Superior Court of the State of California

County of Orange

 

DEPT C14 TENTATIVE RULINGS

 

Judge Robert J. Moss

 

The court will hear oral argument on all matters at the time noticed for the hearing.  If you would prefer to submit the matter on your papers without oral argument, please advise the clerk by calling (657) 622-5214.  If no appearance is made by either party, the tentative ruling will be the final ruling.  Tentative Rulings are normally posted on the Internet by 4:00 p.m. on the day before the hearing. 

 

 

COURT REPORTERS WILL NOT BE PROVIDED BY THE COURT IN THIS DEPARTMENT FOR ANY HEARINGS, INCLUDING, BUT NOT LIMITED TO, TRIALS.  IF A PARTY DESIRES A RECORD OF ANY PROCEEDING IT WILL BE THE PARTIES’ RESPONSIBILITY TO PROVIDE THEIR OWN COURT REPORTER.  PARTIES MUST COMPLY WITH THE COURT’S POLICY ON THE USE OF PRO TEMPORE COURT REPORTERS WHICH CAN BE FOUND ON THE COURT’S WEBSITE AT:  http://www.occourts.org/media/pdf/7-25-2014_Privately_Retained_Court_Reporter_Policy.pdf

 

 

Date: November 9, 2018

 

 

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 1.

Cadles of Grassy Meadows II, LLC v Parrado

 

2009-00119090

[Continued to 11/16/18.]

 2.

 

Paccar Financial v Tran

 

2009-00122615

 

[Off calendar.]

 3.

McCarrell vs. McCarrell

 

 

30-2013-00639176-CU-OR-CJC

 

OSC re appointment of receiver to sell property.  OSC discharged based on successful sale of property.

 

The court sets an OSC re: Disposition of Proceeds of Sale of Property for hearing on 1/16/19 at 9:00 AM in this department.

 

Based upon the late filing of the Gregg McCarrell declaration on 09/05/18, the court was unable to fully consider the same in issuing its 09/07/18 Order. The 09/05/18 declaration is deficient in that it lacked:

 

(i)       Supporting evidence as to income, such as leases and account statements reflecting all income derived from the property;

 

(ii)      Specific facts as to why the property was not immediately sold as ordered in the court’s judgment. This shall include evidence of the physical condition of the property at the time the plaintiff received possession thereof, and any citations or notices from the City or County as to conditions existing upon the property; and

 

(iii)     Specific facts as to all costs incurred by plaintiff for repairs to and maintenance of the property from the time the plaintiff received possession through the close of the purchase and sale escrow. This shall include evidence of all repair costs, such as invoices and other billing statements.

 

Defendant may present evidence in opposition contesting such additional evidence.

 

Plaintiff to file and serve an amended declaration and points and authorities not less than 20 court days before the OSC hearing date. Opposition and reply per the Code.

 

Plaintiff to give notice.

 

 

 

 4.

Claim of Collins

 

 

30-2018-00978354-CU-AF-CJC

 

People’s motion for terminating sanctions.  No opposition.  Motion granted.  Moving party to give notice.

 5.

Oregon Mutual v Red-White Valve Corp

 

2018-00991847

 

Judgment debtor’s motion to set aside sister state judgment.  Motion continued to 12/7/18 at 9:00 AM in this department.

 

Plaintiff shall file and serve a supplemental memorandum addressing the validity of the service of the Notice of Entry of Sister State Judgment filed with this court on May 11, 2018.  The supplemental brief shall be filed ten (10) days prior to the new hearing date.  Defendant shall, if it desires, file a supplemental brief addressing the arguments raised by plaintiff no later than seven (7) days prior to the continued hearing date. 

 

Plaintiff to give notice. 

 

 6.

In RE: Shannon Berry

 

30-2018-01024036-CU-PT-CJC

 

 

Petition for approval of transfer of structured settlement payments.  Hearing continued to 12/14/18 at 9:00 AM in this department.

 

The original notice of hearing does not state the correct hearing date, and the corrected notice of hearing was not timely served. (See Ins. Code, §§ 10139.5, subd. (f)(2) & (f)(2)(K), 10139.2.)

 

Also, the proofs of service to the original petition papers and corrected notice of hearing list an address for the annuity obligor and annuity issuer that does not appear anywhere in the documents submitted in support of the petition, and, in fact, appears to conflict with those addresses listed in the annuity documents/correspondence. (See, e.g., Gaviria Decl. at Exh. A, pp. 2, 5; id. at Exh. B, p. 1; id. at Exh. C, p. 4.) 

 

Petitioner is ordered to properly serve the annuity obligor and annuity issuer with the petition papers, and all interested parties with notice of the continued hearing date, within five calendar days of the date of this order. 

 

 7.

NICHOLAS VS DI BERARDINO

 

 

07CC05647

 

Judgment creditor CVCS’s motion for reconsideration.  No opposition.  Motion granted.  The underlying motion for leave to renew judgment is granted.  Moving party to give notice.

 8.

Martinez vs. Interinsurance Exchange of the Automobile Club

 

 

30-2018-01023093-CU-PT-CJC

 

Petition to compel arbitration and for sanctions.  Petition granted in part, conditionally, and denied in part.

