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Tentative Rulings, Nevada City - Law and Motion

>Case No. UD15-00031, FNMA v. Ramey, 7/24/2015
>Case No. CU13-079381, Warren v. Spencer, 7/24/2015
>Case No. CU13-079389, Erickson v. County, 7/24/2015

Case No. UD15-00031, FNMA v. Ramey, 7/24/2015 

Appearances are required for hearing on Plaintiff’s Motion to Compel Defendant Jorge Rodriguez to Respond to Special Interrogatories, Plaintiff’s Motion to Deem Admissions Admitted as to Defendant Jorge Rodriguez, and Plaintiff’s Motion to Compel Defendant Jorge Rodriguez to Respond to Inspection Demand. Courtcall is permitted.

While no oppositions have been filed, any opposition to a discovery motion, and any reply to an opposition, may be made orally at the time of hearing. Cal Rules of Ct 3.1347(b).

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. CU13-079381, Warren v. Spencer, 7/24/2015 

Defendant Spencer’s Motion to Relieve Steven Spiller as Attorney of Record is granted pursuant to CCP §284(2). The court notes, however, that this is a post-judgement motion and the appeal has been abandoned. Thus, the case is concluded and the request appears moot. Nonetheless, to the extent that Defendant seeks confirmation that he is now in pro per, the motion is granted.

Additionally, Mr. Spiller is ordered to provide to Defendant a copy of his legal file by August 3, 2015.

Defendant’s request for fees and costs is denied. There is no statutory basis to permit such costs.

Defendant 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. CU13-079389, Erickson v. County, 7/24/2015 

Appearances are required on July 24, 2015 at 1:30 pm in Dept. 6 for hearing on the Pre-Trial Conference, the County’s Motion to Quash, the County’s Motion Pursuant to CCP §1260.040, and the County’s Motions in Limine. All matters will be before the Hon. Sean P. Dowling.

The tentative rulings are as follows:

i) County’s Requests for Judicial Notice: Granted.
ii) Motion to quash depositions, or alternatively, for protective order: Granted in part.
(1) As to Beason, Weston and Stewart, the motion to quash is denied. The motion for protective order is granted in part. The Court is of the view that the deliberative process applies to the permit appeal proceedings herein, which involve not only the ministerial issuance of a building permit but additional quasi-judicial and discretionary determinations (i.e., whether and in what manner to apply the VIR ordinance). The Court is of the further view that the deliberative privilege survives Ms. Stewart’s termination of employment.
Plaintiffs/Petitioners may not inquire into the mental processes, motivations, justifications or reasons the deponent, as a member of the Board of Supervisors or its staff, made decisions concerning the application of Nevada County Land Use ordinances and/or the nature, scope and details of the subject management plan with respect to the Erickson/Lockyer permit application. Additionally, they may not make similar inquiry into the decision making process concerning the Verizon cell tower permit to which the Plaintiffs/Petitioners objected and litigated.
(2) As to Carmickle, the motion to quash and motion for protective order are denied.
iii) County’s in limine motions: Denied without prejudice.
iv) County’s CCP 1260.040 motion: Denied as untimely. “The motion shall be made not later than 60 days before commencement of trial on the issue of compensation.” The use of the term “trial on the issue of compensation” is used to distinguish it from proceedings for possession which are referred to earlier in the same Chapter 8, Article 1. To the extent “compensation” has been bifurcated into liability and valuation sessions, the trial on compensation commences August 24, 2015.
v) Witness lists shall be exchanged 10 days prior to trial.
vi) Trial exhibits shall be exchanges 10 days prior to trial. Counsel are instructed to contact the civil clerk concerning numbering protocols. Prior to trial counsel shall meet and confer concerning trial exhibits and shall endeavor to reach all reasonable stipulations concerning foundational requirements and admissibility.
vii) In light of the Pretrial Statements, counsel should be prepared to discuss the issues of a) ripeness and b) the holding of San Mateo County Coastal Landowners' Assn. v. County of San Mateo (1995) 38 Cal.App.4th 523 as it relates to Nevada County Ordinance L-II.4.3.3 and CCP 815.1 et seq.
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.