Civil Bench Warrant - Failure to Comply

Useful Rulings on Civil Bench Warrant - Failure to Comply

Recent Rulings on Civil Bench Warrant - Failure to Comply

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RE: STATUS RE: PET'N LETTERS OF ADMIN WITH AUTH TO ADMIN UNDER IAEA

FILED ON 12/13/18 BY ROBERTA BOWEN PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need appearances

  • Hearing

    Aug 13, 2020

  • Judge

    Fenstermacher

  • County

    Contra Costa County, CA

PUBLIC ADMINISTRATOR RE: 1ST & FINAL ACCT &RPT OF PUBLIC ADMNTR & FNL

DIST FILED ON 07/02/20BY PUBLIC ADMINISTRATOR PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need: 1. Declaration to state when action under IAEA (with Notice of Proposed Action) was taken, when and to whom notice was given, whether notice was waived by anyone and whether any objections were received. CRC § 7.250 2. Proposed order Note: Guardian of the estate needs to be appointed for heir who is minor MILAN ROSE ARDOIN PUBLIC ADMINISTRATOR SHARON L.

  • Hearing

    Aug 13, 2020

  • Judge

    Fenstermacher

  • County

    Contra Costa County, CA

RE: PET’N TO COMPEL TO LEONARD G. TOWLE TO ACCT AND REPORT FOR HIS

STERN GEORGE LEE MEREDITH SHAWN MEREDITH VERLEANA D GREEN PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need: Revised Spousal Property Order that includes Attachment 5.a. and 7.a. Note: The court can only confirm ½ interest in community property as belonging to the surviving spouse and determine ½ interest as passing to the surviving spouse. HELEN S SPINNER AARON R FELDMAN JOHN CLARK ANSLEY

  • Hearing

    Aug 13, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

PROBATE COURT TRIAL RE: PET'N FOR ORDERS APPROVING & SETTLNG 1ST

ACCT FILED ON 06/04/18 PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need appearances

  • Hearing

    Aug 13, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

RE: STATUS CONF RE: PET'N FOR APPROVAL OF ACCOUNTS OF TRUSTEE

ROGERS PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE See 8.A above PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need: 1. Petition verified by Personal Representative. Attorney has no authority to verify on behalf of a fiduciary. PrC §§ 1021, 1023; CCP § 2015.5. CRC § 7.103 2. Verified declaration by petitioner to clarify statement in paragraph 4 “except for the disputed creditor or the creditor has file a claim or demanded payment.” 3.

  • Hearing

    Aug 13, 2020

  • Judge

    Fenstermacher

  • County

    Contra Costa County, CA

RE: PET'N FOR INSTRUCTIONS RELATIVE TO THE TRUST DATED 03/27/1991

FILED ON 11/21/19 BY LLOYD K MASUKAWA PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need: 1. Appearances 2. Proposed Order PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need: 1. Appearances 2. Waivers of bond, or bond in the amount of $20,000 if 16.B below not granted 3. Proposed order CALIFORNIA PUBLIC EMPLOYEES RE HARRY ADAMS JOHN VINCENT DI ANA JAMES BIRDEN MATTEW J DUNCAN JPMORGAN CHASE, N.A. MARGARET J. BIRDEN PATELCO CREDIT UNION SHELIA A.

  • Hearing

    Aug 13, 2020

  • Judge

    Fenstermacher

  • County

    Contra Costa County, CA

ESTATE OF ELLIOT VINCENT INGRAM

INGRAM PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Petition Approved Proposed Order Submitted No Appearance Required ELLIOTT VINCENT INGRAM VINCENT B. INGRAM JANE K PENHALIGEN PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need appearances BYPASS TRUST UNDER THE BARKER CHARLES BARKER III ARTHUR C. CHAMBERS CHRISTINE M O'CONNELL MICHAEL J.

  • Hearing

    Aug 13, 2020

  • Judge

    Fenstermacher

  • County

    Contra Costa County, CA

ESTATE OF EDILBERTO B TALAVERA

RE: PET’N FOR LETTERS OF ADMINISTRATION FILED ON 02/20/20 BY MARY ANGELINE TALAVERA PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need: 1. Verified declaration by petitioner to address unmarked box 5.a (3) and (4) and 5.a (7) and (8), as to whether decedent was survived by a registered domestic partner and issue of a predeceased child.

