civil tentative rulings
The court does not issue tentative rulings on Writs of Attachment, Writs of Possession, Claims of Exemption, Claims of Right to Possession, Motions to Tax Costs After Trial, Motions for New Trial, or Motions to Continue Trial.
Under California Rules of Court, rule 3.1308 and Local Rule 701, any party opposed to the tentative ruling must notify the court, and other parties, by 4:00 p.m. on the court day before the hearing of their intention to appear for oral argument. The court's notice must be made by facsimile to 559-733-6774.
Timestamp: 07/29/2014 at 3:53pm
The Tentative Rulings for Wednesday, July 30, 2014, are:
Re: Russo v. City of Woodlake, et al.
Case No.: VCU 253667
Date: July 30, 2014
Time: 8:30 A.M.
Dept. 7 – The Honorable Paul A. Vortmann
Motions: (1) Demurrer by Defendants City of Woodlake, Woodlake Police Department, Officer Barrantes and Officer Diaz to Plaintiff’s Second Amended Complaint; (2) Plaintiff’s Motion to Compel Further Responses to Requests for Admission, Set One from Defendants Diaz, Barrantes, and City of Woodlake, with Request for Monetary Sanctions; (3) Plaintiff’s Motion to Compel Further Responses to Interrogatories (Form, Set One and Special, Set One) from Defendants Diaz, Barrantes, and City of Woodlake, with Request for Monetary Sanctions; and (4) Plaintiff’s Motion to Compel Further Responses to Request for Production of Documents, Set One from Defendants Diaz, Barrantes and City of Woodlake, with Request for Monetary Sanctions.
Tentative Rulings: (1) To Overrule the Demurrer by Defendants City of Woodlake, Woodlake Police Department, Officer Barrantes and Officer Diaz to Plaintiff’s Second Amended Complaint. Defendants shall file their answers to the Second Amended Complaint within ten (10) days of notice of this order.
(2)(3)(4) To Deny all of the motions to compel further responses to written discovery as moot and to order Defendants to pay Plaintiff the sum of $1,350.00 as a monetary sanction. Sanctions are payable within ten (10) days of notice of this order.
(1) Demurrer by Defendants City of Woodlake, Woodlake Police Department
Plaintiff has added sufficient clarification to the facts asserted by alleging that Defendants knew or should have known that Plaintiff remained a danger to himself and others at the time when Defendants turned Plaintiff over to the ambulance for transport. The clarification is a sufficient response to the deficiencies asserted by Defendants at the hearing on their prior demurrer. Defendants’ contentions that Plaintiff’s negligence cause of action is barred under Government Code 846 and the Truong case were previously overruled. As the court previously noted, Plaintiff has sufficiently asserted that Defendants negligently intervened and changed Plaintiff’s position, over his objections, resulting in damages.
(2)(3)(4) Plaintiff’s Motions to Compel Further Responses from Defendants Diaz, Barrantes, and City of Woodlake to Plaintiffs First Sets of Requests for Admission, Form Interrogatories, and Special Interrogatories, and Plaintiff’s First Request for Production of Documents with Request for Monetary Sanctions.
Plaintiff seeks further responses to his written discovery from Defendants. Defendants promised supplemental responses but none had been received prior to the filing of Plaintiff’s motions. Defendants have not filed an opposition to the motions. In their response, Defendants assert that supplemental responses to Plaintiff’s discovery were provided after these motions were filed. As a result, the motions are moot. If Plaintiff finds the supplemental responses deficient, new motions will be required after good faith meet and confer efforts. The court awards the sum of $450.00 for each of the three motions as a sanction for the delay in providing the supplemental responses for a total sanction of $1,350.00. The court deems the amount appropriate under the circumstances.
If no one requests oral argument, under Code of Civil Procedure section 1019.5(a) and California Rules of Court, rule 3.1312(a), no further written order is necessary. The minute order adopting this tentative ruling will become the order of the court and service by the clerk will constitute notice of the order.
This concludes the civil tentative rulings