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Tentative Rulings, Nevada City - Law and Motion

>Case No. CU13-079346, City of Loyalton v. Stantec Consulting, 8/29/2014
>Case No. CL08-074485, RCA v. Becerra, 8/29/2014
>Case No. CU14-080226, Lighter v. US Bank, 8/29/2014 - Judge Candace Heidelberger

Case No. CU13-079346, City of Loyalton v. Stantec Consulting, 8/29/2014 

Defendants’ Motion to Compel Plaintiff’s Further Responses to Form Interrogatories, Request for Production of Documents, and Request for Admissions is dropped as moot. It appears that further responses were provided after the filing of the present motion.

However, the motion is granted in part as to the request for further responses to Special Interrogatories. Supplemental responses were not served as to these items in dispute.

The motion is denied as to items 11 and 12. The responses were not “over-inclusive” and properly responded to the interrogatories. The motion is likewise denied as to item 24. The response was directly on point. The motion is granted as to the remaining interrogatories.

As to the interrogatories relating to whether or not Plaintiff properly made a demand to defendants for repair, the responses merely state that the City has timely satisfied all of the statutory or contractual requirements. Plaintiff never states what it actually did to satisfy those requirements. Thus, the responses were non-responsive and further responses are required.

As to the interrogatories relating to facts supporting Plaintiff declaring defendants in default under the contract, Plaintiff states merely that, according to the terms of the Bond, Defendants’ failure to act is a default. But, Plaintiff does not state which terms are at issue or what terms were not complied with. Thus, further responses are necessary.

As to the interrogatories relating to damages, Plaintiff states that discovery is ongoing. Such responses are insufficient. Plaintiff shall state known and estimated damages to date.

Supplemental responses and responsive documents, without objections, shall be served by September 8, 2014.

Defendants’ request for sanctions is denied. The Court determines that Defendants failed to make reasonable and good faith efforts at informal resolution. CCP §§2016.040, 2030.300(b). In the present case, the eight page, single-spaced meet and confer letter was mailed and emailed on July 25, 2014, a Friday. The motion was filed on July 29, 2014, a Tuesday. There was clearly insufficient time to respond to the meet and confer letter prior to the filing of the present motion.

Plaintiff’s request for sanctions is granted. While the motion above is granted in part, the court finds that Defendant failed to make a reasonable and good faith effort at informal resolution prior to filing the motion. As such, Plaintiff was forced to respond to the motion. Plaintiff is awarded sanctions in the amount of $750.00.

Plaintiff’s attorney is to submit a formal order that sets out verbatim the tentative ruling herein and complies with California Rule of Court 3.1312 and is thereafter to prepare, file and serve notice of order.

This is the Court’s tentative ruling. In order to argue at the hearing, you must notify the parties and thereafter notify the court’s law and motion secretary at (530) 265-1273 by 4:00 p.m. the court day before the hearing. If you do not so notify the parties and court, the tentative ruling shall become the final ruling. Any argument is limited to five minutes. California Rule of Court 3.1308, Local Rule 4.05.3.

Unless the court orders otherwise, the court does not provide court reporters for civil law and motion hearings and case management conferences at the court's expense. Any litigant who wants a record of a law and motion matter or a case management conference must arrange for the presence of a court reporter at his or her expense. Local Rule 10.00.3B.


Case No. CL08-074485, RCA v. Becerra, 8/29/2014 

Plaintiff’s unopposed Motion for Withholding Order Against Non-Debtor Spouse is granted as prayed. See Code of Civil Procedure section 706.109.

Plaintiff’s attorney is to submit a formal order that sets out verbatim the tentative ruling herein and complies with California Rule of Court 3.1312 and is thereafter to prepare, file and serve notice of order.

This is the Court’s tentative ruling. In order to argue at the hearing, you must notify the parties and thereafter notify the court’s law and motion secretary at (530) 265-1273 by 4:00 p.m. the court day before the hearing. If you do not so notify the parties and court, the tentative ruling shall become the final ruling. Any argument is limited to five minutes. California Rule of Court 3.1308, Local Rule 4.05.3.

Unless the court orders otherwise, the court does not provide court reporters for civil law and motion hearings and case management conferences at the court's expense. Any litigant who wants a record of a law and motion matter or a case management conference must arrange for the presence of a court reporter at his or her expense. Local Rule 10.00.3B.


Case No. CU14-080226, Lighter v. US Bank, 8/29/2014 - Judge Candace Heidelberger 

Plaintiff’s Motion to Tax Costs is continued on the court’s own motion to Friday, September 19, 2014, at 1:00 pm in Dept. 6, to be heard by Judge Candace Heidelberger. CourtCall will be permitted.

Any argument is limited to five minutes. California Rule of Court 3.1308, Local Rule 4.05.3.

Unless the court orders otherwise, the court does not provide court reporters for civil law and motion hearings and case management conferences at the court's expense. Any litigant who wants a record of a law and motion matter or a case management conference must arrange for the presence of a court reporter at his or her expense. Local Rule 10.00.3B.