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Case Name

Tentative

1.

American First Credit Union v. Infinity Select Insurance Co., Inc.

08-105198

Plaintiff’s Motion to Compel Discovery and Request for Sanctions is granted.  Defendant Tapia is ordered to respond to Form and Special Interrogatories and to Requests for Production without objection.  Requests for Admission are deemed admitted.  Tapia is ordered to pay $715 in sanctions to Plaintiff within 20 days.

Defendant Infinity Select’s Motion for Judgment on the Pleadings is denied as Para. 18 of the Complaint sufficiently alleges that Plaintiff is a 3^rd party beneficiary as a lienholder and additional insured.  Plaintiff’s objections to the Clark Declaration are sustained.

Motion to Withdraw as Counsel of Record by attorney Young is granted upon the interlineation of the proposed order to reflect the current CMC date of 10/9/08.

2.

Ascher & Assoc. v. Jian

08-102821

Off calendar

3.

Meza v. Domino Realty Management Co.

07CC10434

Defendant’s Motions for Orders to Show Cause re Contempt are granted.  The Orders to Show Cause re Contempt are set for hearing on December 1, 2008.  Moving Party is to personally and timely serve Orders to Show Cause on plaintiff and file POS at least five days before the hearing.  Moving Party’s requests for additional monetary sanctions are denied.  Sanctions orders are enforceable as money judgments.  Additional motions were not necessary.

4.

MSD Line Inc. v. Skyles Logistics Inc.

08-106691

Continued to 11/7/08 per stipulation.

5.

Perrusquia v. Dihn

08-108379

Defendant’s demurrer is overruled.  Defendant’s motion to strike is denied as to the allegations on pages 3 and 6 of the complaint, and granted as to the allegations on page 5 of the Complaint in the General Negligence cause of action.

6.

Pitt v. National Merchant Center Inc.

08-105320

Motion to Stay Action and Petition to Compel Arbitration by Cross-Defendant Bykova is denied in part and granted in part.  The Court finds that an enforceable agreement to arbitrate exists between National Merchant Center and Bykova, and orders arbitration of all claims asserted by National Merchant Center against Bykova.  However, the Court further orders the arbitration stayed pending the outcome of this proceeding.

Cross-Defendant Mamaliger’s Motion for Judgment on the Pleadings as to First Amended Cross-Complaint of Faina Rozen is granted in its entirety without leave to amend.

Cross-Defendant Mamaliger’s Motion for Judgment on the Pleadings as to First Amended Cross-Complaint of NMC and Balanko is granted without leave to amend as to causes of action 4, 5, 6, 8 and 9 and denied as to cause of action 7. 

7.

Scriba Educational Services Inc. v. Fullerton School District

08-107612

Defendant’s demurrer is sustained in its entirety with leave to amend for failure to state facts constituting a cause of action.  Defendant’s motion to strike is granted without leave to amend as punitive damages are precluded by statute.

8.

Time Warner Cable, Inc. v. Beador Construction Inc.

08-106247

Off calendar

9.

Willems v. TFN Architectural Signage Inc.

07CC11783

Off calendar

10.

Wells Fargo Equipment Finance, Inc. v. Construction Fleet Services, Inc.

08-108582

Plaintiff’s Application for Writ of Possession granted.  No bond is required.