  • Hearing

    Aug 13, 2020

  • Judge

    Fenstermacher

  • County

    Contra Costa County, CA

PETITION OF GIOVAANA YALITZA VELAZQUEZ MOLINA

CRYSTAL DIANE BURNETT JERRY DWAYNE GORMAN JR KIMBERLEY GOMEZ SHARON ELLIOT FILED ON 02/14/20 BY JACQUELINE COULTER-PEEBLES PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need: 1. Appearances 2. Verified declaration by petitioner to state names, current addresses and relationships of all persons entitled to receive notice. LR 7.112 3. Proof of mailing Judicial Council Form Notice of Hearing to all persons entitled to receive notice 4. Proposed Order Notes: 1.

  • Hearing

    Aug 13, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

ESTATE OF MARGARET BIRDEN

RE: SPOUSAL PROPERTY PETITION FILED ON 02/10/20 BY JAMES BIRDEN PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need appearances Previous objection of Harry Adams made in open court withdrawn PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need: 1. Lodge Original Will (w/legal process). PrC § 8200 JAMES LEE SUDWEEKS LAURA SUDWEEKS MONA NIA

  • Hearing

    Aug 13, 2020

  • Judge

    Fenstermacher

  • County

    Contra Costa County, CA

MATTER OF DAN M. SIKES LIVING TRUST

Verified declaration by petitioner to state names, current addresses and relationships of all persons entitled to receive notice. LR 7.112 3. Proof of mailing to all persons entitled to receive notice. PrC §17203 ELIZABETH SOLOWAY OLIVER W. BRAY JOHN L. NEWMAN AND VELMA L. NE LINDA SAYYAD STEPHEN M. SIROTA YVONNE McDANIEL JOHN A HARTOG PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need: 1. Appearances 2.

  • Hearing

    Aug 13, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

RE: PET’N FOR LETTERS OF ADMINISTRATION, NO WILL, IAEA

FILED ON 07/15/20 BY GUILLAUME BELLANGER PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Guillaume Bellanger, son, cannot petition on someone else’s behalf unless he is an attorney licensed to practice in California. Marshall Rosenberg would be the proper person to petition to act as administrator. If this matter were to continue, the court would need the following: 1. Appear at the hearing 2. Provide Proof of Publication. PrC § 8120 3. Proof of mailing to the French Consulate.

  • Hearing

    Aug 13, 2020

  • Judge

    Fenstermacher

  • County

    Contra Costa County, CA

LINDA TAYLOR VS CRAIG BOYD PAINTER

The Court requests Plaintiff make arrangements to appear at the 11/13/20 OSC remotely. Plaintiff is to give notice.

  • Hearing

    Aug 13, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ABBAS KAMRAN SOURESRAFIL, ET AL. VS DENNIS ALONSO, ET AL.

Defendant failed to appear for deposition. Accordingly, the motion to compel deposition is granted. Plaintiffs seek sanctions in connection with the motions. The Court concludes that Defendant’s failure to respond to the discovery is an abuse of the discovery process. The Court is satisfied that Defendant, rather than Defendant’s counsel, is responsible for this failure.

  • Hearing

    Aug 13, 2020

JANE DOE VS HONGMIN ZHAO, ET AL.

Defendants request that the Court: (1) dismiss Plaintiff’s complaint for failure to obey a discovery order pursuant to the stipulation; (2) impose a contempt sanction for failure to comply with a court order; or (3) issue monetary sanctions against Plaintiff in the amount of $5,437.50. Defendants’ motion is unopposed. Defendants assert that they have met and conferred in good faith to resolve this issue without success.

  • Hearing

    Aug 13, 2020

  • Type

    Employment

  • Sub Type

    Discrimination/Harass

SHANE ROBERT DUCLOS V. ANIL CHANDULAR PANCHAL

To date, Plaintiff has not responded to the RFAs. (Louro Decl., ¶ 5.) Thus, Defendant moves for an order deeming the truth of the matters specified in the RFAs as admitted. (Code Civ. Proc., § 2033.280(b).) Where a party to whom requests for admission are directed fails to serve a timely response, the propounding party may move for an order that the truth of any matters specified in the requests is admitted. (Code Civ. Proc., § 2033.280(b).)

  • Hearing

    Aug 13, 2020

JOSE LANDEROS CEJA, ET AL. VS WESTMED AMBULANCE, INC., ET AL.

