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Tentative Rulings, Truckee - Law and Motion

>Riverview Townhomes Owners’ Association Case No. T10-4142C
>PENTECH FUNDING, LLC v. TWM, INC., ET AL Case No. TCU13-5554

Riverview Townhomes Owners’ Association Case No. T10-4142C 

Defendants Kane and Tadman’s Demurrer to the First Amended Complaint and Defendant Garcia Sheet Metal’s Joinder to the Demurrer, are sustained with leave to amend in part and overruled in part.

The demurrer is sustained with leave to amend as to the entire complaint based on failure to name each individual defendant pursuant to CCP §474. Plaintiff shall file an “amendment” to the First Amended Complaint or an “Errata” to the First Amended Complaint naming every Defendant who was previously named as a Doe. Plaintiff is directed to not file a Second Amended Complaint and non-demurring parties who have filed answers to the FAC need not file any responsive pleading to the amendments or Errata.

The demurrer to the fourth cause of action for breach of contract is overruled. The nature of the contracts and the effect of the contracts are sufficiently pled. Wheeler v. West (1886) 71 Cal.126, 128. Moreover, third party beneficiary is adequately pled in paragraph 86.

The demurrer to the seventh cause of action for breach of warranty. Civil Code § 5980 gives HOAs standing to bring contract and tort claims as well as the requisite privity of contract. See also Windham at Carmel Mountain Ranch Assn. v. Superior Court (2003) 109 Cal.App.4th 1162, 1175: “the legislative intent of section 383 [the predecessor code section to Civil Code section 5980] is to give association the standing to sue as real parties in interest in all types of actions for damage to common areas, including breach of implied warranty causes of action, and therefore section 383 necessarily grants associations the requisite privity of contract to state causes of action for breach of implied warranty.”

The “Amendment” or “Errata” shall be filed and served by July 24, 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) 550-3033 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.

EXECUTIVE ORDER NO. 135: INTERIM CHANGE TO LOCAL RULE 4.05.3

Local Rule 4.05.3 A. is hereby changed to read “Tentative Rulings will be available by 10:00 a.m. of the court day before each regularly scheduled law and motion calendar and posted on the Court’s website (www.nevadacountycourts.com) not later than 2:00 p.m. of the court day before the scheduled hearing.”

This change will become effective on April 1, 2013 and will be reflected in the next regular revision of the Local Rules of this Court.


PENTECH FUNDING, LLC v. TWM, INC., ET AL Case No. TCU13-5554 

Plaintiff’s motion to set aside default judgment is Granted as to defendant Alexandra D Siotos. Counsel for moving party shall forthwith file and serve the proposed answer and cross-complaint. No extensions of response dates shall be granted to cross-defendant. Counsel for moving party shall submit a proposed order consistent with this ruling.

This case is set for a case management conference on September 19, 2014. Parties shall file and serve CMC statements no later than September 4, 2014. The court will issue a tentative case management ruling and post that tentative ruling on the court’s website by no later than September 17, 2014. Any party objecting to that tentative ruling must call the court and opposing parties by 3 pm on September 18, 2014, to arrange a time for the CMC hearing on September 19, 2014. Appearances at the CMC shall be by teleconference arranged through Court Call by the party objecting to the tentative ruling.

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) 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.

EXECUTIVE ORDER NO. 135: INTERIM CHANGE TO LOCAL RULE 4.05.3

Local Rule 4.05.3 A. is hereby changed to read “Tentative Rulings will be available by 10:00 a.m. of the court day before each regularly scheduled law and motion calendar and posted on the Court’s website (www.nevadacountycourts.com) not later than 2:00 p.m. of the court day before the scheduled hearing.”

This change will become effective on April 1, 2013 and will be reflected in the next regular revision of the Local Rules of this Court.