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-Tentative Rulings




Tentative Rulings, Nevada City - Case Management Conferences

>Tentative Rulings for Monday, June 1, 2015

Tentative Rulings for Monday, June 1, 2015 

REVISED Civil Case Management Conference Calendar

June 1, 2015 at 9:00 a.m. Dept. 6

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THESE ARE THE COURT’S PROPOSED ORDERS. IF ANY PARTY OPPOSES THE ORDER, YOU MUST NOTIFY ALL OPPOSING COUNSEL AND PRO PER PARTIES BY 3:00 P.M. THE FRIDAY BEFORE THE HEARING. IF YOU DO NOT NOTIFY THE PARTIES AND DO NOT OPPOSE THE PROPOSED ORDER, NO APPEARANCE IS REQUIRED AND THE PROPOSED ORDER SHALL BECOME THE FINAL ORDER OF THE COURT. COURT REPORTERS ARE NOT AVAILABLE AT THE EXPENSE OF THE COURT PURSUANT TO LOCAL RULE 10.00. INFORMATION FOR APPEARING THROUGH COURTCALL CAN BE OBTAINED BY CALLING COURTCALL TOLL FREE AT 888-882-6878.
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1. 80675 Portfolio Recovery v. Tocher

Case Type: Collections
Assigned Judge: Thomas M. Anderson

No appearances are required. The court hereby sets trial for July 27, 2015, at 1:30 pm in Dept. 6.

2. 80204 Stewart v. Insituform

Case Type: Negligence
Assigned Judge: Thomas Anderson

Class: 1
Disposition Date: out of class
Length: 6 Day Jury
Trial Date: 11/3/15, 8:30 a.m. in Dept. 6
Pre-Trial Conference: 10/23/15 at 11:00 a.m. in Dept. 6
Mandatory Settlement Conference: 10/12/15 at 10:00 a.m. in Dept. 6
Arbitration: Case is not referred to Judicial Arbitration.
Mediation: Parties are directed to meet and confer to consider mediation.

3. 80526 Nelnet v. Yoskowitz

Case Type: Breach of Contract
Assigned Judge: Thomas M. Anderson

Appearance is required by Plaintiff’s counsel only for the OSC. Additionally, the court requires a status of the bankruptcy.

4. 80539 Daniels v. Weir

Case Type: Quiet Title
Assigned Judge: Thomas M. Anderson

Appearances are required. Weir’s cross-complaint is still not at issue. Cross-complainant must either obtain an order to publish the summons and complaint on “all unknowns,” which is a named defendant, or dismiss “all unknowns.” The dismissal of Does 3-10 is not sufficient. If “all unknowns” are dismissed, the court intends to set trial dates.

5. 81016 Bonham v. Basso

Case Type: Partition
Assigned Judge: Thomas Anderson

Class: 1
Disposition 1/29/16
Length: 3 Day Non-Jury (Jury fees not paid)
Trial Date: 1/26/16, 8:30 a.m. in Dept. 6
Pre-Trial Conference: 1/15/16 at 11:00 a.m. in Dept. 6
Mandatory Settlement Conference: 1/4/16 at 10:00 a.m. in Dept. 6
Arbitration: Case is not referred to Judicial Arbitration.
Mediation: Parties are directed to meet and confer to consider mediation.

6. 81017 Morales v. Meals

Case Type: MVA
Assigned Judge: Thomas Anderson

Class: 1
Disposition 1/30/16
Length: 3 Day Jury
Trial Date: 1/26/16, 8:30 a.m. in Dept. 6
Pre-Trial Conference: 1/15/16 at 11:00 a.m. in Dept. 6
Mandatory Settlement Conference: 1/4/16 at 10:00 a.m. in Dept. 6
Arbitration: Case is not referred to Judicial Arbitration.
Mediation: Parties have agreed to mediation. A review hearing is set for 7/6/15 at 9:00 am in
Dept. 6 to ensure the mediation stipulation (local form) has been filed.

