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Tentative Rulings, Truckee - Law and Motion

>TCL15-6057 Root v. Jensen
>TCL14-5992 Tewksbury Holding v. Taaffe
>TCU14-5832 Holt v. Cousins

TCL15-6057 Root v. Jensen 

Superior Court of Nevada County
Tentative Ruling
Truckee Branch


(1) Defendant Dirk Jensenís Motion to Vacate Sister State Judgment

Defendantís Motion to Vacate Sister State Judgment filed on May 29, 2015 is denied.

The only grounds upon which Defendant objects is based on CCP ß1710.45, alleging that a properly authenticated copy of the judgment was not attached to the original application.

However, the courtís file contains a certified copy of the judgment from Nevada State with the raised seal. This is an authenticated copy of the judgment.

Thus, the motion is denied.

(2) Defendantís Claim of Exemption

Appearances are required for hearing on Defendantís Claim of Exemption.

The court requires additional information from the parties relating to the amount of the funds currently held by the Sheriffís Department, how long Defendant has been receiving Unemployment Benefits, and other tracing issues relating to the account.

Plaintiff 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 Courtís tentative ruling. In order to argue at the hearing, you must notify the parties and thereafter notify the courtís law and motion secretary at (530) 582-7835 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.


TCL14-5992 Tewksbury Holding v. Taaffe 

Superior Court of Nevada County
Tentative Ruling
Truckee Branch


Defendantsí Demurrer to the Complaint is overruled.

Initially, the court notes that defects in the notice and service requirements were corrected by Defendantís continuance of the hearing date. Thus, Plaintiffís arguments set forth in the opposition relating to procedural defects of the demurrer are moot.

On the merits, the contract attached to the complaint contains the purported signature of one of the named defendants to this action. Whether such signature is valid is a question of fact, not properly decided on demurrer. Moreover, the complaint specifically sets forth the material terms of the contract in paragraph 3. Accordingly, the claims are adequately pled.

Any Answer must be filed and served by July 2, 2015.

Plaintiffís 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 Courtís tentative ruling. In order to argue at the hearing, you must notify the parties and thereafter notify the courtís law and motion secretary at (530) 582-7835 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.


TCU14-5832 Holt v. Cousins 

Superior Court of Nevada County
Tentative Ruling
Truckee Branch


Defendantís Motion to Bifurcate the Issues of Liability and Damages is granted. The court finds that judicial economy would be promoted by bifurcating the issues. CCP ß1048(b).

However, to be clear, only one jury will be empaneled. The liability phase will occur first. After the jury deliberates this issue, if Defendant is found liable, then the trial shall immediately proceed to the damages phase, with the same jury during that same week of trial.

Moving Partyís 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 Courtís tentative ruling. In order to argue at the hearing, you must notify the parties and thereafter notify the courtís law and motion secretary at (530) 582-7835 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.