Tentative Rulings, Nevada City - Law and Motion


Case No. UD16-00174, Lutz v. Disantis, January 13, 2017 

Defendants Demurrer to the complaint is overruled.

A cotenant may bring an action to recover damages resulting from a trespass or injury to the cotenancy property without joining the other cotenants in the action. See McCormick v. Marcy (1913) 165 Cal. 386. Thus, the argument that an indispensable party is missing fails.

Any Answer must be served and filed by January 18, 2017.

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.

Angela L. Bradrick, research attorney for the Superior Court of Nevada County, will act as judge pro tem on this law and motion calendar and has issued this tentative ruling. Any party who does not wish to stipulate to her hearing this matter must notify the other parties and then notify the Court's judicial assistant at (530) 265-1273, by 4:00 p.m. on the court day prior to hearing. Since no judge will be available for this law and motion calendar, if any party declines to stipulate, the matter will be continued to January 27, 2017, at 10:00 a.m. If all parties stipulate to Angela L. Bradrick hearing the matter but wish to argue at the hearing, they must notify the Courts judicial assistant by 4:00 p.m. on the court day prior to hearing. If you do not so notify the parties or the 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.