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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: 10/25/2014 at 3:46pm



The Tentative Rulings for Monday October 27, 2014 are:

Re:              Moreno v. Visser Ranch, Inc. et al.

Case No.:   VCU 254522

Date:          October 27, 2014

Time:         8:30 A.M. 

Dept.         1 – The Honorable Melinda Reed

Motion:    Defendant County of Tulare’s Motion to Bifurcate the Phases of Trial Between Liability and Damages

Tentative Ruling:  To deny Defendant County of Tulare’s (County) Motion to Bifurcate the Phases of Trial Between Liability and Damages without prejudice.

This case involves multiple parties. The County contests liability, but both the plaintiff and defendant Ernesto Moreno Lopez assert the County is responsible for the accident at issue. Plaintiff has not opposed bifurcation, but Lopez has filed an objection to characterization of liability in response to the County’s motion. The County’s motion for summary judgment is pending.

As such, given the circumstances and issues involved in this case, the County’s motion for bifurcation is premature and more properly made as a motion in limine at the time of trial. At that time, the pleadings and issues should be settled so as to allow for a more informed decision on this motion.

Accordingly, the County’s motion for bifurcation is denied without prejudice.

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.

_______________________________________________________________________________________________________________________

Re:           Williams, et al. v. Ruan Incorporated, et al.

Case No: VCU 231325

Date:       October 27, 2014

Time:      8:30 A.M. 

Dept.      1 - The Honorable Melinda Reed

Motion:   Defendants’ Motion to Bifurcate Issues for Trial

Tentative Ruling:  There is no tentative ruling in this matter. The parties are directed to appear.

_________________________________________________________________________________________________________________________

Re:           Champeheuang v. Porterville Police Department, et al.

Case No: VCU 255956

Date:       October 27, 2014

Time:      8:30 A.M. 

Dept.      1 - The Honorable Melinda Reed

Motion:  Demurrer by Defendants City of Porterville and Porterville Police Department to First Amended Petition for Writ of Mandate

Tentative Ruling:  There is no tentative ruling in this matter. The parties are directed to appear.

 


This concludes the civil tentative rulings



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