In this case, Plaintiffs allege that Defendant’s employees did not strap Decedent onto the gurney prior to transport, and as a result, she fell to the ground and died as a result of her injuries. The Court cannot find that these allegations are not, as a matter of law, an extreme departure from the ordinary standard of care. Indeed, a trier of fact may conclude that the failure to secure a patient to the gurney prior to transport is gross negligence. Therefore, the demurrer is overruled.

  • Hearing

    Aug 13, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ADOLFO CASILLAS, AN INDIVIDUAL VS TIMM REESE, AN INDIVIDUAL, ET AL.

The ruling is without prejudice to Reese’s right to move to compel the deposition in the future, so long as Reese includes a proper meet and confer declaration. Moving Defendant is ordered to give notice. Parties who intend to submit on this tentative must send an email to the court at [email protected] indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.

  • Hearing

    Aug 13, 2020

JANE DOE VS UNIVERSITY OF SOUTHERN CALIFORNIA ET AL

An employee's posttermination failure to exhaust administrative remedies has no bearing on whether the termination violated the public policy expressed through the statutory prohibition against age discrimination, and thus the employee's posttermination administrative default does not preclude assertion of a nonstatutory tort claim for wrongful termination in violation of public policy.” (Id. at 905.)

  • Hearing

    Aug 13, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

ESCOBEDO V. HERRERA

The motion of attorney Edwin Hong and The Simon Law Group, LLP, to be relieved as attorneys of record for the plaintiff, Alfredo Escobedo, is GRANTED. (Cal. Rules of Court, rule 3.1362.) The request of plaintiff’s counsel to “stay of all proceedings pending Plaintiff’s acquisition of new counsel” (see Paragraph 7 of counsel’s declaration in support of the motion) is DENIED. The court will sign the proposed order lodged with the court, and the movants are ORDERED to serve the signed order forthwith.

  • Hearing

    Aug 13, 2020

JAMES DOMINIC FRAIN, ET AL. VS JESSICA ALEXANDER CULOTTI, ET AL.

Petitioner is ordered to give notice of this ruling. The parties are directed to the header of this tentative ruling for further instructions.

  • Hearing

    Aug 13, 2020

STEED VS. KHALILI

For fraudulent concealment to be actionable, defendant must have been under a duty to disclose the facts to plaintiff. (E.g., Stevens v. Sup.Ct. (St. Francis Med. Ctr.) (1986) 180 Cal.App.3d 605, 609-610,—hospital had duty to disclose lack of required supervision and qualification of medical staff to patient and failure to do so was actionable.)

  • Hearing

    Aug 13, 2020

FALERIOS V. FALERIOS

TENTATIVE RULING On May 2, 2019, Keith Falerios (Plaintiff) filed this complaint against Austin Falerios (Defendant) to enforce a verbal contract between the parties pertaining to Defendant’s failure to pay student loans under Plaintiff’s name. Defendant is currently serving in the United States Military and was personally served the complaint and corresponding declaration on June 12, 2019 at Fort Jackson, South Carolina.

  • Hearing

    Aug 13, 2020

PATRICIA ANTUNA VS NISSAN NORTH AMERICA, INC.

Motion to Strike Defendant moves to strike various allegations in plaintiff’s complaint which provide context for plaintiff’s claim and alludes to vehicles other than plaintiff’s vehicle. As to these allegations, the motion is denied because such background information is not improper and is pertinent to defendant’s knowledge of the defect in plaintiff’s vehicle. Defendant also moves to strike punitive damages from plaintiff’s complaint.

  • Hearing

    Aug 13, 2020

ON DECK CAPITAL, INC. VS CREATIVE IMAGE LABORATORY LLC, A LIMITED LIABILITY COMPANY, ET AL.

(“Plaintiff”) alleges that Plaintiff’s assignor, Celtic Bank (“Bank”), entered into a Business Loan Agreement with Defendants Creative Image Laboratory LLC dba Creative Image Dental Laboratory (“Lab”), wherein Bank loaned monies to Lab in exchange for Lab’s agreement to repay same. Plaintiff alleges that Defendant Ashkan A. Afghan (“Afghan”) guaranteed the loan. Plaintiff alleges that Lab and Afghan have defaulted in making payments due.

  • Hearing

    Aug 13, 2020

  • Type

    Collections

  • Sub Type

    Promisory Note

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