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Case Name

Tentative

1

30-2008-105496

Advanceme, Inc. vs. Sweeting

1.  Plt., Advanceme, Inc., Motion to Compel  Responses to Form Rogs (Set One) ((Sweeting)   ---   Granted;  The motion is unopposed.  Sanctions in the amount of $550 are awarded to Plt. and against Def. and counsel payable on or before November 11, 2008.

2.  Plt., Andvanceme, Motion to Compel Responses to Request for Production of Documents  (Set One)  (Sweeting)   ---   Granted;  The motion is unopposed.  Sanctions are denied on this motion.

3.  Plt., Advanceme, Motion to Deem Requests for Admissions Admitted   ---   Granted;  The Requests were properly propounded and served.  No answers have been given.   Sanctions in the amount of $412.50 are awarded to Plt. and against Def. payable on or before November 11, 2008. 

2

05CC02630

Chicago Title Company vs. Alpine Riviera LLC

1.  Def., Klekamp, Motion for Order Distributing the Interpleaded Funds   ---   Granted;  Submit an order conforming to the requested relief which appears to conform to the courts ruling after Trial.

3

30-2008-110359

Cohn vs. Witter

1.  Plt., Cohn, Application for Temporary Restraining Order and Writ of Possession   ---   Denied;  The application is not accompanied by a Points and Authorities.   (CRC 3.1113(a).  It cannot be determined whether Plt. is entitled to the writ.  Attachment 4 contains property that does not appear to be the proper subject of a writ of possession.  There is not a sufficient showing of probable validity of the claim or immediate danger that the property will be transferred…

4

07CC10347

Felton vs. Singer

1.  Def., Singer, Motion to Compel Responses to Form  Rogs  (Set 1) (Ellen Felton) ---   Granted;  Sanctions are awarded to Def. and against Responding party in the amount of $370 payable on or before November 11, 2008.

2.  Def., Singer, Motion to Compel Responses to Form Rogs (Set1) (Kenneth Rudd)   ---   Granted;  Sanctions in the amount of $115 are awarded to Def. and against Responding party and counsel payable on or before November 11, 2008.

3. Def., Singer, Motion to Compel Responses to Form Rogs  (Set1) (Robert Rudd)   ---   Granted; Sanctions of $115 to Def. and against Def. and counsel payable on or before November 11, 2008

4.  Def., Singer, Motion to Compel Responses to Special Rogs  (set1) (Ellen Felton)   ---   Granted; 

5.  Def., Singer, Motion to Compel Responses to Special Rogs (set1) (Kenneth Rudd)   ---   Granted; 

6.  Def., Singer, Motion to Compel Responses to Special Rogs  (Set 1) (Robert Rudd)   ---   Granted;

7.  Def., Singer, Motion to Compel Responses to Requests for Production of Documents  (Set 1) (Ellen Felton)   ---   Granted;

8.  Def., Singer, Motion to Compel Responses to Request for Production of Docuemtns  (Set 1) (Kenneth Rudd)   ---   Granted; 

9. Def., Singer Motion to Compel Responses to Request for Production of Cocuments  (Set 1)  (Robert Rudd)   ---   Granted ;

10.  Def., Singer, Motion to Deem Matters in Request for Admissions Admitted   (Set 1) (Ellen Felton)    ---   Granted;

11.  Def., Singer, Motion to Deem Matters in Requests for Admissions Admitted  (Set 1) (Kenneth Rudd)   ---   Granted;

12.  Def., Singer, Motion to Deem Matter in Requests for Admissions Admitted  (Set 1)  (Robert Rudd)   ---   Granted:

All responses are to be prepared without objection and served on Def., Singer, on or before November 15, 2008.  Sanction on each motion 2-12 are awarded to Def., Singer, and against the respective responding parties and counsel payable on or before November 15, 2008.                      

