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Tentative Rulings, Nevada City - Law and Motion

>Case No. CU14-080227, Rossetta v. Citimortgage, 10/17/2014
>Case No. CU14-080751, Antonson v. State Farm Bank, 10/17/2014
>Case No. CU14-080204, Stewart v. Insituform Tech., 10/17/2014
>Case No. CU14-080398, Doe v. Milhous Children’s Services , 10/17/2014

Case No. CU14-080227, Rossetta v. Citimortgage, 10/17/2014 

Defendants’ Demurrer to the Second Amended Complaint is continued on the court’s own motion to October 31, 2014, at 10:00 am, to be heard with Plaintiff’s Motion for Leave to File a Third Amended Complaint.

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. CU14-080751, Antonson v. State Farm Bank, 10/17/2014 

Plaintiff’s OSC re Preliminary Injunction is denied. There is no proof of service of the summons, complaint, ex parte application for TRO, or OSC re Preliminary Injunction on all Defendants.

Moving party’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. CU14-080204, Stewart v. Insituform Tech., 10/17/2014 

Appearances are required for hearing on the Motion to Continue Trial. The court is in receipt of the stipulation to continue trial. However, the date selected in the stipulation is not available for this court to conduct trial. Thus, the court requires information as to whether there remains an agreement to continue the trial without the selected trial date.

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. CU14-080398, Doe v. Milhous Children’s Services , 10/17/2014 

As an initial matter of disclosure, but not disqualification, the Court advises the parties that counsel of record for the demurring party, Attorney Cameron Cobden was and remains a close person childhood friend of Judge Dowling’s adult daughter, who each spent copious amounts of time in each other’s households prior to college (up to 1998). Judge Dowling also officiated Ms. Cobden’s wedding several years ago, but does not and has not had ongoing direct social contact.

As to the substance of the Defendant Milhous’ Demurrer to the Second Amended Complaint, it is overruled.

This Court finds that the facts as pled are closely aligned to those set forth in the case of Mary M. v. City of Los Angeles (1991) 54 Cal.3d 202. In that case, the California Supreme Court held that when a police officer on duty misuses his official authority by raping a woman whom he has detained, the public entity that employs him can be held vicariously liable; it is a question of fact for the jury.

Here, Plaintiff has alleged that Defendant Foote misused his official authority in sexually battering Plaintiff. Whether or not Defendant Milhous is vicariously liable is a question of fact for the jury, and is not properly to be decided at the pleading stage.

As Plaintiff has adequately pled vicarious liability, Defendant Milhous’ arguments that no facts are alleged as against Milhous itself are without merit.

The Motion to Strike is likewise denied. Sexual battery clearly falls within outrageous conduct, that the conduct itself demonstrates fraud, oppression, or malice, Plaintiff has not pled that Defendant Milhous is a medical provider (Plaintiff has pled that Defendant is a “schooling facility” at paragraph 8), and the language sought to be stricken is not inflammatory.

Any Answer must be served and filed by October 27, 2014.

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.