SUPERIOR COURT, STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
Department 13, Honorable James L. Stoelker Presiding
for
Department 7, Honorable Beth McGowen
Bob Gutierrez, Courtroom Clerk
Court Reporter TBA
191 North First Street, San Jose, CA 95113
Telephone: 408.882.2240
To contest the ruling, call (408) 808-6856 before 4:00 P.M.
LAW AND MOTION TENTATIVE RULINGS
DATE: January 10, 2017 TIME: 9:00 A.M.
PREVAILING PARTY SHALL PREPARE THE ORDER OR AS STATED OTHERWISE BELOW.
(SEE RULE OF COURT 3.1312)
TROUBLESHOOTING TENTATIVE RULINGS
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LINE 1 / 2013-1-CV-255799 / K. Navarra v S. Martinez / Return of Warrant: Parties to appear /
LINE 2 / 2014-1-CV-266506 / R. Breiten v City of San Jose / Order of Examination; Parties to Appear /
LINE 3 / 2015-1-CV-285923 / Western Milling LLC v Modesto Dairy & Meat / Order of Examination; Parties to Appear /
LINE 4 / 16CV300582 / Nayef Alwardat v Tawab Fakhri / No opposition is filed. Defendant’s Demurrer is GRANTED WITH 10 DAYS LEAVE TO AMEND the complaint as to defendant Fakhri and WITHOUT LEAVE TO AMEND as to CSAA. Motion to Strike is GRANTED as to defendant CSAA. /
LINE 5 / 16CV301128 / Street Snacks Incorporated v Bay Area Financial Services / No opposition is filed. Motion to Quash is GRANTED. /
LINE 6 / 2015-1-CV276706 / M. Mahronich v Presentation Center, Los Gatos, Inc. / Defendant’s Motion to Compel Discovery is GRANTED, IN PART and DENIED, IN PART. Responses to Request for Production of Documents, Set Two apparently are unverified. Therefore, the responses are incomplete. Responses to Request for Production, Set Three are, to some extent, incomplete. Plaintiffs insist that a “replacement” document production was provided to defendant on December 21, 2016. However, plaintiffs also state that “written responses” were produced to defendant on December 21 and that plaintiffs do not possess any additional responsive documents not previously produced in response to the initial document production. Further detail regarding the December 21, 2016 production is not addressed in a declaration. On the other hand, defendant contends that it has not received any “replacement” document production at all. Therefore, it unclear what, if anything, was produced on December 21. Assuming there is a miscommunication, it must be resolved by an unequivocal verified production of bates stamped documents – duplicating the original production if necessary. The considerable communications about recreating the original productions shows a good faith effort to comply with discovery obligations. With regard to responses to Form Interrogatories and Special Interrogatories, defendant argues that the responses are incomplete and lack detail. The Declaration of Kerri Johnson points to Exhibit H as the only evidence of a meet and confer effort. However, that letter does not raise any issues related to the inadequacy of the substance of the responses. In fact, the letter specifically defers the discussion of that topic. Therefore, defendants have failed to meet and confer regarding the substance of the responses prior to bringing this motion. [CCP section 2016.040] Monetary sanctions are denied to both sides. /
LINE 7 / 2015-1-CV-287031 / J. Ferreira v Turner Construction Company / No opposition is filed. Plaintiff’s Motion to Compel Depositions is GRANTED. Defendant Turner Construction shall produce a PMQ regarding the subject matters described in the deposition notice at a mutually convenient time within 20 days of this order. Counsel shall meet and confer regarding the specific date and time within 5 days of this order. Plaintiff’s request for sanctions is denied on the grounds that the notice of motion does not designate the persons against whom the sanctions are requested nor does it justify the amount of sanctions by an appropriate declaration. [CCP section 2023.040] /
LINE 8 / 16CV296971 / In Re: 395 North Murphy Ave., Sunnyvale, CA 94085 / Motion for Claim to Surplus Proceeds is GRANTED. /
LINE 9 / 16CV296971 / Roderick Boutin v Michele Ngaqui / Motion for Appointment of Receiver is continued to January 24, 2017 by court order. /
LINE 10 / 2014-1-CV-268097 / N. Albaum v R. Singh / Motion of defendant DCCI to transfer and consolidate is GRANTED. The consolidation will be with the lead case Albaum for purposes of discovery, pre-trial motions and alternative dispute resolution, but not for trial. The motion is granted without prejudice to any party making a motion to sever any matter for purposes of trial at any time. . Chavez opposes the motion on the grounds, in part, that liability discovery is complete in the consolidated actions. Moving party, however, indicates that a substantial amount of liability discovery remains to be completed by several parties who filed just prior to Chavez. Therefore, it is more likely that Chavez will be benefited by sharing the previously completed discovery rather than being prejudiced by it. The motion for consolidation meets the criteria set forth in the Code of Civil Procedure. /
LINE 11 / 2015-1-CV-288420 / D. Ziemian v Global Energy Innovations, Inc. / No opposition is filed. Motion to be Relieved as Counsel is GRANTED. /
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