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   Superior Court of the State of California

County of Orange

 

DEPT C23

 

Judge Robert J. Moss

 

The court will hear oral argument on all matters at the time noticed for the hearing.  If you would prefer to submit the matter on your papers with out oral argument, please advise the clerk by calling (714) 834-4606.  If no appearance is made by either party, the tentative ruling will be the final ruling.  Rulings are normally posted on the Internet by 4:00 p.m. on the day before the hearing.

 

Date: July 25, 2008

 

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Case Name

Tentative

 1.

McCall v Skipper

 

06CC07510

 

Defendant’s motion to set aside default judgment.  Motion continued.  Although no substitution has been filed, the declaration of attorney Raymond Brown indicates that the firm of Lee A. Wood & Associates no longer exists.  The motion is continued so that plaintiff may serve the motion personally on plaintiff.  The motion is continued to August 29, 2008.  Moving party to give notice.

 

 2.

Morita v Regents

 

06CC12733

 

Defendant’s motion for release of autopsy photographs.  Motion granted.  The court finds there is good cause for the release of the photographs to defendant.  The court orders that dissemination of the photographs will be limited to the parties, the attorneys (including office staff) and their experts and shall not be released or shown to any other persons.  Moving party to give notice.

 

 3.

Scapellati v Smart Dimensions

 

07CC02922

 

[Continued to 8/15/08.]

 4.

Bailey v First American Title

 

07CC06155

 

[Off calendar.]

 5.

Larson v Treadway

 

07CC06251

 

[Continued to8/22/08.]

 6.

Sauter v Serras Bar & Grill Inc

 

07CC06486

 

Defendant’s motions to compel responses to written discovery.  No opposition.  Motions granted.  Plaintiff shall serve properly verified responses (including copies of documents requested) without objection by August 8, 2008.  Sanctions are awarded to defendant and against plaintiff in the total sum of $1310.00.  Moving party to give notice.

 

 7.

Robertson v Garp Properties

 

 

07CC07600

 

  1. Plaintiff’s motion to compel further answers to questions at deposition.  Motion granted. 
    1. Defendant is ordered to answer all of the disputed questions, except for the question concerning the marital settlement agreement.  (Depo, 159:3-13.
    2. Prior to the re-commencement of defendant’s deposition, defendant is ordered to review his external hard drives and DVDs for all documents responsive to plaintiff’s request and to produce at his continued deposition any responsive documents that are located.
    3. The continued deposition is limited to the disputed questions and any follow-up questions directly related thereto, as well as questions concerning any additional produced documents.
    4. Defense counsel is admonished to refrain from making speaking objections, unnecessary interruptions and improper objections unrelated to privilege, work-product protection, or the form of the question.
    5. Both parties’ request for sanctions is denied.
    6. Defendant’s request for judicial notice is denied.
  2. Plaintiff’s motion to quash subpoena.  Motion granted.  Financial records are within the Constitutional zone of privacy.  Defendant has failed to meet his burden to establish that the requested documents, even as modified, are directly relevant to any issues in this case.  Sanctions are awarded to plaintiff and against defendant in the sum of $1,860.00.

 

Moving party to give notice.

 

 8.

Paradice v Deloach

 

07CC09060

 

Defendant’s motion to reclassify matter to limited jurisdiction.  Motion denied.  While it may be unlikely that plaintiff will recover more then $25,000, it is not a legal certainty.  In addition, the moving papers do not explain the delay in bringing this motion.  The answer was filed on 11/7/07.  Moving party to give notice.

 

 9.

Integrated Healthcare v Intercoastal Medical

 

07CC09408

 

[Off calendar.]

10.

Tran v South Counties Pediatric Critical Care

 

07CC11115

 

Defendant’s motions to compel responses to written discovery and to compel plaintiff’s attendance at deposition (with production of documents.)  No opposition.  Motions granted.  Plaintiff shall serve properly verified responses (including copies of documents requested) without objection by August 8, 2008.  Plaintiff shall appear for an oral deposition and produce documents requested at a reasonable time and place to be determined by counsel for defendants.  Sanctions are awarded to defendant and against plaintiff in the total amount of $2,703.90.  Moving party to give notice.

 

11.

Resurreccion v Chapman Care Center

 

(case number?)

 

[Continued to 8/15/08.]

12.

KM CAD Services Inc v Jose

 

30-2008-00105977

 

[Demurrer and motion to strike, continued to 8/15/08.  Motion to be relieved, off calendar.]

13.

Murawski v Podjob

 

30-2008-00105977

 

Motion for preference.  Motion denied.  Even though plaintiff has several medical conditions, it has not been established that these chronic conditions mean he is unlikely to survive six months.  However, if the matter is at issue, the court will treat the hearing on this motion as a trial setting conference and set the case for trial within twelve months of the date the complaint was filed.  Moving party to give notice.

 

14.

Polston v Boys and Girls Club of Tustin

 

30-2008-00106772

 

[Off calendar.]

 

15.

Roseryan Inc v Nationwide Auction Systems Inc

 

30-2008-00107690

 

[Off calendar.]

16.

Bankers Insurance Services v Golden Bells Insurance Agency

 

30-2008-00101169

 

[Off calendar.]