 

The petition to compel arbitration is granted on the condition that at or before the hearing petitioner establishes proper service of the petition with a valid proof of service and files copies of Exhibits A, B, and C referenced in the petition, but not attached.  C.C.P. § 1290.4(a) provides that a petition shall be served in a manner set forth in the arbitration agreement. There is no evidence of the arbitration agreement on file with this court. C.C.P. § 1290.4(b) provides that, if the arbitration does not provide for a method of service of such petition, as to an entity in this state the petition is to be served by a method for service of summons.

 

If petitioner does not comply with this condition, the motion will be continued to 1/18/19 at 9:00 AM in this department so that proper service and the filing of the exhibits can be accomplished.

 

The request for sanctions is denied.  Petitioner has failed to comply with the safe harbor requirement and the separate motion requirement. See, C.C.P. § 128.5(f).

 

Petitioner shall give notice.                

 

 9.

 

UNITED STUDIOS OF SELF DEFENSE, INC. vs. Brookman

 

 

30-2014-00741910-CU-BC-CJC

 

Plaintiff’s motion to enter judgment pursuant to settlement agreement.  No opposition.  Motion granted.

 

Judgment is entered in the total amount of $37,433.31 which consists of the balance owed of $35,333.31 + $2,100.00 in attorney fees incurred in connection with the filing and hearing of this motion.

 

Moving party to give notice.

 

10.

Reynolds vs. James River Insurance

 

 

30-2018-01022886-CU-PT-CJC

 

Petition to compel arbitration, appoint arbitrator, and for sanctions.  Petition continued in part and denied in part.

 

The petition to compel arbitration and appoint arbitrator is continued to 1/18/19 at 9:00 AM in this department. 

 

Petitioner has not established proper service of its petition. C.C.P. § 1290.4(a) provides that a petition shall be served in a manner set forth in the arbitration agreement. There is no evidence of the arbitration agreement on file with this court. C.C.P. § 1290.4(b) provides that, if the arbitration does not provide for a method of service of such petition, as to an entity in this state the petition is to be served by a method for service of summons. As to an out of state entity, service of the petition can be by certified mail. See, C.C.P. § 1290.4(b)(2). According to the demand for arbitration, respondent James River Insurance is located in Virginia. The proof of service of the petition on attorney John W. Connell does not establish proper proof of this petition to compel arbitration and appoint arbitrator.

 

Additionally, there is no proof of service showing respondent was given notice of today’s continued hearing date.

 

The request for sanctions is denied.  Petitioner has failed to comply with the safe harbor requirement and the separate motion requirement. See, C.C.P. § 128.5(f).

 

Petitioner to give notice.

 

 

11.

Vetter vs. Izhakpor

 

 

30-2018-00995199-CU-PT-CJC

 

Plaintiff/judgment creditor’s motion for earnings withholding order against judgment debtor’s spouse (Khouloud Bustami) and for a lien on property owned by Khouloud Bustami.  No opposition.  Motion granted in part and denied in part.

 

The motion for an earnings withholding order is granted.

 

The motion for a lien on Khouloud Bustami’s property is denied.  Moving party cites no authority supporting this request.

 

Moving party to give notice.

 

12.

Albert v Spitzer

 

2018-01003287

 

[Continued to 12/7/18.]

13.

In Re: PM Company LLC

 

 

30-2018-01017275-CU-PP-CJC

 

Petition for order reinstating active LLC status.  No opposition.  Petition granted.  Moving party to give notice.

14.

Petition of Garrett

 

 

30-2018-01017680-CU-PT-CJC

 

Petition to have San Clemente Times established as a newspaper of general circulation.  No opposition.  Petition granted. 

15.

In Re: Weiss

 

 

30-2018-01018958-CU-PT-CJC

 

Petition for approval of transfer of structured settlement payments.  No opposition.  Petition granted.  Moving party to give notice.

16.

City of La Habra vs. Reyes

 

 

30-2016-00889237-CU-PT-CJC

 

Receiver’s motion to approve and confirm sale of subject property.  Motion granted.

 

See, C.C.P. § 568.5. The order appointing receiver provided the receiver with a first priority lien superior to any existing liens and encumbrances. (See, Order Following Appointment of Receiver, ¶ 3 (G). Also, the receiver’s liens are entitled to priority and attorney’s fees, pursuant to Health & Safety Code § 17980.7, are entitled to the same priority as the receiver’s lien. (See, Order Following Appointment of Receiver, ¶ 3 (H) and (M).) Respondent U.S. Bank is not being left in the position of an unsecured creditor. Next, respondent U.S. Bank has not established the appointment of a receiver was in violation of any bankruptcy stay. See, 11 U.S.C. § 362(b)(4). Receiver to give notice. 

 

Respondent U.S. Bank as Trustee’s Request for Judicial Notice: Request granted.

 

Moving party to give notice.

 

 

17.

In Re: Melissa Colmenares

 

 

30-2018-01019205-CU-PT-CJC

 

Petition for approval of transfer of structured settlement payments.  Petition dismissed.  Payee has declined to go forward with transfer.  Moving party to give notice.

18.