May 29, 2020

 

TENTATIVE RULINGS

LAW & MOTION CALENDAR

THURSDAY, MAY 28, 2020, 1:30 P.M.

Courtroom 19 – Honorable Patrick Broderick

3035 Cleveland Avenue, Santa Rosa, CA 

 

Pursuant to the “Department 19 Scheduling Order Pursuant to the First Amended Omnibus General Order of the Presiding Judge Re Court Operations” posted on the Court’s website on May 5, 2020, all matters set to be heard through May 29, 2020, shall be heard remotely via “Zoom” only. No party or representative of a party may appear personally in the courthouse. CourtCall is not permitted for this calendar.  CourtCall is not permitted for this calendar.
 
If the tentative ruling is accepted, no appearance is necessary via Zoom unless otherwise indicated.  The 5th Law & Motion Tentatives are listed in Department 12.
 
TO JOIN ZOOM ONLINE:
 
D19 – Law & Motion 2:30 pm Thursday
Meeting ID:  845-3465-7801
Password:  800089
 
TO JOIN ZOOM BY PHONE:  
By Phone (same meeting ID and password as listed):
+1 669 900 6833 US (San Jose)
 

 

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 contact the Judicial Assistant by telephone at (707) 521-6730 by 4:00 p.m. today, Wednesday, May 27th.  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.

 

PLEASE NOTE:  The Court WILL provide a court reporter for this calendar. 

 1.         MCV-209744, Asset Acceptance v. Zarate:

 
    Appearances Required
 
 
2.         SCV-264333, Garcia v. Rach
 
The motion for leave to file a cross complaint is granted.  
 
Prevailing counsel shall submit a written order to the court consistent with this tentative ruling and in         compliance with California Rules of Court, Rule 3.1312.
 
 
3.         SCV-264956, Garcia v. Ford Motor Company:
 
            The COVID-19 pandemic intervened and shelter-in-place mandates were issued on March 16, precluding the PMQ deposition on March 18.
           
            Since the parties have agreed that Defendant will produce Ford’s PMK for deposition, the motion appears to be moot. Plaintiff’s motion is denied without prejudice and the parties are ordered to meet and confer about a future date for the deposition to take place.
 
Prevailing counsel shall submit a written order to the court consistent with this tentative ruling and in compliance with California Rules of Court, Rule 3.1312.
 
 
4.         SCV-265635, Steele v. Northern California Medical Associates, Inc.:
 
 The demurrer to Plaintiff’s fourth cause of action for Breach of Fiduciary Duty and is overruled.
           
          The demurrer to the fifth cause of action for Interference with Prospective Economic Advantage is sustained with leave to amend.
           
          The demurrer to Plaintiff’s sixth cause of action for Accounting is overruled. 
             
          Prevailing counsel shall submit a written order to the court consistent with this tentative ruling and in compliance with California Rules of Court, Rule 3.1312.
 
 
5.         SCV-265658, American Mortgage Law Group, P.C. v. Henderson:
 
The applications of attorneys Ari Karen and John J. Allegretto to appear as counsel pro hac vice are GRANTED.  
Prevailing counsel shall submit a written order to the court consistent with this tentative ruling and in compliance with California Rules of Court, Rule 3.1312.
 
 
 
 
 
 
 
 
 
 
TO JOIN ZOOM ONLINE:
 
D19 – Law & Motion 1:30 pm Thursday
Meeting ID:  845-3465-7801
Password:  800089
https://us02web.zoom.us/j/84534657801?pwd=dHlNRHcrb3Zrem5nZ3BFbmt4bUdPQT09
 
TO JOIN ZOOM BY PHONE:  
By Phone (same meeting ID and password as listed):
+1 669 900 6833 US (San Jose)
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