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Case Name

Tentative

 1.

Gold v Anderson

05CC11582

Plaintiff’s motion to set aside dismissal.  No opposition.  Motion granted.  Moving party to give notice.

 2.

Stein v Belvedere

07CC03054

Plaintiff’s motion for leave to file first amended complaint.  Motion granted.  Plaintiff to file first amended complaint by August 29, 2008 and to serve forthwith.  Moving party to give notice.

 3.

Salazar v NRG Resources

07CC04698

Defendants’ motions to quash subpoenas.  A discovery referee is deemed appropriate given the additional motions to quash filed by these parties, as well as privilege issues raised in reference to these motions to quash. Given the previous appointment of Judge Brenner as referee on other discovery matters, the court finds that neither party has demonstrated an inability to pay for a discovery referee.  The discovery referee shall provide a recommended ruling on the following matters: (1) Defendant NRG Resources, Inc.’s motion to quash business records subpoenas, and the associated request for sanctions,

(2) Defendant NRG Resources, Inc.’s motion to quash bank business records subpoenas, and the associated request for sanctions, and (3) all future discovery motions between these parties, including motions to compel further responses and motions to quash, shall be submitted to the discovery referee. Judge Brenner will remain the appointed referee for these discovery matters.  The maximum hourly rate to be charged by the discovery referee shall be no more than $400.00 per hour, and a maximum of 25 hours is deemed sufficient on the pending motions unless the discovery referee submits a request demonstrating that more time is needed. Any objections to the discovery referee’s recommendation shall be served and filed within 10 calendar days from the mailing of the discovery referee’s report as provided by pursuant to C.C.P. 643(c).  The discovery referee’s report will then be ruled upon by the court.  Finally, the parties are to split the cost of this discovery referee.  Moving party to give notice.

 4.

Larson v Treadway

07CC062541

1. Defendant Treadway’s motion for attorney fees.  Motion denied.  A party is only entitled to attorney fees if authorized by statute or agreed to in a contract.  Here, defendant bases his claim on the security agreement between plaintiff and defendant Tabrizi because the attorney fees clause refers to the parties and their “personal representatives.”  First of all, the plaintiff’s lawsuit has virtually nothing to do with the security agreement.  If related to any contract, it is related to the purchase and sale agreement to which Treadway expressly was not a party.  Second, even if the lawsuit did arise out of the security agreement, the court finds the term “personal representative” ambiguous and interprets that phrase to mean a person standing in the buyer’s or seller’s shoes should that party die or become incompetent.  In any event, moving party has failed to meet its burden of showing that the term was intended to include real estate agents.  Third, the fifth cause of action for breach of contract was expressly directed only to defendant’s Tabrizi and HS Bakery Inc (even thought the prayer does mention Treadway.)  The only causes of action alleged against Treadway are for torts.  Moving party’s request for judicial notice is granted.   Moving party to give notice.
2. Plaintiff’s motion to tax costs.  No opposition.  Motion granted.  The service of process fee of $296.70 and the attorney service charge of $70.00 are stricken.  Costs are awarded to defendant in the amount of $340.00.  Moving party to give notice.

 5.

Shelly Automotive v Brakke Schafnitz

07CC07117 c/w 30-2007-106039

[The court on its own motion is inclined to transfer this matter to civil complex.  The clerk will notify counsel of the department to which the matter is assigned after which the hearings on the present motions will be calendared.]

 6.

Dickinson v Miller Brooks Environmental

07CC07514 [Related to 30-2007-00021456]

Motion to withdraw as counsel of record by attorney for plaintiffs Barbati, Convenant Development, Dickinson, and Nationwide Strategic Resources.  No opposition.  Motion granted.  Counsel to submit order on Judicial Council form and give notice.

 7.

Sigma International v Stuback

07CC11650

Motion to be relieved as counsel by attorney for defendants Stuback, Kornbluth and L&J Business Systems.  No opposition.  Motions granted.  Moving party to submit orders on Judicial Council forms.  Moving party to give notice.

 8.

Dryer v Hatchell

30-2007-00100756

Plaintiff’s motion to quash subpoenas to health care providers.  No opposition.  Motion granted.  The health care providers are ordered to produce only those records for examination of or treatment to those parts of plaintiff’s body injured in the subject accident.  The plaintiff is ordered to advise defendant and the health care providers of the parts of her body she claims were injured in this accident.  Moving party to give notice.

 9.

Ivester v Kaiser

30-2008-00104088

Defendant’s motion to compel arbitration.  Motion granted.  H&S § 1363.1 does require that arbitration disclosure provisions of the enrollment form not just be displayed above the signature line, but be “prominently” displayed.  The court also agrees with plaintiff that using plain, small typeface without any heading, bolding, underlining, italics or other means of distinguishing this provision from the general text of the form does not comply with the prominence requirement.  Burks v Kaiser Foundation Health Plan (2008) 160 Cal. App. 4^th 1021. However, H&S §1363.1 has been preempted pursuant to 42 U.S.C. §1395w-26(b)(3) and CMS’s approval of the pertinent documents, including the enrollment form, is dispositive.  Clay v. Permanente Medical Group (N.D. Cal 2007) 540 F. Supp. 2d 1101, 1108-1109.  Moving party to give notice.

10.

KM CAD Services v Jose

30-2008-00104461

[Dismissal filed.]

11.

Osako v Yamachan Corporation

30-2008-00105391

[Continued to 10/10/08.]  

12.

Accelerated Marketing v Telekenex

30-2008-00105391

Plaintiff attorney’s motion to be relieved as counsel.  No opposition.  Motion granted.  Moving party to give notice.

13.

GMAC v Collier

30-2008-00108118

[Continued to 10/31/08.]

14. 

Donahue Trust

A225267

[No tentative.]

15.

Hughes v Trojan Gasket & Supply

06CC01872

Defendants’ motion to continue trial.  No opposition.  Motion granted.  The interests of justice will be served by permitting the Arkansas case to be tried first.  Counsel to appear for the purpose of selecting a new trial date.  Moving party to give notice.

16.

Watts v Mai

30-2008-00101902

Defendant’s motions to compel responses to written discovery.  No opposition.  Motions granted.  Plaintiff is ordered to provide properly verified responses (including copies of documents requested) without objection by September 5, 2008.  Plaintiff shall pay to defendant as sanctions $714.00.  Moving party to give notice.