Jul 23, 2016

LAW & MOTION TENTATIVE RULINGS 

WEDNESDAY, JULY 20, 2016, 3:00pm           

COURTROOM 19 – To be heard by Hon. Philip Champlin

                                     for Hon. Allan D. Hardcastle

3055 Cleveland Avenue, Santa Rosa, CA  95403

Court Call is available for all Law and Motion appearances, EXCEPT parties in small claims cases and motions for claims of exemption which are mandatory appearances.

** To set up Court Call- Please call them 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, it will be necessary for you to contact the Judicial Assistant by telephone at (707) 521-6730 by 4:00 p.m. on TUESDAY, JULY 19, 2016.  Any party requesting an appearance must notify all other parties of their intent to appear.    

 

1.      MCV-183632 Pacific v. Cook:

            Defendant’s Motion to Vacate and Set Aside the Renewed Judgment is denied.

            Plaintiff shall draft a proposed order consistent with this ruling.

 

2.      SCV-256117 Kennedy v. Emeritus:

Motion to be Relieved as Counsel

The Motion of attorney John L. Supple (counsel for Defendant Nadhan, LLC dba Creekside Rehabilitation & Behavior Health) to be Relieved as Counsel is Granted.  The moving party shall submit a proposed order for the court’s signature.

Motion to Strike

Defendant’s Motion to Strike is Granted.  Plaintiff may file a motion seeking leave to file a third amended complaint within twenty (20) days from this order.  Defendant shall prepare a proposed order consistent with this tentative ruling.

Motion to Compel and for Production

Defendant’s Motions to Compel and for Production of Documents are dropped from calendar as moot.  The parties are to appear on Defendant’s sanctions request.

 

3.      SCV-257247 Armitage v. Valva:

            The Motion for Leave to File a Cross-Complaint is Granted.

            Permitting the filing of the cross-complaint will not complicate plaintiff’s lawsuit; in fact, plaintiff filed a statement of non-opposition to this motion on May 26, 2016.  The City of Cloverdale has been a party since the complaint was filed and the cross-complaint for indemnity, contribution and apportionment is necessary to avoid forfeiture of these causes of action.

            Defense counsel shall prepare an order consisting with this ruling within five (5) days.

 

4.      SCV-258303 Solheim v. Badboy:

            The Motion to Stay was withdrawn by the moving party.

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