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-Tentative Rulings




Tentative Rulings, Nevada City - Case Management Conferences

>Tentative Rulings for Monday, January 26, 2015

Tentative Rulings for Monday, January 26, 2015 

1. 80661 Walker v. Johnson

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

Appearances are required by both Plaintiffs. Complaint not at issue - need responsive pleading, default or dismissal of all Defendants. The court also notes that only one Plaintiff signed the complaint. Failure to appear may result in dismissal of the complaint.

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. 74323 ACIC v. Pavone

Case Type: Interpleader
Assigned Judge: TBD

This tentative ruling is issued by Judge Pro Tem Angela L. Bradrick. Appearance is required by Claimants Yeager only. A motion to disburse the remaining funds has not yet been filed. Failure to appear may result in a dismissal of the action.

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. 79082 Knoll v. Hilkey

Case Type: Breach of Contract
Assigned Judge: Thomas Anderson

Class: 1
Disposition Date: out of class
Length: 5 Day Jury
Trial Date: 9/22/15, 8:30 a.m. in Dept. 6
Pre-Trial Conference: 9/11/15 at 11:00 a.m. in Dept. 6
Mandatory Settlement Conference: 8/31/15 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 COURT’S 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.

4. 80227 Rosetta v. CitiMortgage

Case Type: Wrongful Foreclosure
Assigned Judge: Thomas M. Anderson

No appearances are required. The CMC is continued to February 23, 2015, at 9:00 am in Dept. 6. The court requires judgments of dismissal following the orders on the demurrer and the motion for judgment on the pleadings.

THIS IS THE COURT’S 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. 80398 Doe v. Milhous

Case Type: Sexual Battery
Assigned Judge: Thomas M. Anderson

Appearance is required by Plaintiff’s counsel. Complaint not at issue - need responsive pleading, default or dismissal of Defendant Foote. At the last CMC, Plaintiff’s counsel stated that he intended to have this defendant served in jail; however, no proof of service since that date has been filed.

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. 80539 Daniels v. Weir

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

No appearances are required. The CMC is continued to March 16, 2015, at 9:00 am in Dept. 6. Amended Complaint not at issue - need responsive pleading, default or dismissal of All Unknowns and all named Defendants.

THIS IS THE COURT’S 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. 80694 Tagg v. Johnson & Johnson

Case Type: Medical Malpractice
Assigned Judge: Thomas Anderson

On the court’s own motion, the case is hereby reclassified to Class 2, with a new disposition date of 1/18/16.

Class: 2
Disposition Date: 1/18/16
Length: 10 Day Jury
Trial Date: 12/1/15, 8:30 a.m. in Dept. 6
Pre-Trial Conference: 11/20/15 at 11:00 a.m. in Dept. 6
Mandatory Settlement Conference: 11/9/15 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 COURT’S 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. 80708 Business Loan Center v. White Trust

Case Type: Judicial Foreclosure
Assigned Judge: Thomas M. Anderson

No appearances are required. The CMC is continued to March 16, 2015, at 9:00 am in Dept. 6. First Amended Complaint not at issue - need responsive pleading, default or dismissal of all defendants.

THIS IS THE COURT’S 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. 80730 Pesselt v. Johnson

Case Type: MVA
Assigned Judge: Thomas M. Anderson

Appearances are required. The court requires a status of the mediation stipulation.

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.

10. 80734 US Bank v. Aurora Loan Servicing

Case Type: Cancellation of Instruments
Assigned Judge: Thomas M. Anderson

Appearances are required. The court requires a status of the proposed settlement. The court notes that at the CMC on 12/19/14, Plaintiff’s counsel stated that a Notice of Settlement was en route, but no such document has been submitted to 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.

11. 80754 Sanders v. PKII Pinecreek

Case Type: Premises Liability
Assigned Judge: Thomas M. Anderson

Appearance is required by Plaintiff’s counsel. Complaint not at issue - need responsive pleading, default or dismissal of Defendant Wonderful III Chinese. Plaintiff’s counsel states in the CMC statement that such defendant is no longer in existence. The court requires information as to whether or not Plaintiff intends to dismiss this action or how he intends to proceed.

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.

12. 80757 Nielsen v. Reunion Mortgage

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

No appearances are required. A default prove up hearing is hereby set for March 16, 2015, at 2:00 pm in Dept. 6.

THIS IS THE COURT’S 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.

13. 80846 State Farm v. Systems Services

Case Type: Reimbursement of benefits
Assigned Judge: Thomas M. Anderson

Appearance is required by Plaintiff’s counsel. Complaint not at issue - need responsive pleading, default or dismissal of both Defendants. The courts notes that there are two named defendants: the originally named defendant, Systems Services of America, and Doe 1, Systems Services of America Inc. There is only a proof of service on the Doe defendant, not the original defendant. Plaintiff’s counsel needs to clarify as to whether these are two separate defendants or if he intends to dismiss one of them. Additionally, if these are two separate entities, then a proof of service on the originally named defendant must be filed forthwith.

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.

14. 80847 G4 Marketing Inc. v. Cull

Case Type: Reimbursement of benefits
Assigned Judge: Thomas M. Anderson

Appearance is required by Plaintiff’s counsel. Complaint not at issue - need responsive pleading, default or dismissal of Defendant Straub Marketing. While Plaintiff’s CMC statement states that such defendant is a dissolved corporation, Plaintiff needs to explain if he intends to dismiss this defendant or how he intends to proceed against this named defendant.

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.

15. 79389 Erickson v. County

Case Type: Inverse Condemnation
Assigned Judge: Thomas Anderson

As a matter of disclosure and not disqualification, the court notes that Judge Anderson was previously employed by the County of Nevada from 2000 through 2006.

Class: 1
Disposition Date: out of class
Length: 1 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: Parties are directed to meet and confer to consider mediation.

THIS IS THE COURT’S 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.