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in Monroe County
Case
DEWAYNE DOLLARHIDE V ERIC GORDON
Jul 19, 2024 |
HON. MACKIE M. PIERCE - 17TH DIVISION 6TH CIRCUIT |
MALPRACTICE-MEDICAL |
MALPRACTICE-MEDICAL |
60CV-24-6096
Ruling
JOHN DOE M.C., an individual vs Santa Cruz City Schools, et al
Jul 26, 2024 |
22CV02837
22CV02837
JOHN DOE M.C. v. SANTA CRUZ CITY SCHOOLS, et al.
SANTA CRUZ CITY SCHOOL’S MOTION FOR STAY
The motion is denied.
“Trial courts generally have the inherent power to stay proceedings in the interests of
justice and to promote judicial efficiency.” (Freiberg v. City of Mission Viejo (1995) 33
Cal.App.4th 1484, 1489; see also Cottle v. Superior Court (1992) 3 Cal.App.4th 1367, 1376-79;
CCP § 128(a)(3) [“Every court shall have the power to do all of the following: To provide for the
orderly conduct of proceedings before it, or its officers.”].) A trial court’s ruling on a request for
stay is reviewed for abuse of discretion. (People ex rel. Allstate Ins. Co. v. Suh (2019) 37
Cal.App.5th 253, 257; People ex rel. Harris v. Rizzo (2013) 214 Cal.App.4th 921, 951; Bains v.
Moores (2009) 172 Cal.App.4th 445, 480.)
While there are three cases on appeal, there will be no imminent appellate clarity on the
AB 218 constitutionality issue. The cases are in the briefing and argument stages and will not
likely provide any resolution on this issue within the next six months. The parties’ arguments as
to irreparable injury and prejudice tip the scale in favor of plaintiff – he already has an uphill
battle at trial due to the fact these acts occurred in the 1980’s; any further delay could result in
significant evidentiary issues affecting proof at trial.
Defendant SCCS’s Request for Judicial Notice:
Exhibits A, T: Order on demurrer, first amended complaint in this case: Denied; the court
need not take judicial notice of its own court records.
Exhibits B through S, U through Z, A1-A4: Various orders, notices of appeal and
appellate dockets for other superior court cases: Denied. Trial court orders have no precedential
value. (Bolanos v. Sup. Ct. (2008) 169 Cal.App.4th 744, 761.)
Plaintiff’s Request for Judicial Notice:
Exhibits 1-19: Various orders, notices of appeal and appellate dockets for other superior
court cases: Denied. Trial court orders have no precedential value. (Bolanos v. Sup. Ct., supra,
169 Cal.App.4th at 761.)
Page 1 of 2
Objections to Requests for Judicial Notice:
Since the court has denied each party’s RJN, it need not rule on the parties’ objections.
Notice to prevailing parties: Local Rule 2.10.01 requires you to submit a proposed formal order
incorporating, verbatim, the language of any tentative ruling – or attaching and incorporating the
tentative by reference - or an order consistent with the announced ruling of the Court, in
accordance with California Rule of Court 3.1312. Such proposed order is required even if the
prevailing party submitted a proposed order prior to the hearing (unless the tentative is
simply to “grant”). Failure to comply with Local Rule 2.10.01 may result in the imposition of
sanctions following an order to show cause hearing, if a proposed order is not timely filed.
Page 2 of 2
Ruling
ADOLFO CONTRERAS, ET AL. VS KEVIN DAWON KELLY, ET AL.
Jul 25, 2024 |
24STCV04099
Case Number:
24STCV04099
Hearing Date:
July 25, 2024
Dept:
19
After consideration of the briefing and evidence filed, the Court GRANTS Tamer B. Botross Application for Pro Hac Vice Application to Appear as Counsel for
Malco Enterprises of Nevada, Inc., d/b/a Budget Car And Truck Rental Of Las Vegas.
The Court finds compliance with the requirement in California Rules of Court, rule 9.40.
The Court signs the proposed order filed on June 14, 2024.
Counsel for Defendant Malco Enterprises of Nevada, Inc., d/b/a Budget Car And Truck Rental Of Las Vegas (erroneously named Budget Rent A Car System, Inc.) to give notice.
Ruling
Edwards vs. Tyrrell Resources, Inc., et al.
Jul 23, 2024 |
23CV-0202609
EDWARDS VS. TYRRELL RESOURCES, INC., ET AL.
Case Number: 23CV-0202609
This matter is on calendar for review regarding status of the case. The matter is at issue. The Court designates
this matter as a Plan II case and intends on setting it for trial no later than December 17, 2024. Defendants have
posted jury fees. Plaintiff has not. Plaintiff is granted ten days leave in which to post jury fees. A failure to post
jury fees in that time will be deemed a waiver of the right to a jury. The parties are ordered to meet and confer
prior to the hearing regarding proposed dates for trial. An appearance is necessary on today’s calendar.
