Jul 31, 2016

LAW & MOTION TENTATIVE RULINGS 

WEDNESDAY, JULY 27, 2016, 3:00pm           

COURTROOM 19 – Judge 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 26, 2016.  Any party requesting an appearance must notify all other parties of their intent to appear.

 

 

 1.      SCV-257475 Alamilla v. Cronquist:
            
The Defendant’s Demurrer to the First Cause of Action for violation of Commercial Code §§6101, et seq. is sustained without leave to amend.

Plaintiff agrees that the Demurrer to the Second Cause of Action for Unfair Business Practices should be sustained as to Jeffrey Allen Cronquist and Christine Vera Schilling, as this allegation applies only to the other defendants in this lawsuit.

            Defendant shall draft an order consistent with this ruling.

 

 

Plaintiff Evariste Group’s Motion for Preliminary Injunction is granted, provided Plaintiff posts a bond in the amount of $2,700,00.00 (2.7 million dollars) within 15 days of the court’s order.

Plaintiff is to prepare the order consistent with the court’s ruling.

Evidentiary Rulings:

Defendant’s Objections to Declaration of Mahender Makhijani

Objections 1-8 are overruled.

Defendant’s Objections to Declaration of Gerald Marcil:

Objections 1-13 are overruled.

Plaintiff’s Objections to Declaration of Dr. Edmond Ghandour:

Objections 1-24; 26-41; 44-46 are sustained.

Objections 25, 42, 43 are overruled.

     

3.      MCV-238046 Klein v. Sloan:

            Judge Hardcastle has recused himself in this matter, pursuant to CCP section 170.3.  The case has been reassigned for all purposes to Judge Gary Nadler in Department 17.  Please consult the law and motion tentative rulings of Judge Gary Nadler in Department 17 for the tentative ruling on the motion to consolidate.


4.      SCV-252779 In Re $80,000 US Currency: 


The People’s motion for a terminating sanction is denied at this time.

 

A terminating sanction does not seem appropriate in this instance as Claimant has complied with two of the People’s discovery requests and Counsel is working diligently to find an Armenian speaking translator to assist in Claimant completing his responses to the Form Interrogatories.

Claimant is ordered to provide verified responses, without objections, to Form Interrogatories not later than August 3, 2016.

 


5.      SCV-256354 Becerra v. Hughes:

 

            The Motion to Enforce the Settlement Agreement is Denied. Counsel for the Defense is to prepare an order consistent with the court’s ruling. The case is placed on the CMC calendar of September 15, 2016 at 3:00 pm in Department 19 to set a new trial date.

 

6.      SCV-256908 Herrera v. Hughes:  

Defendant’s motion to set aside the default is conditionally granted on Defendant Hughes paying for the costs and fees incurred by Plaintiff to serve Defendant Hughes and secure his default.

            Plaintiff has incurred $2,130.55 in costs to effect service on and entry of default against Defendant Hughes, and to prepare for Request for Default Judgment. These costs included a $60 filing fee.

            Mr. Henderson declares he has spent four (4) hours effecting service on and entry of default against Defendant Hughes. He has spent an additional four (4) hours preparing a Request for Default Judgment and supporting documents. Mr. Henderson’s hourly rate is $400.

            Plaintiff has incurred $2,130.55 in costs and $3,200 for 8 hours of time. Plaintiff appropriately requests these fees and costs be awarded as a condition of setting aside the default against Defendant Hughes.

            The Court orders Defendant Hughes to pay $5,330.55 in fees and costs to Plaintiff’s counsel by August 5, 2016 and file an answer to the complaint by the same date.

 

 

 

            The Plaintiff’s motion is granted and Defendant Jaime Tellier is ordered to appear for deposition as previously ordered by the court on July 15, 2016 at the Motion to Continue Trial.

            Defendant is ordered to pay the court reporter’s appearance fee, the cost of the transcript of the proceedings, the filing fee for this motion, and the filing fee for the ex parte application to have this motion on shortened time in the amount of $450.00.

           

8.      SCV-257455 Lynmar Winery v. Wright Contracting:

            The motion to permit the filing of the Proposed First Amended Answer by Ashland Glass & Millwork is granted.

 

9.      SPR-86741 Matter of Constance Doolittle Trust:

The Court will enter an order approving the Settlement Agreement and instructing the Trustee to distribute and administer the 2005 Trust in accordance therewith.

            The Court instructs the Exchange Bank to pay itself total compensation of $192,000 for serving as Trustee of the 2005 Trust since Connie’s death, of which $132,000 has been paid and $60,000 should be paid to Exchange Bank prior to the final distribution of the 2005 Trust.

 

10.    MCV-181271 Crown Asset Mgmt v. Hermsmeyer:

            Appearance is required.

7.      SCV-257451 Paynter v. Tellier:

2.      SCV-258451 Evariste Group v. Security National:

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