18

30-2008-

00102821

ASCHER & ASSOC. VS. JIAN

DEFENDANT’S DEMURRER TO COMPLAINT -

Continued to August 11, 2008 at 10:30 am on Courts own motion.  First Amended Complaint to be filed.

19

07CC09154

BLESSLEY VS. FIRE INS. EXCHANGE

1) DEFENDANT, FIRE INSURANCE EXCHANGE’S MOTION FOR SUMMARY JUDGMENT/SAI -

Continued to August 15, 2008 at 10:30 am in C-18 pursuant to Ex Parte heard July 17, 2008.

2) PLAINTIFF’S MOTION TO COMPEL THE PERSONS MOST KNOWLEDGEABLE FOR FIRE INSURANCE EXCHANGE TO ATTEND DEPOSITION AND PRODUCE DOCUMENTS; SANCTIONS – Many of the issues raised here were addressed previously 7/7/08.  Deny as to Questions 1 and 10. 

Grant as to remainder.

No sanctions to either.

Both Person’s Most Knowledgeable should be produced re EPV program and communication with insured and Fire re Defendant AAA.  Caution:  Appearances not to be construed to permit evading Colonial re Insurance Code 791.13. 

As to documents requested – same ruling.  Deny as to 1 and 10 and grant as to 2 – 9.  If not covered by July 17,2008 stipulation (on Ex Parte record) – come prepared with dates to comply.

3) PLAINTIFF’S MOTION TO COMPEL SERVICEMASTER CLEAN TO COMPLY WITH DEPOSITION SUBPOENA REGARDING BUSINESS RECORDS – Grant:  No expectation of privacy on 3d party complaint and Insurance Code 791.01 not applicable.  Relevant because Fires guidelines dictate AAA conduct/performance.  Produce records within 7 days of notice by moving party.

20

30-2008-

00102987

DUAL HEMISPHERE VS.

WEAVER

PLAINTIFF’S MOTION  FOR REQUESTS FOR ADMISSIONS DEEMED ADMITTED PURSUANT TO CCP 2033.280; SANCTIONS – Granted – deemed admitted unless responses received before July 21, 2008.

Sanctions of $900.00 if moving party must appear or $335.00 if no appearance is necessary.

Moving party give notice.

21

07CC10932

DUCANOIS VS. BLUECREST CAPITAL MGT.

1) DEMURRER BY ALL DEFENDANT’S TO COMPLAINT – Overrule as to Cause of Action 1, 3, 4 and 5. What moving party calls opinion may be facts and go to misrepresentation – fact that closure came so close to affirmative statements itself raises issues which can and should be clarified by discovery but give moving party knowledge of claim to justify overruling Demurrer. 

On Cause of Action 5 (Business & Professions Code 17200) Unpaid wages support allegations Cortez, 23 C. 4^th 167, 177 – 178 (2000).

Sustain Cause of Action 2 without leave – Negligent Misrepresentation – there is no such thing as negligent false promise Tarmann, 2 CA 4^th 153, 158 – 59.

2) CASE MANAGEMENT CONFERENCE -  Counsel to appear to discuss Trial date.

22

07CC06712

GORDON VS. LANDFIELD

DEFENDANT’S MOTION FOR ORDER COMPELLING FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE; SANCTIONS -  Off Calendar by moving party.

23

30–2008-

00104746

GLOBAL COLLECTIONS CORP. VS. ROCKY MOUNTAIN INSTRUMENTS

PLAINTIFF’S DEMURRER TO CROSS-COMPLAINT –

Off calendar pursuant to notice from moving party.

24

07CC07274

HATCHER VS. HITOMI

1)  DEFENDANT’S MOTION FOR SUMMARY JUDGMENT/SAI – Moot based on new Amended Complaint.  Court takes the Motion off calendar.

2)  DEFENDANT’S MOTION TO CONTINUE TRIAL DATE DUE TO NEW AMENDED COMPLAINT AND REQUEST TO AMEND SUMMARY JUDGMENT MOTION – In light of pleading issue – Motion granted.  Counsel should appear personally to discuss new dates.

3)  DEFENDANT’S MOTION FOR PROTECTIVE ORDER PRECLUDING FURTHER DEPOSITION OF DEFENDANT – Granted.  In order to amend Plaintiff must make new allegations in good faith.  Defendant has been deposed – so pleading should be tested before any new deposition of Defendant is set.

4) PLAINTIFF’S MOTION TO COMPEL APPEARANCE OF HITOMI AT DEPOSITION AND SANCTIONS – Denied, without prejudice, in light of Motion 3.

25

07CC07380

MCGILL VS. GRECIAN

PLAINTIFF’S MOTION TO STRIKE OR TAX COSTS –

Motion to tax is denied except as to $2,525.00 for Dr. Nichter who was not necessary and did not testify.  Also, responding party has failed to explain increase in Stephen Foreman amount to $10,095.00 from $2,765.00 – no hours itemized or actual invoices.  But with 998 – responding party is entitled to reasonable expert fees.  Allow total of $10,349.59.

26

07CC06557

PALMER VS. WILSON

PLAINTIFF’S MOTION FOR CONTINUANCE OF TRIAL -  Grant and continue Trial from September 15, 2008 to February 2, 2009 at 9:30 am in C-18.  No further continuances.

Moving party give notice.

27

30-2008-

00105636

RUBIO VS. EMPIRE FUNDING GROUP, INC.

DEFENDANT’S DEMURRER TO COMPLAINT – Overruled.  Answer within 10 days.  While not a picture of clarity – unverified complaint. Issues will be preserved by general denial and can be clarified by discovery –  but moving party is on notice of essence of claim whether yield/spread promise was breach of duty  to Plaintiff and whether any failure to explain this was also breach of fiduciary duty.

Responding party give notice.

28

30-2008-

00101503

SENTRY INSURANCE VS. CANON U.S.A.

DEFENDANT’S MOTION FOR LEAVE TO FILE CROSS-COMPLAINT – Grant.  Moving party give notice.  Cross-Complaint deemed filed and served on all appearing parties as of July 21, 2008.

29

07CC11783

WILLEMS VS. TFN ARCHITECTURAL SIGNAGE, INC.

1)  DEFENDANT’S MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES, SET ONE; SANCTIONS – As to Form Interrogatory 17.1(d) – Grant.  Plaintiff to provide further responses

including documents responsive to each of the subject request for admissions. 

Sanctions by Plaintiff and Plaintiff counsel, joint & several, to moving party in the sum of $750.00.

Responses and sanctions due within 10 days of notice by moving party .

2)  DEFENDANT’S MOTION TO COMPEL FURTHER RESPONSES FOR PRODUCTION OF DOCUMENTS, SET ONE; SANCTIONS –  Grant.  Plaintiff to provide within 10 days of notice further responses, without objection, to comply with CCP 2031.210, 2031.220, 2031.230 and 2031.240 – by organizing and labeling documents to correspond with each category demanded.

Sanctions by Plaintiff and Plaintiff counsel, joint & several, to moving party in the sum of $500.00 within 10 days of notice by moving party.