7. 81019 Leas v. Greene

Case Type: Declaratory Relief
Assigned Judge: Thomas M. Anderson

Appearance is required by Plaintiff’s counsel only. The Complaint is not at issue -- need responsive pleading, default or dismissal of both Defendants. The court notes that Plaintiff’s CMC statement states that both defendants have been defaulted. However, the court’s file only includes a Notice & Acknowledgement from Defendant Clinch, and nothing as to Defendant Greene. No defaults have been entered.

8. 81024 Bartolini v. Mark Tanner Construction Inc.

Case Type: Discrimination
Assigned Judge: Thomas M. Anderson

No appearance required. The CMC is continued to June 22, 2015, at 9:00 am in Dept. 6. The First Amended Complaint is not at issue -- need responsive pleading, default or dismissal of both Defendants.

9. 81026 Rubiales v. Chamberlin

Case Type: Specific Performance
Assigned Judge: Thomas M. Anderson

Appearance is required by Plaintiff’s counsel only. The court requires a status of the mediation and the Answer to the complaint.

10. 81029 Taylor-Begley v. Farrell

Case Type: MVA
Assigned Judge: Thomas Anderson

Class: 1
Disposition 2/6/16
Length: 3 Day Jury
Trial Date: 2/2/16, 8:30 a.m. in Dept. 6
Pre-Trial Conference: 1/22/16 at 11:00 a.m. in Dept. 6
Mandatory Settlement Conference: 1/11/16 at 10:00 a.m. in Dept. 6
Arbitration: Case is not referred to Judicial Arbitration.
Mediation: Parties are directed to meet and confer to consider mediation.

11. 81030 Empire Golf v. Asian Pacific Group

Case Type: Breach of Contract
Assigned Judge: Thomas M. Anderson

No appearance required. The CMC is continued to June 22, 2015, at 9:00 am in Dept. 6. The Complaint is not at issue -- need responsive pleading, default or dismissal of Defendant Asian Pacific LLC.

12. 81035 Robison v. Gerkensmeyer

Case Type: Quiet Title
Assigned Judge: Thomas Anderson

Class: 1
Disposition 2/11/16
Length: 2 Day Non-Jury (Jury fees not paid)
Trial Date: 2/9/16, 8:30 a.m. in Dept. 6
Pre-Trial Conference: 1/29/16 at 11:00 a.m. in Dept. 6
Mandatory Settlement Conference: 1/19/16 at 10:00 a.m. in Dept. 6
Arbitration: Case is not referred to Judicial Arbitration.
Mediation: Parties have agreed to mediation. A review hearing is set for 7/6/15 at 9:00 am in
Dept. 6 to ensure the mediation stipulation (local form) has been filed.

13. City of Loyalton v. Stantec

Case Type: Construction Defect
Assigned Judge: Thomas Anderson

No appearances are required. The CMC is continued to July 13, 2015, at 9:00 am in Dept. 6, to allow additional time for the court appointed expert to complete his work. Updated CMC statements are not required for the continued CMC; however, parties may file updated CMC statements if they so desire.
______________________________________________________________________________

THESE ARE THE COURT’S PROPOSED ORDERS. IF ANY PARTY OPPOSES THE ORDER, YOU MUST NOTIFY ALL OPPOSING COUNSEL AND PRO PER PARTIES BY 3:00 P.M. THE FRIDAY BEFORE THE HEARING. IF YOU DO NOT NOTIFY THE PARTIES AND DO NOT OPPOSE THE PROPOSED ORDER, NO APPEARANCE IS REQUIRED AND THE PROPOSED ORDER SHALL BECOME THE FINAL ORDER OF THE COURT. COURT REPORTERS ARE NOT AVAILABLE AT THE EXPENSE OF THE COURT PURSUANT TO LOCAL RULE 10.00. INFORMATION FOR APPEARING THROUGH COURTCALL CAN BE OBTAINED BY CALLING COURTCALL TOLL FREE AT 888-882-6878.
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