Superior Court of California, County of Butte

Current Civil Law and Motion Rulings
Date Time Judicial Officer Case Number Style Tentative Ruling
04/27/2018 09:00 Candela, Michael P 16CV01917 McMains, Nikki vs Eselin, Mildred I. et al Plaintiff's Request for Judicial Notice is granted. The Court would be inclined to grant the Motion if counsel submits an original signed and dated version of the Declaration submitted in support of the award of attorney's fees at, or before, the hearing on 4/24/18 at 9:00am. If a signed and dated Declaration is not submitted as directed, the Motion is will be denied without prejudice for failure to comply with CCP section 2015.5.
04/27/2018 09:00 Candela, Michael P 17CV01914 Rice, Helen et al vs. Windsor Chico Care Center LLC et al Plaintiff's Motion for Judicial Notice is denied, without prejudice for refiling with an appropriate and relevant motion. Defendant's opposition to the Motion is persuasive in this regard. Defendants are to prepare and submit a form of order within two weeks. In regard to Defendant's Petition to Compel Arbitration, the Court denies the Motion. While the Federal Arbitration Act (FAA) appears to govern the arbitration agreement at issue, the heir's wrongful death Cause of Action is a completely separate and distinct cause of action. The heirs did not sign the arbitration agreement and they did not agree to arbitrate their separate claim for wrongful death. (See, Avila v Southern California Specialty Care (2018) 20 Cal.App.5th 835.) The heir's separate wrongful death claim creates the possibility of conflicting rulings. Thus, pursuant to CCP section 1281.2(c), which the Court finds is not preempted by the FAA (See, Cronus Invs., Inc. v Concierge Servs. (2005) 35 Cal.4th 376; Mastick v TD Ameritrade, Inc. (2012) 209 Cal.App.4th 1258, 1264), the Petition to Compel Arbitration is denied. Plaintiffs are to prepare and submit a form of order within two weeks. The Court will conduct a Case Management Conference (CMC), and counsel are to appear in regards to the CMC. Lastly, this case was originally assigned to Judge Benson for all purposes. However, a CCP 170.6 challenge was filed against Judge Benson, which was honored. Judge Benson is now assigned to the criminal division and Judge Tamara L. Mosbarger has taken over Judge Benson's former civil assignment. Thus, after the 4/27/18 court date, this case is reassigned to Judge Tamara L. Mosbarger for all purposes.
04/27/2018 09:00 Candela, Michael P 17CV02228 Ruggles, Benjamin J vs. Best Western Heritage Inn The Court will hear from Plaintiff, Benjamin Ruggles, in regards to the Order to Show Cause.
04/27/2018 09:00 Candela, Michael P 17CV03546 Wattenburg, Willard H vs Board Of Trustees Of The California State University et al The Court finds that the Cause of Action for Recession has been sufficiently plead and the Demurrer is overruled on all three grounds alleged by Defendants. The Court finds Plaintiff's arguments persuasive. Any Answer must be filed within 10 days' notice of this order. Counsel for Plaintiff is to prepare and submit a form of order consistent with this ruling within two weeks.
04/27/2018 09:00 Candela, Michael P 18CV00360 In re: Suzor, Toni The Court has not received proof of service on the father. Thus, the Court is inclined to deny the petition without prejudice. The Court will hear from the petitioner and the 13-yr old minor.
04/27/2018 09:00 Candela, Michael P 18CV00971 *Confidential* The Court will hear from the parties.
04/27/2018 09:00 Candela, Michael P 18CV00973 *Confidential* The Court will conduct the hearing as required W&I Code 8103(f)(5).
04/27/2018 09:00 Candela, Michael P 18PR00051 In the Matter of: Pyle, Ciera The Court will hear from Counsel in regards to thefollowing issues: 1) the Order to Show cause issued on 4/9/18 for failing to appear on 4/6/18; and 2) failing to submit proof of funding of the annuity.
04/27/2018 09:00 Candela, Michael P 17PR00477 In the Matter of: Stevens, Ashlin The Court has received a Receipt and Acknowledgment of Order for Deposit of Money into Blocked Account. The Order to Show Cause issued 4/9/18 is discharged and the hearing is vacated. This matter has concluded and no appearance is necessary.
04/27/2018 09:00 Candela, Michael P 18PR00054 In the Matter of: AGUILAR, MIA S On the same day as the 4/6/18 hearing, counsel filed a declaration of proof of funding the annuity. However, how last minute filings cannot be processed and make it into the courts file. Thus, an Order to Show Cause was issued for counsel's failure to appear.. Counsel is strongly admonished to appear if he is going to file something on the same day as the scheduled hearing. The OSC is discharged and the 4/27/18 hearing is vacated. This matter is concluded and no appearance is required.

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