Tentative Rulings, Nevada City - Law and Motion

 

CU16-081638, Bowers v. Wood, 12/2/16 

Appearances are required for status of the proposed settlement.

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.


CL15-081321, RCA v. Dias, 12/2/16 

Plaintiffs unopposed Motion to Vacate Satisfaction of Judgment is granted pursuant to CCP 473 and Remillard Brick Co. v. Dandini (1950) 98 Cal.App.2d 617, 622.

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) 265-1273 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.


Case No. CU16-081669, Davidson v. Nevada County Fair, 12/2/16 

Defendants Demurrer to the Second Amended Complaint is overruled.

As an initial matter, the court denies the request for judicial notice of the Handbook.

As to the breach of contract cause of action, the Second Amended Complaint alleges that there was a breach of the contractual provision to provide janitorial services. While the complaint also alleges that the power sweeper caused damage, and this would qualify as janitorial services, the complaint alleges that the janitorial services were provided inadequately. Accordingly, the cause of action is sufficiently pled.

Any Answer must be served and filed by December 12, 2016.

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.


Case No. L73713, RCA v. Gilberg, 12/2/16 

Plaintiffs unopposed Motion for Withholding Order Against Non-Debtor Spouse is denied without prejudice. Due process requires a non-party to be served in the same manner as summons and complaint. Here, the non-party debtors spouse was served only by mail.

Plaintiffs 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.


Case No. CU15-081477, Carver v. JJ Jacksons, 12/2/16 

Defendants Motion to Compel Plaintiffs Responses to Supplemental Discovery is continued on the courts own motion to December 5, 2016, at 9:00 am in Dept. 6, to be heard with the OSC re Dismissal.

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.