Superior Court of California, County of Butte

Current Civil Law and Motion Rulings
Date Time Judicial Officer Case Number Style Tentative Ruling
01/26/2018 09:00 Mosbarger, Tamara L 165253 STAUFFER, KEVIN VS FARMERS INTNT'L Farmer's Motion for Good Faith Settlement was served by regular mail on 1/3/18, which is 16 court days before the hearing. Notice of the Motion is therefore insufficient under CCP section 1005 by five calendar days. See Rutter's Civil Proc. before trial at section 12:859. The Motion is denied without prejudice.
01/26/2018 09:00 Mosbarger, Tamara L 16CV02432 Mesa, Joseph, Sr et al vs Webster, Scott Plaintiff's motion to file a Second Amended Complaint is granted. The Court will sign the order provided by Plaintiff.
01/26/2018 09:00 Mosbarger, Tamara L 17CV00222 Lendmark Financial Services vs Thompson, Beverly A The Court finds that the unopposed motion sets forth that Plaintiff's predecessor In Interest entered into an agreement for a loan of money. However, the Separate Statement (or supporting declaration) fails to clearly identify that the Plaintiff's (or its predecessor) perform its contractual obligations. Furthermore, while Plaintiff's proof of service indicates a Memorandum of Points and Authorities was served upon Defendant, Plaintiff did not file the Memorandum of Points and Authorities with the Court. See CRC 3.1350(c)(3). Plaintiff's Motion for Summary Judgment is therefore denied.
01/26/2018 09:00 Mosbarger, Tamara L 17CV02373 Harmon, Emily vs Derby, William et al Plaintiff fails to file any opposition to Defendants Manwill and Miller's Demurrer. The demurrer is sustained with leave to amended for failure to state a cause of action as to the First through and including the Fifth causes of action. The demurrer is sustained without leave to amend as to the Sixth and Seventh causes of action. Any amended complaint must be filed within 10- days' notice of this order. Defendants are to prepare and submit a form of order. The Motion to Strike is moot.
01/26/2018 09:00 Mosbarger, Tamara L 18CV00007 Rogers, Matthew et al vs Brown, Russell The petition is granted, including costs and atty fees.

1 Court Street, Oroville CA 95965
© 2018 Superior Court of California, County of Butte. All rights reserved.