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    Superior Court of the State of California

County of Orange

TENTATIVE RULINGS FOR DEPARTMENT C-22

Judge Sheila Fell

 

Counsel and Parties Please Note:

Law and Motion in Dep’t C-22 is heard on Wednesday

 mornings at 10:00 a.m.

 

Tentative Rulings will be posted on the Internet each Tuesday by 4:30 p.m. [or earlier] whenever possible.  To submit on the tentative ruling, please contact the clerk at (714)834-4355, after contacting opposing party/counsel.  Prevailing party shall give notice of the ruling and prepare the Order/Judgment for the Court’s signature if required. 

 

NOTE: After posting of tentative rulings, the Court will not take the motion off calendar and will grant a continuance of the motion only upon stipulation of all affected parties.

 

If no appearances are made on the calendared motion date then oral argument will be deemed to have been waived and the tentative ruling will become the Court’s final ruling.

 

 

CALENDAR DATE:

Wednesday, July 23, 2008

 

 

Case Name

Tentative

1

Huie v Southland Sod

Motion for Clarification

    Court’s Order granting new trial was abundantly clear; Trial was granted on all issues based on inadequate damages; No distinction was made between economic and non-economic damages.

2

Bristol Medical v Sentinel Health

Atty Fees

    Thoreen: Allow $70,129.03;

    Green:  Allow $45,955.00;

    Weiss:  Fees not substantiated – disallow;

    Costs:  Allow $ 7,206.00;

Award no fees on the Cross Complaint.

3

Young v Country Villa

Cont’d to 8/6/08

4

Hagan v Carl Karcher

O/C

5

Dang v Lopez

Cont’d to 8/27/08

6

Samsung Auto v Kim

O/C

7

Allen v Mauriello

Demurrer to Answer

    Defendant has filed his 1st Amended Answer prior to this Court’s determination of the merits of Plaintiff’s Demurrer/Motion to Strike to Defendant’s original Answer; Moot;      

Mtn to Strike Answer

    See above; Moot;

Case Mgmt Conference

8

Spielberger v Central’s One Stop

To C17 ?

9

CRC Consulting v Harbor Construction

Demurrer to 6th Cause of Action of Pltf’s Complaint

    Sixth cause of action lacks specificity re elements of fraud; Corporate allegations lack names, statements, dates; Sustain w/15 days leave to amend;

Strike Portions of Complaint

    Attorney fees:  No basis for attorney fee award [conceded by Pltf]; Grant;

    Punitive damages:  Moot based on above.     

10

Ribnick v Sunrise Senior

Mtn for Preference

    Appropriate based on Plaintiff’s age and ill health; Grant.