Tentative Rulings, Nevada City - Law and Motion

 

Lane v. Wright, Case No. CU18- 083100, 11-15-19 

Defendants Motion for Summary Adjudication as to the Complaint is dropped as moot. The complaint was dismissed on October 21, 2019.

Moving partys attorney is to submit a formal order that sets out verbatim the tentative ruling herein and complies with California Rule of Court 3.1312, and is thereafter to prepare, file and serve notice of order.

This is the Courts tentative ruling. In order to argue at the hearing, you must notify the parties and thereafter notify the courts law and motion secretary at (530) 265-1380 by 4:00 p.m. the court day before the hearing. If you do not so notify the parties and court, the tentative ruling shall become the final ruling. Any argument is limited to five minutes. California Rule of Court 3.1308, Local Rule 4.05.3.

Unless the court orders otherwise, the court does not provide court reporters for civil law and motion hearings and case management conferences at the court's expense. Any litigant who wants a record of a law and motion matter or a case management conference must arrange for the presence of a court reporter at his or her expense. Local Rule 10.00.3B.

YOU MAY SCHEDULE A TELEPHONIC APPEARANCE (AT LEAST TWO COURT DAYS PRIOR TO HEARING) USING VCOURT AT THE FOLLOWING INTERNET SITE: http://nccourt.net/onlinesvcs/vcourt.shtml


Knoch v. Goddard, Case No. CU19-083924, 11-15-19 

Appearances are required for hearing. The court requires a status of mediation and to determine if a temporary restraining order is still requested.

Any argument is limited to five minutes. California Rule of Court 3.1308, Local Rule 4.05.3.

Unless the court orders otherwise, the court does not provide court reporters for civil law and motion hearings and case management conferences at the court's expense. Any litigant who wants a record of a law and motion matter or a case management conference must arrange for the presence of a court reporter at his or her expense. Local Rule 10.00.3B.

YOU MAY SCHEDULE A TELEPHONIC APPEARANCE (AT LEAST TWO COURT DAYS PRIOR TO HEARING) USING VCOURT AT THE FOLLOWING INTERNET SITE: http://nccourt.net/onlinesvcs/vcourt.shtml


Holt v. Brock, Case No. CU18-082951, 11-15-19 

On the courts motion, the hearing for this matter is continued until 6 December 2019 at 10:00 a.m.

This is the Courts tentative ruling. In order to argue at the hearing, you must notify the parties and thereafter notify the courts law and motion secretary at (530) 265-1380 by 4:00 p.m. the court day before the hearing. If you do not so notify the parties and court, the tentative ruling shall become the final ruling. Any argument is limited to five minutes. California Rule of Court 3.1308, Local Rule 4.05.3.

Unless the court orders otherwise, the court does not provide court reporters for civil law and motion hearings and case management conferences at the court's expense. Any litigant who wants a record of a law and motion matter or a case management conference must arrange for the presence of a court reporter at his or her expense. Local Rule 10.00.3B.

YOU MAY SCHEDULE A TELEPHONIC APPEARANCE (AT LEAST TWO COURT DAYS PRIOR TO HEARING) USING VCOURT AT THE FOLLOWING INTERNET SITE: http://nccourt.net/onlinesvcs/vcourt.shtml


Goodrow v. City of GV, Case No. CU19-083429, 11-15-19 

Defendant City of Grass Valleys Demurrer to the First Amended Complaint is sustained.

As to the fourth cause of action, plaintiff has presented a timely claim pursuant to the Government Claims Act, as defendant now concedes in its reply. However, no statute cited by plaintiff in the operative complaint creates a mandatory duty under Government Code section 815.6. See Haggis v. City of Los Angeles (2000) 22 Cal.4th 490, 498 (application of section 815.6 requires that the enactment at issue be obligatory, rather than merely discretionary or permissive, in its directions to the public entity; it must require, rather than merely authorize or permit, that a particular action be taken or not taken.). Thus, the claim is not adequately pled.

As to the fifth cause of action pursuant to section 815.2 of the Government Code, the law was settled by Van Kempen v. Hayward Area Park etc. District (1972) 23 Cal.App.3d 822 [], that public entity liability for property defects is not governed by the general rule of vicarious liability provided in section 815.2, but rather by the provisions in sections 830 to 835.4 of the Government Code. Longfellow v. County of San Luis Obispo (1983) 144 Cal.App.3d 379, 383. A public employee is not liable for injuries caused by a condition of public property where such condition exists because of any act or omission of such employee within the scope of his employment. (Gov. Code, 840.) Id. Thus, the government code section 815.2 claim presently pled in this case is improper.

As to the sixth cause of action, as noted above, the City cannot be held vicariously liable for a dangerous condition of its property because of acts or omission of its employees under Government Code sections 815.2 and 840. See Longfellow, 144 Cal. App. 3d at 383. Because defendant cannot be held liable for the acts and omissions of its employees in a dangerous condition case, it cannot be liable for the purported negligent acts of its independent contractors under the express language of Government Code section 815.4. Gov. Code, 815.4 (Nothing in this section subjects a public entity to liability for the act or omission of an independent contractor if the public entity would not have been liable for the injury had the act or omission been that of an employee of the public entity.). This claim is likewise improper.

Leave to amend is permitted. The Second Amended Complaint must be filed and served no later than November 25, 2019.

Moving partys attorney is to submit a formal order that sets out verbatim the tentative ruling herein and complies with California Rule of Court 3.1312, and is thereafter to prepare, file and serve notice of order.

This is the Courts tentative ruling. In order to argue at the hearing, you must notify the parties and thereafter notify the courts law and motion secretary at (530) 265-1380 by 4:00 p.m. the court day before the hearing. If you do not so notify the parties and court, the tentative ruling shall become the final ruling. Any argument is limited to five minutes. California Rule of Court 3.1308, Local Rule 4.05.3.

Unless the court orders otherwise, the court does not provide court reporters for civil law and motion hearings and case management conferences at the court's expense. Any litigant who wants a record of a law and motion matter or a case management conference must arrange for the presence of a court reporter at his or her expense. Local Rule 10.00.3B.

YOU MAY SCHEDULE A TELEPHONIC APPEARANCE (AT LEAST TWO COURT DAYS PRIOR TO HEARING) USING VCOURT AT THE FOLLOWING INTERNET SITE: http://nccourt.net/onlinesvcs/vcourt.shtml