DEPARTMENT L65
LAW AND MOTION TENTATIVE RULINGS
Honorable Franz E. Miller, Presiding
LAW AND MOTION CALENDARS
Law and Motion calendars are heard Friday mornings at 8:30 a.m.
TENTATIVE RULINGS:
Tentative rulings will be posted on the internet, usually by 1:30 p.m. the Thursday before the scheduled Friday hearing. If an attorney does not have access to internet service for any reason, he or she may contact Dept. L65 at (657) 622-5565 for the tentative ruling.
PLEASE DO NOT CALL THE COURT IF NO TENTATIVES ARE POSTED – THE ANSWER WILL ALWAYS BE “THEY ARE NOT READY YET.” A tentative ruling of “Pending” means the tentative ruling is not ready yet.
PLEASE DO NOT CALL THE CLERK OR COURT ATTENDANT TO ASK WHAT A TENTATIVE RULING MEANS. They are not able to give that information. Moreover, “tentative” means just that: It is subject to change after the court hears argument.
GIVING NOTICE AND/OR PREPARING ORDERS/JUDGMENTS AFTER THE COURT RULES:
The prevailing party shall give notice of the final ruling to each party, unless notice is waived by all parties. The prevailing party shall prepare an order/judgment for the court’s signature if the ruling disposes of a party or the case.
APPEARANCES:
If all parties wish to submit on the tentative ruling and call our clerk to notify the court, no appearance will be necessary and the tentative will become the final ruling. If no one appears at the hearing and the court has not been notified all parties submit on the tentative ruling, the matter may go off calendar.
ORAL ARGUMENT:
All requests for oral argument will be granted. Oral argument will be heard at the time scheduled for the motion. No new issues may be raised at oral argument, but the attorneys should not merely regurgitate their points and authorities.
No case law or other authority may be cited at oral argument unless: (1) the citing party reasonably did not believe it was pertinent at the time the party filed its briefs; and (2) the party has given reasonable notice of the new authority, including citation, to all other parties before the hearing.
Motions
generally will not be continued after the tentative has been posted.
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# |
Case Name |
Motion |
Tentative |
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1 |
Bustamante/Horn |
W/draw as Bustamante’s atty by atty Dell |
Grant
Reasoning: No oppo; good cause, all reqrmts met |
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2 |
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3 |
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4 |
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5 |
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6 |
Ferguson |
Compel prod of docs by petr W |
Deny
Reasoning: Mo moot, as docs have been produce; good cause to deny sancs; inquire re basis for gen atty fees of $25K – is it under 2030? |
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7 |
Keel |
Set aside order by resp W |
Deny
Reasoning: MP’s arg she failed to timely file opposition to the F&OAH filed on 11-13-18 did not result in a dismissal or a default order, which appears to be the thrust of CCP §473(b)—attorney fault |
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8 |
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9 |
Vu/Damasco-Vu |
1) Enforce order/jmt re sale of res by petr H 2) Set aside jmt by resp W |
1) Grant
Reasoning: Valid reqst under terms of the jmt re disposing of res
2) Deny
Reasoning: |
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10 |
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11 |
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12 |
Pioch |
Compel depo by petr H |
Grant protective order; do discovery, if nec, to confirm/determine extent of disability; hold depo
Reasoning: Res ispsa loquitur |
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13 |
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14 |
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