Mendocino County Superior Courts Tentative Rulings

Parties to appear. ...

LLC): Parties to appear. ...

Approve Petition for Final Distribution and sign Order as presented. Civil: ...

Approve Petition for Probate. Richard Thomas is appointed Probate Referee. No bond required. Court will sign Order, counsel to submit Letters. ...

Approve Petition for Final Distribution and sign Order as presented. ...

Approve Petition for Modification of Trust. Trustee to submit Order. ...

1. Respondent’s Motion to Strike and/or Tax Costs is denied. Respondent has failed to provide any support legal or otherwise as to why the objected costs are not allowable. The costs requested are permissible costs and the court has discretion to allow recovery. The court finds the requested costs are reasonable and were necessarily incurred in thi...

Defendants’ Demurrer to the Complaint is sustained with leave to amend. The court agrees with Defendants that the complaint is boilerplate and lacks sufficient facts to support the overtime, rest period and derivative claims. Plaintiff alleges in his opposition that he can provide sufficient facts and requests an opportunity to amend. The amended c...

County Defendants’ Demurrer to the entirety of the Complaint is sustained without leave to amend. Plaintiff has failed to comply with the Government Claims Act by failing to file a claim for money or damages within the statutory time frame. (Government Code §905; 946.4).The demurrer is also sustained on the grounds that Plaintiff has failed to stat...

Approve Petition for Probate and sign Order as presented. ...

Currency (Brown): Motion To Have Requests for Party Admissions Deemed Admitted is denied. Defendant’s request is directed to a non-party to the action. Although the body of the request does identify the Plaintiff as the responding party the requests are specifically directed to a non-party which is not permissible. The court did not consider the ...

Approve Petition for Probate and sign Order as presented. Civil: ...

Plaintiff’s Special Motion to Strike portions of and/or the entirety of the First Cause of Action of the Cross- Complaint pursuant to CCP§ 425.16 is denied. Prior to the filing of this motion Cross-Complainants dismissed the First Cause of Action for Slander of Title. The motion addressed only the First Cause of Action for slander of title and no o...

The Demurrer of Defendants Fathom Realty Group, Inc, and Steve Christian to the complaint is sustained with leave to amend only as to the 1st ,9th and 11th causes of action. Plaintiff concedes that the Demurrer to the 2nd , 3rd , and 10th causes of action are no longer at issue. Plaintiff has failed to allege facts to establish that...

Parties to appear. Civil: ...

Approve Petition for Probate and sign Order as presented. ...

Despite the fact that Defendant did not oppose the motion and will be unable to orally argue any opposition, his counsel has requested a continuance based on the fact he is in trial in a criminal matter. The court will continue the matter to April 5, 2019 at 9:30 am....

The demurrer to the second amended complaint is sustained without leave to amend. Plaintiff alleges he suffered injuries as a result of an explosion from a small cannon that had been loaded with homemade explosives and set off in order to celebrate Plaintiff’s 18th birthday. The cannon was owned by one of the tenants (Defendants Nielson) who resi...

Motion vacated. Case management conference remains on calendar at 9:30 am in Department E. ...

Defendant has posted jury fees. This matter will be tried by jury on April 15, 2019 at 9:00 am in Department E. ...

Governments: Matter continued to May 17, 2019 at 9:30 am in Department E. ...

OSC is vacated. Motion to consolidate is scheduled for March 22, 2019 at 9:30 in Department E. ...

Motion to Amend Judgment is granted. Court will sign proposed Order. ...

Motion to Compel Discovery Responses and Request for Sanctions is granted. Plaintiff was served with Supplemental Interrogatories (Set One) and Supplemental Request for Production of Documents on October 11, 2018. Responses were due by November 15, 2018. Plaintiff did not serve responses on or before the due date. On November 19, 2018, counsel for ...

Petition to Approve Minor’s Compromise is granted. Court will sign Order as presented. Funds to be deposited into blocked account. ...

Parties to appear. Civil: ...

Matter is continued to March 2, 2019. ...

Parties to appear ...

Approve Petition for Probate. Richard S. Thomas is appointed Probate Referee. Sign Order as presented with inclusion of Probate Referee. ...

Parties to appear ...

Approve Petition for Probate. If waiver of bond is not signed by Leland Bean, bond is fixed at $5,000.00. Sign Order as presented with modification. Civil: ...

Parties to appear. ...

Motion for attorney fees is granted. Court will sign the proposed Order....

Motion to Deem Facts Admitted is granted. Sanctions in the amount of $260.00 are awarded to Defendant. Court will sign the Order as presented. ...

Approve Petition for Final Distribution and sign Order as presented. ...

