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Case Name

Tentative

1

05CC08516

BOLDUC vs. HERNANDEZ

Motion by plaintiff/judgment creditor for earnings withholding order is granted.  Moving party to give notice.

2

06CC05906

BREA HOSPITAL PROPERTIES LLC

vs.

SNELL & WILMER LLP

Defendant’s motion to strike portions of the third amended complaint is denied.  Whether plaintiffs have standing to assert claim with regard to the Sovereign action is a question of fact that cannot be determined by way of this motion.  Generally, an attorney’s liability for professional negligence is confined to the client with whom the attorney has contracted.  However, a non-client may state a cause of action for attorney negligence if the client is the practical and legal equivalent of a client.  For example, an express third party beneficiary of the attorney-client contract may be considered the equivalent of a client if  the attorney’s services were sought for the purpose of creating a benefit in favor of the non-client (Mariana v. Price Waterhouse 70 CA4th 697).  In any event, sufficient facts have been pled for the purpose of overcoming this motion.

3

07CC09912

COOLEY

vs.

CHANG

Motion by plaintiffs’ attorney to be relieved as attorney will be granted if attorney can present proof of service showing that clients were served with copy of the order pursuant to CCR 3.1362(e).  Otherwise it will be denied without prejudice.

4

05CC13437

DEL CANTO

vs.

UVA CONSTRUCTION

Plaintiff’s motion to confirm arbitration award is denied without prejudice.  There is no proof of service of either the arbitration award or the moving papers on defendant Uva Construction.  The proof of service on the arbitration award is defective as it lists the name of another case and not in compliance with CCP 1013a(1).  The petition does not include a copy of the agreement providing for arbitration per CCP 1285.4(b).  Moving party to give notice.

5

07CC06915

FONG

vs.

HWANG

Demurrer to the cross-complaint is made moot by the fact that cross-complainants have submitted an amended cross-complaint as part of their opposition and pursuant to CCP 472 any pleading may be amended once without leave of court.  The amended cross-complaint is deemed filed and served as of 7/23 on all parties who have been served with the response.  Any challenge to the adequacy of the allegations of the first amended cross-complaint must be asserted by way of a new demurrer on which all parties are given a full opportunity to brief the issues.

6 

06CC10091

GARCIA

vs.

KILGORE

Defendant’s motion to tax costs is granted to the extent that

 item no. 11 is taxed in the amount of $2,977.28 leaving a recovery of $84.38 for this item.  Item no. 13 is taxed in the entire amount such that plaintiff shall recover none of these costs.  The costs sought under this item are either prohibited by CCP 1033.5(b) or recoverable only in the discretion of he court under section 1033.5(c)(4).  Pl. has not provided the court with a basis upon which to exercise such discretion.  Moreover, the court finds that the costs of the trial presentations sought were not reasonable in amount or reasonably necessary to this litigation.  Pl. shall recover costs in the total amount of $5,875.13.

7

07CC10613

HYDUKE’S VALLEY MOTORS

vs.

GARCIA

Plaintiff’s motion for leave to file a second amended complaint is granted.  Plaintiff shall file an executed copy of the proposed second amended complaint with the court on or before 7/25.  It will be deemed served on 7/25 on all parties who have previously appeared.

8

30-2008 00102724

IKEDA vs. IKEDA

Defendant’s unopposed motion to set aside default judgment is granted.

9

30-2008 00104129

JONES vs.

FOUNTAIN VALLEY MUSIC CENTER INC.

Plaintiff’s motion for leave to file first amended complaint is granted.

10

06CC03749

LAROCHE vs.

WHEELER FAMILY TRUST

Motion to be relieved as plaintiffs’ attorney is granted.

11

07CC08179

M CAPITAL vs.

MARLIN

Motion to consolidate actions is denied without prejudice.  Although the motion appears to have merit, there has been no compliance with Rules 3.350(a)(1) and 3.350(2)(b)

12

07CC09631

MOHR

vs.

CASH CALL

Demurrer by defendant Reddam to second amended complaint is overruled.  Paragraph 31 of the second amended complaint contains sufficient allegations that said defendant is a debt collector within the meaning of CC 1788.2.  Whether Reddam’s activities amount to material participation is a question of fact that cannot be disposed of at this stage of the litigation. Del Campo v. Kennedy 491 F. Supp. 2^nd 891.

13

06CC07887

NGO

vs.

CENMAXX BPDC FIN. SERVICES INC

Plaintiffs’ motion to enforce settlement pursuant to CCP 664.6 is continued to 8/14/08 at 2PM.  Plaintiffs are ordered to file a copy of the transcript of the oral settlement 5 court days before 8/14 in order that the Court knows exactly what settlement terms the Court is being asked to enforce.

14

05CC11632

PETERS & FREEDMAN LLP

vs.

MCMAHON

Motion to strike first amended complaint and motion to declare defendant A. McMahon a vexatious litigant are taken off-calendar because of the notice of removal that has been filed by defendant Stephens that deprives this court of jurisdiction, at least until the federal court decides whether it will accept the case pursuant to 28 USC 1446(d) or remand it back to this court.  The order to take the motions off-calendar is without prejudice to these same motions being restored to the calendar if the action is remanded by the federal court. As such, the parties are ordered to give the court notice of any remand in this action. Plaintiff to give notice.

15

07CC08909

SUBBIONDO

vs.

INTERSTATE FIRE AND CAS. CO.

1)  The motion for partial stay filed by Ranger is continued to 8/13 at 2PM.  Based on the information before the court, it appears that the discovery issues which the parties seek to stay and the discovery issues which the parties seek to allow to go forward will involve overlapping issues and a partial stay is not workable.  The court is inclined to grant a complete stay of the instant action, pending resolution of the underlying action.  As the parties have not briefed the issue of a complete stay, the court is willing to allow additional briefing on the issue of a complete stay.  Ranger’s supplemental brief on this issue is due by 12pm on 7/30.  Responding party’s brief is due by 12Pm on 8/7.  Briefs are limited to 6 pages only.   2) Ranger’s motions for protective order and to bifurcate the trial are continued to 8/13 at 2PM to be heard at the same time as the motion to stay.  If the parties are willing to forego the continuance and argue the issue of a complete stay at the hearing on 7/23, the court will entertain oral argument on this issue and rule on the motion at the current hearing date, as well as the other motions filed by Ranger.

16

07CC08909

VALENZUELA

vs.

SEPULVEDA

Motion for summary judgment by defendant Wells Fargo is granted.  Wells Fargo has carried its burden of establishing that it owes no duty to non-customers and plaintiff has not rebutted this.  The only duty owed by Wells Fargo is to its customer, Sepulveda (Roy Supply, Inc. v. Wells Fargo Bank 39 CA 4^th 1051).  Further discovery (depo. of Sepulveda) would not be relevant to the issue raised in this motion, since Sepulveda does not have information concerning Well Fargo’s duty of care.  The technical violation of Wells Fargo in not providing a response column is not significant in view of the fact that there were only 2 issues in the separate statement.

17

07CC03987

VENETOS

vs.

WOITHE

Plaintiffs’ motion for leave to file a third amended complaint is granted.  Although there has been no compliance with CRC rule 3.1324 the court grants the motion in view of the fact that it is unopposed. Plaintiffs are ordered to file a new, signed original of the third amended complaint within 2 court days and thereafter promptly serve a conformed copy on all parties.  Plaintiffs are also ordered to give notice of this ruling.