Ruling
Avella, Elizabeth M. vs. Mindscape Fermentations LLC
Aug 05, 2024 |
S-CV-0052547
S-CV-0052547 Avella, Elizabeth M. vs. Mindscape Fermentations LLC
NOTE: No party has paid advance jury fees pursuant to CCP § 631.
Trial Date & Length: 11/10/25 7 day Jury Trial
(Please contact Master Calendar (916) 408-6061 on the business day
prior to the scheduled trial date to find courtroom availability.)
Civil Trial Conference: 10/31/25
(heard at 8:30 am in Dept. 3)
Mandatory Settlement Conference: 10/24/25
(heard at 8:30am; report to Jury Services)
NO APPEARANCE REQUIRED UNLESS REQUESTED BY PARTY BY 3PM ON
THE THURSDAY PRIOR TO HEARING DATE. REQUESTS FOR
APPEARANCE MUST BE FAXED TO THE CIVIL DEPARTMENT, ATTN: CMC
CLERK AT (916) 408-6275, AND TO ALL OPPOSING ATTORNEYS AND
PARTIES WITHOUT ATTORNEYS BY 3:00 PM THE THURSDAY PRIOR TO
THE CASE MANAGEMENT DATE. SEE LOCAL RULE 20.1.7.
Per Local Rule 20.1.7 D. If a party or attorney has a conflict with future hearing
dates set in the Case Management Conference calendar notes, or opposes the
future dates set in the Case Management Conference calendar notes, the party or
attorney must appear at the Case Management Conference. That attorney or party
must provide at least 7 days’ notice to all other parties in the case of their intent
to appear at the Case Management Conference. [Effective 1/1/19]
08/05/2024 CMC
in Dept. 6 at 3 PM
Calendar Notes
Ruling
Rachel Perez, et al. vs Abdul Khattak, et al.
Jul 24, 2024 |
23CV-00483
23CV-00483 Rachael Perez, et al. v. Abdul Khattak, et al.
Case Management Conference
Appearance required. Remote appearances are permitted. Parties who wish to appear
remotely must contact the clerk of the court at (209) 725-4111 to arrange for a remote
appearance. Appear to address the status of mediation.
Ruling
Austin Baker vs Future Motion, Inc.
Jul 24, 2024 |
23CV01706
23CV01706
BAKER v. FUTURE MOTION
(UNOPPOSED) PLAINTIFF BAKER’S MOTION TO APPOINT SUCCESSOR IN
INTEREST
The unopposed motion is granted. Brittany Baker, plaintiff’s surviving spouse, is
appointed plaintiff’s successor in interest in this action.
Notice to prevailing parties: Local Rule 2.10.01 requires you to submit a proposed formal order
incorporating, verbatim, the language of any tentative ruling – or attaching and incorporating the
tentative by reference - or an order consistent with the announced ruling of the Court, in
accordance with California Rule of Court 3.1312. Such proposed order is required even if the
prevailing party submitted a proposed order prior to the hearing (unless the tentative is
simply to “grant”). Failure to comply with Local Rule 2.10.01 may result in the imposition of
sanctions following an order to show cause hearing, if a proposed order is not timely filed.
Ruling
FCS057491 - MILBOURN, JAMES V. COMCAST CORP, et al (DMS)
Jul 23, 2024 |
FCS057491
FCS057491
Motion by Plaintiff to Consolidate
TENTATIVE RULING
As acknowledged in both oppositions filed to this motion, both of which quoted the
statute, C.C.P. §403 authorizes a judge to order a case from another court to be
transferred to that judge’s court for coordination and consolidation for trial.
Once cases are in the same court, that court has discretion under C.C.P. §1048 to
consolidate them, for all purposes, or for limited purposes, either for pre-trial only, or
trial only.
Among the factors the court should consider on a consolidation motion are timeliness
of the motion, whether consolidation would cause juror confusion, and whether
consolidation would cause any party prejudice. Edmon & Karnow (Weil & Brown), Civil
Procedure Before Trial, §12:362, p. 12(I)-70.
While this motion is far from timely, no trial has yet been set in either case, and
therefore no discovery completion deadlines have passed.
Furthermore, if trial is not consolidated, there is a significant risk of inconsistent trier of
fact findings on the common issue of proportionate liability when the same plaintiff is
alleging similar injuries from different motor vehicle accidents occurring three months
apart.
Ruling
Seleena Bega vs Jose Corona, et al.
Jul 26, 2024 |
23CV-02260
23CV-02260 Seleena Bega v. Jose Corona, et al.
Order to Show Cause re: Sanctions
Appearance required. Parties who wish to appear remotely must contact the clerk of the
court at (209) 725-4111 to seek permission and arrange for a remote appearance. Appear
to address Plaintiff’s failure to appear at the December 11, 2023, and June 24, 2024, Case
Management Conferences, why there is no service of the complaint and summons on the
defendants, and whether Plaintiff should be ordered to pay a monetary sanction of $100
for her failures to appear. Failure to appear will result in the Court setting the case for an
OSC re: Dismissal as the record indicates a failure to prosecute and diligently prosecute
the case.