Parties to appear ...

Approve Petition for Final Distribution. Sign Order as presented. Civil: ...

Currency (Overend): Motion to Strike Answer is granted. Court will sign Order as presented....

Parties to appear. ...

Parties to appear. ...

Approve Petition for Probate. Sign Order as presented. Richard Thomas is appointed as Probate Referee. ...

Defendants Motion to Compel Answers to Special Interrogatories and for Production of Documents is granted. Plaintiffs are to submit responses without objection on or before February 8, 2019. Defendants Motion to Have Matters Deemed Admitted is granted based on Plaintiff’s failure to respond to the request for admissions. Sanctions are awarded to De...

The court accepts the Declaration of Counsel. The court will issue an OSC to Plaintiff directly....

Defendant Richardson’s Motion to Strike Punitive Damages and Request for Attorney Fees is granted without leave to amend. After three attempts, Plaintiff has failed to state a claim for punitive damages. The allegations do not rise to the level of malice, fraud or oppression within in the meaning of Civil Code Section 3294. Plaintiff’s allegations ...

Currency (William Priest) : Motion for Judgment on the Pleadings is granted without leave to amend. Court will sign Order as presented. ...

US Currency (Donna Hilliard): Motion for Judgment on the Pleadings is granted without leave to amend. Court will sign Order as presented. ...

Approve Petition Settling Second Account and Request for Fees. Sign Order as presented. The annual report of the probate investigator will be filed by March 30, 2019. If there are any concerns stated in the report the court will notice a hearing. Civil: ...

Approve Petition for Probate and sign Order as presented. ...

Approve Petition for Final Distribution and sign Order as presented. ...

The court accepts the status report filed by counsel for Petitioner. The Petition filed by Lisa Renner is approved. Counsel to prepare letters. ...

Parties to appear. ...

Motion to Compel Written Discovery Responses and Responses to Request for Admissions is granted. Plaintiffs shall be given one more opportunity to provide responses to interrogatories and requests for admission. All responses are due on or before February 8, 2019. Sanctions are awarded to moving party in the amount of $1,560.00. Moving party to pre...

Defendant’s Motion to Compel Further Responses to Interrogatories is denied. Plaintiff has provided sufficient responses and the objections pursuant to CCP Section 2030.230 are appropriate. Further, Plaintiff has offered to provide a supplemental verified response with reference to Bates stamped Hull 1-157, and to provide the addresses of the indiv...

Motion to change Venue is granted. Venue is appropriate in San Joaquin County as that is Defendant Rodriquez’ county of residence and there are no exceptions to the general rule as to Plaintiff’s second cause of action. The court further finds that based on the fact that the work on the subject contract occurred in San Joaquin, the Defendant’s empl...

Approve Petition for Probate and sign Order as presented. ...

Brooktrails Township Community Services District Parties to appear. ...

The motion to compel is continued to January 18, 2019 at 9:30 a.m. in Department E. The parties are ordered to engage in a meaningful meet and confer process to resolve this discovery dispute. ...

Parties to appear to put settlement on the record. ...

Parties to appear. ...

Pursuant to CCP Section 473(b) Defendants’ Motion to set aside Default is granted. Plaintiffs are awarded reasonable attorney fees in the amount of $22,497.75. The court finds that the fees and hours incurred in connection with the default by Gregory Connell to be reasonable. Mr. Connell billed 45.55 hours at $285.00 per hour which amounts to $12,9...

Services LLC The Demurrer to the complaint is sustained with leave to amend. The court is concerned with Plaintiffs’ Opposition to the Demurrer as it appears that certain arguments made were copied from another case and have no bearing on the instant action. The complaint in its entirety fails to state sufficient facts to support Plaintiffs claim...

Angus: Parties to appear. Civil: ...

Parties to appear. ...

Parties to appear. ...

Approve Petition for Final Distribution and sign Order as presented. ...

Parties to appear. ...

The Demurrer to the Second Amended Cross-Complaint is sustained with leave to amend as to the 3rd and 4th Causes of Action. Cross-Complainant has failed to state sufficient facts to support the claims for constructive fraud and negligent misrepresentation. General and conclusory allegations are not sufficient. The claims for fraud must be speci...

Holding Inc.: Motion to Compel Continued Deposition of Plaintiff is granted. The second session of Plaintiff’s deposition shall be completed on or before January 30, 2019. The request for Sanctions is denied without prejudice. Moving party to prepare Order. ...

Motion for Summary Judgment is granted. No opposition filed. Moving party to prepare and submit Order. ...

