Reset


Private

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: 12/21/2014 at 9:10am



The Tentative Rulings for Monday December 22, 2014 are:

Re:              Myrick v. Kaweah Delta Health Care District, et al.
Case No.:   VCU 258526
Date:          December 22, 2014                          
Time:         8:30 A.M.
Dept.         1 –The Honorable Melinda Reed
Motion:     Plaintiff Robert Myrick’s Petition for Order Granting Leave to File Complaint
Tentative Ruling: To Grant Plaintiff Robert Myrick’s Petition for Order Granting Leave to File Complaint.

Defendant Kaweah Delta Health Care District (Kaweah Delta) has filed a notice of non-opposition to Myrick’s petition.

Myrick asserts he was misdiagnosed and mistreated by Kaweah Delta on November 11, 2013, for injuries he received when he was ten years old.
Myrick’s attorney’s declaration indicates Myrick’s mother negligently failed to submit a timely governmental tort claim to Kaweah Delta because she was unaware of the requirement to do so. On September 15, 2014, Kaweah Delta rejected Myrick’s application for leave to present a late claim.

As such, Myrick’s petition is properly granted under Government Code sections 946.6(a) and 946.6(c)(2). Importantly, “the only question is whether the minor acted diligently in filing the application to present a late claim, [and] the negligence of the adults [the minor] relied upon cannot be imputed to the minor.” (Rousseau v. City of San Carlos (1987) 192 Cal.App.3d 498, 501.)

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:              Portfolio Recovery Associates, LLC v. Martin  
Case No.:   VCL 163483
Date:          December 22, 2014                          
Time:         8:30 A.M.
Dept.         1 –The Honorable Melinda Reed
Motion:     Plaintiff Portfolio Recovery Associates, LLC’s Motion for Relief from Dismissal
Tentative Ruling:  To Grant Plaintiff Portfolio Recovery Associates, LLC’s (Portfolio) Motion for Relief from Dismissal.

Proof of service in the court’s file indicates defendant Rosalba Martin was provided adequate notice of the motion. No response to the motion has been filed.

Here, the clerk entered dismissal of this action on September 2, 2014, without prejudice, based upon Portfolio’s attorney’s request. Portfolio’s attorney asserts he “mistakenly prepared (the) dismissal due to an error in communication with our attorney service.”

As such, Portfolio’s motion is properly granted under Code of Civil Procedure section 473(b) which requires the court to vacate a dismissal due to attorney error upon timely application.

Martin shall file an answer or other responsive pleading to Portfolio’s complaint within thirty days’ notice of the court’s order.

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:              FIA Card Services, N.A. v. Bertley
Case No.:   VCL 164089
Date:          December 22, 2014                          
Time:         8:30 A.M.
Dept.         1 –The Honorable Melinda Reed
Motion:      Plaintiff FIA Card Services, N.A.’s Motion for Order that Matters in Request for Admission of Truth of Facts be Admitted and For Monetary Sanctions Against Defendant Miranda A. Bertley
Tentative Ruling: To grant Plaintiff FIA Card Services, N.A.’s (FIA) Motion for Order that Matters in Request for Admission of Truth of Facts be Admitted and For Monetary Sanctions Against Defendant Miranda A. Bertley.

Proof of service in the court’s file indicates notice of the motion was adequate. No response to the motion has been filed.

Further, FIA has submitted sufficient proof that defendant Miranda A. Bertley was adequately served with the underlying motion. FIA asserts Bertley has not responded to the requests for admissions.

Accordingly, under Code of Civil Procedure section 2033.280 the motion is granted. Additionally, under Code of Civil Procedure sections 2033.280(b) and (c), Bertley shall pay monetary sanctions in the amount of $332.50, which the court deems reasonable, to FIA’s counsel within thirty days’ notice of the court’s order.

If no one requests oral argument, the court is prepared to sign the order submitted by FIA.

_________________________________________________________________________________________________________________________

Re:           Scalia, Inc. v. Harms, et al.
Case No: VCU258581
Date:       December 22, 2014
Time:      8:30 A.M. 
Dept.      1 - The Honorable Melinda Reed
Motion:   Plaintiff’s Motion for Preliminary Injunction
Tentative Ruling:  There is no tentative ruling in this matter. The parties are directed to meaningfully meet and confer in order to resolve this dispute. If the parties are unable to resolve, the parties and counsel are directed to personally appear at the hearing. No CourtCall is permitted if the parties are unable to resolve.

 


This concludes the civil tentative rulings



Top