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-Tentative Rulings




Tentative Rulings, Nevada City - Case Management Conferences

>Tentative Rulings for Monday, September 22, 2014

Tentative Rulings for Monday, September 22, 2014 

1. 80425 Progressive Ins. v. Zafft

Case Type: MVA
Assigned Judge: Sean P. Dowling

Appearance is required by Plaintiffís counsel. Complaint not at issue - need responsive pleading, default or dismissal of Defendant Zafft. The court notes that a Proof of Service has been filed, but no Answer or Default has yet been entered.

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.

2. 80443 Direct2Dealers v. Trump Auto.

Case Type: Breach of Contract
Assigned Judge: Sean P. Dowling

Appearance is required by Plaintiffís counsel. Complaint not at issue - need responsive pleading, default or dismissal of all Defendants. The court notes that a Proof of Service has been filed as to Defendant Rivera, but no Answer or Default has yet been entered. There are no Proofs of Service as to Defendants Trump Auto or Moncada.

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.

3. 79979 Roberson v. Gilger

Case Type: MVA
Assigned Judge: Sean P. Dowling

No appearance is required by Defendantís counsel or Plaintiff Robersonís counsel. The court is in receipt of the mediation stipulation. However, appearance is required by attorney Frishman for the OSC set for failure to appear at the last CMC.

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.

4. 80349 Rundle v. Hartka

Case Type: Premises Liability
Assigned Judge: TBD

On the courtís own motion, the case is reclassified to Class 2, with a disposition date of 9/7/15.

Class: 2
Disposition Date: 9/7/15
Length: 3 Day Jury
Trial Date: 7/28/15, 8:30 a.m. in Dept. 6
Pre-Trial Conference: 7/17/15 at 11:00 a.m. in Dept. 6
Mandatory Settlement Conference: 7/6/15 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.

THIS IS THE COURTíS PROPOSED ORDER. IF ANY PARTY OPPOSES THIS 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.

5. 80386 Lee v. Kelly

Case Type: Quiet title
Assigned Judge: Sean P. Dowling

No appearances are required. The CMC is continued to 11/24/14 at 9:00 am. Service shall be completed by the continued CMC date.

THIS IS THE COURTíS PROPOSED ORDER. IF ANY PARTY OPPOSES THIS 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.

6. 80562 Natalia v. Cornwall

Case Type: MVA
Assigned Judge: TBD

Appearances are required for hearing. An OSC re Sanctions is issued against Plaintiffís counsel for failing to file a CMC statement. The court also intends to address the issue of whether this case should be consolidated with case 80563. The proposed trial dates are as follows:

Class: 1
Disposition Date: 5/30/15
Length: 3 Day Jury
Trial Date: 5/27/15, 8:30 a.m. in Dept. 6
Pre-Trial Conference: 5/15/15 at 11:00 a.m. in Dept. 6
Mandatory Settlement Conference: 5/4/15 at 10:00 a.m. in Dept. 6
Arbitration: Case is not referred to Judicial Arbitration.
Mediation: Mediation will be addressed at the CMC.

THIS IS THE COURTíS PROPOSED ORDER. IF ANY PARTY OPPOSES THIS 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.

7. 80563 Lynch v. Cornwall

Case Type: MVA
Assigned Judge: TBD

Appearances are required for hearing. An OSC re Sanctions is issued against Plaintiffís counsel for failing to file a CMC statement. The court also intends to address the issue of whether this case should be consolidated with case 80562. The proposed trial dates are as follows:

Class: 1
Disposition Date: 5/30/15
Length: 3 Day Jury
Trial Date: 5/27/15, 8:30 a.m. in Dept. 6
Pre-Trial Conference: 5/15/15 at 11:00 a.m. in Dept. 6
Mandatory Settlement Conference: 5/4/15 at 10:00 a.m. in Dept. 6
Arbitration: Case is not referred to Judicial Arbitration.
Mediation: Mediation will be addressed at the CMC.

THIS IS THE COURTíS PROPOSED ORDER. IF ANY PARTY OPPOSES THIS 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.

8. 80567 Bourget v. Bringolf

Case Type: MVA
Assigned Judge: TBD

Class: 1
Disposition Date: 6/2/15
Length: 3 Day Jury
Trial Date: 6/2/15, 8:30 a.m. in Dept. 6
Pre-Trial Conference: 5/22/15 at 11:00 a.m. in Dept. 6
Mandatory Settlement Conference: 5/11/15 at 10:00 a.m. in Dept. 6
Arbitration: Case is not referred to Judicial Arbitration.
Mediation: The parties have agreed to mediation. A review hearing is set for 11/3/14 at 9:00 am to ensure the mediation stipulation (local form) has been filed.

THIS IS THE COURTíS PROPOSED ORDER. IF ANY PARTY OPPOSES THIS 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.

9. 80568 American Express v. Bitker

Case Type: Breach of Contract
Assigned Judge: Sean P. Dowling

No appearance required. A default prove-up hearing is hereby set for December 8, 2014 at 2:00 pm in Dept. 6.

THIS IS THE COURTíS PROPOSED ORDER. IF ANY PARTY OPPOSES THIS 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.