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DEPT W-1 LAW AND MOTION
THE HONORABLE LEON EMERSON
THE FOLLOWING ARE THE LAW AND MOTION PROCEDURES/RULINGS FOR ORANGE COUNTY SUPERIOR COURT AT THE WEST JUSTICE CENTER
THIS COURT FOLLOWS CRC 3.1308 (a) (2). FOR TENTATIVE RULINGS
HEARINGS:
HEARINGS ARE HELD ON FRIDAYS AT 08:30 AM IN DEPARTMENT W1. TENTATIVE RULINGS FOR EACH FRIDAY LAW & MOTION MATTER ARE POSTED ON THE INTERNET BY 2:00 PM THE THURSDAY BEFORE IF AVAILABLE [i.e. the day before] THE FRIDAY HEARING.
OBTAINING THE TENTATIVE RULING:
TENTATIVE RULINGS ARE POSTED ON THE INTERNET AT: http://www.occourts.org/rulings BY 5:00 PM THE THURSDAY BEFORE SCHEDULED MOTION DAY.
ORAL ARGUMENT:
ORAL ARGUMENT IS ALWAYS ON THE FRIDAY HEARING DATE COMMENCING AT 08:30 AM IN DEPARTMENT W1. NO ADDITIONAL PAPERS WILL BE ALLOWED AT THE TIME OF THE HEARING.
NOTICE!!!!! IF YOU DO NOT INTEND TO APPEAR FOR ORAL ARGUMENTS, PLEASE NOTIFY OPPOSING COUNSEL BY THURSDAY AT 4:00P.M. SANCTIONS AND COSTS MAY BE ASSESSED FOR FAILURE TO COMPLY WITH THIS RULE WHERE THE COURT FEELS YOU HAVE UNREASONABLY CAUSED UNDUE INCONVENIENCE OR COSTS TO THE ATTORNEYS OR PARTIES ON THE OTHER SIDE.
IF NO ONE APPEARS FOR ARGUMENT, THEN THE TENTATIVE RULING WILL BE THE FINAL RULING ON THE MATTER EFFECTIVE THE DATE OF THE HEARING [FRIDAY].
PARTIES CAN SUBMIT ON THE TENTATIVE RULING BY INFORMING THE CLERK PRIOR TO COURT CALLING THE CALENDAR.
TENTATIVE RULINGS
DEPT W-1
THE HONORABLE LEON EMERSON
Date: Friday, July 25, 2008
8:30 a.m.
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1. |
06WL04254 B of A vs. Osunwa |
Motion to Dismiss Denied. Defensive matters not subject to this motion.
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2. |
07WL06541 Chase Bank vs. Brisby
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Petition to Confirm Arbitration Award Granted. O/S |
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3. |
07WL06840 Daimlerchrysler vs. Garcia
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Motion for Summary Judgment and/or Adjudication Granted. Plaintiff to prepare order and give notice. |
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4. |
07WL01478 Ganahl Lumber vs. Bonilla
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Motion for Order to Garnish Wages of Spouse of Judgment Debtor Granted. See CCP 695.020 |
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5. |
2007-00028161 National Credit Acceptance Inc. vs. Geertson |
Motion for Order that the Genuineness of Documents and Truth of Matters be Deemed Admitted and for Imposition of Monetary Sanctions Granted. Defendant shall pay sanctions to Plaintiff in the sum of $540.00. O/S
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2007-00034225 National Ready Mixed Concrete Co., a corporation vs. Sanchez
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Motion to Compel Answers to Form Interrogatories Granted. Sanctions against defendant and attorneys/Joint & Several Liability of $1320.00. Plaintiff to give notice. |
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7. |
07WL03614 Pages vs. Conkey |
Motion to Set Aside/Vacate Dismissal Denied. Motion to find attorney for plaintiff in direct contempt of the court summarily is denied.
Note: This was a clear confusion of orders and authority and possibly of jurisdiction.
Change of venue and execution is often confused. Entry of Clerks minutes can be misinterpreted, innocently.
Note: This case was dismissed without prejudice, transfer fees of $50.00 for making up the transcript of referral and the San Diego filing check of $320.00 was returned to sender on 12/06 by Clerk in letter of 12/6/2007 after Judge Watson dismissed the entire case in Orange County without prejudice. This is not contemptuous, only a ministerial mistake.
Records of the Court show the above. No need to make corrections further as case has been dismissed to allow filing in San Diego County.
All further proceedings should be taken in San Diego County. |
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8. |
2007-00028395 Safeway Insurance Company vs. Moreles
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Motion to Set Aside/Vacate Default and Judgment Granted. Non service. Non response to Defense Attorney Inquiry. Defendant to give notice. |
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2008-00079532 Trujillo vs. Cruz |
Motion for Summary Judgment and/or Adjudication Granted. Clerk to prepare judgment and serve on parties by mail.
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