5

30-2008-109983

GMAC LLC vs. Gibbons

1.  Plt., GMAC, Application for Writ of Possession   ---   Granted;  Declarations establishes the right to possession and the issuance of the writ.  No undertaking is ordered b/c Def. lacks any monetary interest in the vehicle.  CCP 515.010(b)

6

30-2008-109626

Jewell vs. DLL Team Holding LLC

1.  Def., Sporn, Demurrer to the 2^nd, 5^th and 6^th Causes of Action of the Complaint   ---  

Demurrer is moot.  The Complaint is no longer the operative pleading no matter what.  It appears that a timely Amended pleading has been filed -  service issues notwithstanding.  Reserve it, immediately.  The Def. can respond to it in a timely fashion based on the new service date.

7

07CC10979

MJW & Associates, Inc. vs. Jeff Tracy, Inc.

1.  Def., Tracy, Motion to Compel Responses to Form Rogs. (Set One)  (MJW)   ---   Denied;  Responses to the Rogs have now been served. 

2. Def., Tracy, Motion to Compel Responses to Special Rogs (Set One) (MJW)   ---   Denied; Responses to the Rogs have now been served.

3.  Def., Tracy, Motion to Compel Responses to Request for Production of Documents  (Set One)  (MJW)   ---     Denied; Responses which are either directly responsive or conform to the statutory requirements have now been served.

4.  Def., Tracy, Motion to Deem Requests for Admissions Admitted  (Set One)  (MJW)   ---    Responses to the Requests have now been served.

Sanctions of each motion are denied.

8

07CC00219

Mullenax vs. Mahaffey

1.  Respondent, Mahaffey, Motion to Quash Subpoena   ---   No tentative.  Why was the Merrill sub not served on Merrill?  Why was no notice to consumer simultaneously sent to Robyn Mahaffey as a co-trustee of the family trust on either the Merrill  or PHH subs?

9

30-2008-102315

Orellana vs. Rodriguez

1.  Def., Rodriguez, Motion to Compel Responses to Form Rogs  (Set 1) ( Orellana)   ---   Granted;  Responses by Orellana are to be served on or before November 17, 2008, without objections.  Sanctions are awarded to Def., Rodriguez, and against Plt. and counsel in the amount of $340 payable on or before November 17, 2008.

2.  Def., Rodriguez, Motion to Compel Responses to Special Rogs (Set 1) (Orellana)  ---   Granted;  Responses to the Rogs are to be served without objection on or before November 17, 2008.  Sanctions are awarded to Def. and against Plt. and counsel in the amount of $340.

3.  Def., Rodriguez, Motion to Compel Responses to  Request for Production of Documents  (Set1) (Orellana)   ---   Granted;  See ruling above.   Sanctions in the amount of $340 are awarded to Def. and against Plt. and counsel payable of or before November 17, 2008.

4.  Def., Rodriguez, Motion to Compel Responses to Request for Production of Documents  (Set 2) (Orellana)   ---   Granted;  Same ruling as above.  Sanctions in the amount of $340 awarded to Def. and against Plt. and counsel payable on or before November 17, 2008.

10

30-2008-110224

Peek vs. Randall DDS

1.  Def., Randall, Special Motion to Strike  (SLAPP)   ---   Denied; Despite the fact that the opposition and the reply were filed late the court will consider both in ruling on this motion.  First, the allegations in Paragraph 8 and 13 of the complaint  are sufficient to state a cause of action that survives the SLAPP motion because they allege that publication was made to others.  In addition,  the declarations accompanying the opposition are sufficient to satisfy the burden of Plt. in presenting evidence in opposition.

Plt. Request for Judicial Notice  --  Granted as to the fact that the Orange County Office of Appeals rendered a decision on August 22, 2008, but not the hearsay contained therein.

Def., Peek, Evidentiary Objections  --  Denied all.  These objections are essentially based on the fact that the declarations are written in the 3d person.  However,  they are notarized which requires the affiant to authenticate the information.

11

30-2008-105139

Shu vs. Diep

1.  Def., Diep, Motion for Leave to File Late Cross-Complaint    ---   Granted;  No prejudice will result to the Plt./Cross-Def. b/c no discovery has been started and the motion has been brought early in the litigation