Motion for Terminating Sanctions is continued to December 21, 2018 at 9:30 am. in Department E. Defendants shall comply with the Court’s previous Order dated June 22, 2018 regarding payment of monetary sanctions on or before December 7, 2018. Defendants shall also comply with the June 22nd Order regarding the production of documents and scheduling ...

Motion to Set Aside Default is denied. Defendant has failed to establish a sufficient basis for the motion. Defendant was properly served with the complaint and the motion was filed four years after the default judgment was entered and is untimely....

Plaintiff’s Motion to Compel is denied. Plaintiff failed to comply with Rule of Court 3.1345. In addition, Defendant has served responses to discovery. ...

Parties to appear. ...

Approve Petition for Final Distribution and sign Order as presented. ...

Trust Dated July 16, 2015: Approve Petition confirming Trust Assets and sign Order as presented. ...

Approve Petition and sign Order as presented. ...

Proceedings are stayed pending bankruptcy. Civil ...

Motion to Compel Further Responses to Special Interrogatories Set One No. 12 and Production of Documents No. 6, 8, 10 and 12 is granted. The court finds that the information requested is not burdensome nor oppressive and may lead to relevant witnesses and evidence. The request for Sanctions is denied. SCUKCVG17-69242, Quillan v. Rural Communities...

Grant Petition for Order Confirming Trust Assets and sign Order as presented....

Grant Petition Determining Succession to Real Property and sign Order as presented....

Parties to appear. ...

Grant Petition for Final Distribution and sign Order as presented. ...

a) Tentative ruling: grant petition; sign order in the form presented....

Merie Holl v. Aaron Norbury and McKenzie Christensen,Defendants’ Motion for Stay of Execution Pending Appeal of Unlawful Detainer Judgment Tentative ruling: Drop from calendar without prejudice to renew. Defendants have not filed a proof of service which demonstrates timely service of their motion on Plaintiff....

Tentative ruling: Petitioner must file proof of publication before court can consider the petition. ...

Tentative ruling: Grant petition; sign order in the form presented. ...

Petition for Approval of Settlement Agreement re Trust Proceedings in San Mateo County Continued to November 2, 2018 at request of moving party. ...

Petition to Settle First and Final Account and Report of Executor, for Allowance of Fees, and for Final Distribution Tentative ruling: Grant petition; sign proposed order in the form presented. In Re Declaration of Trust of Georgia M Bremer and Raymond ...

Hearing on Petition for Appointment of Probate Conservator Tentative ruling: Appearances required in court or via CourtCall. The hearing will be continued to a date after October 5, 2018 in order to facilitate the following: a) appoint counsel to represent Conservatee; and b) allow Probate Investigator to complete investigation and file and serve...

Petition to Determine Title to and Require Transfer of Real Property to Trust and For Financial Elder Abuse Tentative ruling: Appearances required in court or via CourtCall. In light of Kathie Bremer’s written opposition to the petition, the court will set the matter for trial. CIVIL ...

Petition for Return of Decedent’s Property Tentative ruling: Drop from calendar without prejudice to renew. Petitioner has not filed proof that the petition was served on the Ukiah Police Department. Name Change Petitions ...

Tentative ruling: grant petition; sign order in the form presented. ...

Plaintiff’s Motion to Vacate Judgment and Enter New Judgment or Grant New Trial Tentative ruling: Deny motion on the following grounds: a) Plaintiff failed to serve Defendant Mendocino County District Attorney; b) The motion is untimely. A judgment after court trial was filed on August 22, 2007. Notice of entry of judgment was filed and served on S...

a) Defendant’s Motion to Compel Plaintiff’s Responses to Construction Form Interrogatories, Set One Tentative ruling: Grant Defendant’s unopposed motion to compel responses to Construction Form Interrogatories within 30 days; objections and assertions of privilege are deemed waived. Reserve ruling on Defendant’s request for an award of monetary d...

Petitioner must submit proof of publication before the court can consider whether to grant the requested name change. ...

Petitioner must submit proof of publication before the court can consider whether to grant the requested name change. ...

Emma Cavier-Dennis v. Round Valley Unified School Dist.,Defendant’s demurrer to First and Third Causes of Action of Plaintiff’s Complaint Tentative ruling: Sustain demurrer with leave to amend as to the First Cause of Action. Defendant has acknowledged Plaintiff’s right to state a cause of action under 42 USC 1983 or FEHA without filing a Governmen...

First and Final Account and Report of Executor, Petition for Settlement and Allowance for Statutory Compensation and Costs to Executor, for Statutory Attorney’s Fees and Extraordinary Attorney’s fees, and for Final Distribution Tentative ruling: Grant relief requested in petition; counsel for Petitioner to submit form of order. Civil: ...