Tentative Rulings, Nevada City - Law and Motion


Case No. TUD17-6574, Bank v. Garand, 04/28/2017 

This tentative ruling is issued by Judge Charles Ervin. If oral argument is requested, such oral argument shall be heard on Friday, April 28, 2017, at 10:00 am in Dept. 1, located at the Sierra County Courthouse in Downieville, California. CourtCall is permitted.

This matter was assigned to Judge Ervin by the Judicial Council pursuant to Reciprocal Order number R-452-16.

The Court notes that Defendant argues in the moving papers that he had not agreed to the stipulated judgment. There was no court reporter present. Thus, this Court is unable to ascertain if there was a mistake or excusable neglect pursuant to CCP 473(b) as argued by Defendant.

Accordingly, this Court determines that the proper judge to hear this case is Judge Robert McElhany, who signed the Judgment and who oversaw the stipulated proceedings.

The Court is in the process of contacting Judge McElhany to ascertain his availability and will provide notice to the parties of the date, time and location of a further hearing date once Judge McElhany has confirmed a date.

Parties are hereby notified that the Court does not provide a court reporter for civil matters. However, you may contract directly with the court reporter assigned to the law and motion calendar on April 28, 2017. Please call the clerk at 530-289-3698 for the reporters contact information if you wish the matter to be reported.