, at 3:30 p.m., in Department 18.


Cross-Defendant Victory Dealer Group is to submit a written order consistent with this ruling.



7.  SCV-255535, Lindon v. Giuliani

Appearances are required.



8.  SCV-255806, Harrity v. Richard

Appearances are required.



9.  SCV-255861, Richardson v. State of California

Appearances are required.



10.  SCV-256116, Myers v. Santa Rosa Memorial Hospital

CONTINUED to July 8, 2015, at 3:30 p.m. at the request of counsel for moving party.



11.  SCV-256355, Keating v. Brown

DROPPED from calendar at the request of counsel for moving party.



12.  SCV-256709, Marion v. Sweazey

DROPPED from calendar at the request of counsel for moving party



13.  SCV-257088, Bruner v. Western Progressive, LLC

Continued to September 2, 2015, at 3:30 p.m. pursuant to stipulation of the parties.



14.  SCV-257149, EVAPCO, Inc. v. Peterson





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