Superior Court of California, County of Butte

Superior Court of California
County of Butte

In response to COVID-19 the Court currently requires all appearances by Counsel on Civil and Probate matters to be via Court Call (888-882-6878). See Emergency Local Rules 1.10(b)(1)-(3) for additional information.

Current Civil Law and Motion Rulings
Date Time Judicial Officer (hearing) Judicial Officer (assigned) Case Number Style Tentative Ruling
01/20/2021 09:00 Benson, Stephen E Benson, Stephen E 17CV00142 Steyer, Richard William vs Volkswagen Group of America et al This matter is continued to July 7, 2021, at 10:30 a.m. for status of coordinated proceeding.
01/20/2021 09:00 Benson, Stephen E Benson, Stephen E 19CV01557 Lund, Evelyn et al vs. Hagemann, Jennifer The motion to substitute Glen C. Eaton, personal representative of decedent's estate, to represent Plaintiff's individual interests herein, and the motion to substitute Martin Lund and James Beck, successor trustees of decedent's trust, to represent Plaintiff's interest as trustees of the Peter and Evelyn Lund Family 1998 Revocable Trust herein, are unopposed and are granted. Moving parties shall submit the respective forms of Order within two weeks.
01/20/2021 09:00 Benson, Stephen E Benson, Stephen E 19CV01953 Guy, Wayne et al vs Discovery Homes, Inc, a California Corporation et al On Defendant Discovery Builders, Inc.'s, motion for summary judgment, Defendant's request for judicial notice is granted with regard to Exhibits 1, 5, 6 and 7, denied with regard to Exhibit 2, and denied as irrelevant with regard to Exhibits 3 and 4. Plaintiffs' request for judicial notice is granted. The Court rules on Plaintiffs' objections to evidence as follows: Objection No. 1 is sustained; Objection Nos. 4, 5 and 6 are overruled; the Court declines to rule on Objection Nos. 2 and 3 pursuant to Code of Civil Procedure section 437c, subdivision (q). Defendant's objections to evidence are overruled. The Court denies Defendant's motion to strike. Defendant's motion for summary judgment is denied. On Plaintiffs' first cause of action for negligence, the Court finds as a matter of law that Defendant owes a duty of due care to the Plaintiffs. The Court further finds that Plaintiffs have raised a triable issue of material fact with regard to whether Defendant's conduct or omissions fell below the standard of care. Similarly, the Court finds that Plaintiffs have raised a triable issue of material fact as to whether Defendant's acts or failure to act was a substantial factor in causing Plaintiffs' harm. (See, Plaintiffs' Additional Statements of Fact Nos. 1-4 and 33-36.) The motion with regard to the first cause of action is therefore denied. On Plaintiffs' second cause of action for trespass, the Court finds that Plaintiffs have raised a triable issue as to whether Defendant's acts or failure to act caused the unlawful entry of flood water onto Plaintiffs' properties. (See, Plaintiffs' ASUF Nos. 1-4 and 33-36.) The motion with regard to the second cause of action is therefore denied. On Plaintiffs' third cause of action for nuisance, the Court finds that Plaintiffs have raised a triable issue as to whether Defendant's acts or failure to act caused an unlawful interference with Plaintiffs' use and enjoyment of their properties. (See, Plaintiffs' ASUF Nos. 1-4 and 33-36.) The motion with regard to the third cause of action is therefore denied. With regard to the defense of "Act of God," the Court finds that Defendant has failed to plead "Act of God" as an affirmative defense and Defendant is therefore estopped from relying on this defense on summary judgment. Plaintiffs shall submit a form of Order consistent with this ruling in two weeks.
01/20/2021 09:00 Benson, Stephen E Benson, Stephen E 20CV00611 Brooks, Brandon vs Argonaut California Ventures, Inc Plaintiff's motion for final settlement approval is granted, there being no opposition or objection to the Notice of Settlement or to Plaintiff's request for final approval. The Court grants Plaintiff's request for attorneys' fees in the amount of $192,500.00 and reimbursement of costs in the amount of $6,804.09. The Court grants payment of an incentive award of $5,000.00 to the Representative Plaintiff, as well as payment of $15,000.00 to the Settlement Administrator. A compliance hearing is scheduled for March 24, 2021, at 10:30 a.m. The Court will sign the proposed Order and Judgment submitted by Plaintiff.
01/20/2021 09:00 Benson, Stephen E Benson, Stephen E 20CV00784 Boutros, George vs. Plaster, Jared On January 7, 2021, Judge Tamara Mosbarger honored Plaintiff's recusal motion pursuant to Code of Civil Procedure section 170.6, and this case is reassigned to Judge Stephen E. Benson for all purposes. Plaintiff's motion for recusal of Judge Mosbarger is therefore off calendar. Plaintiff's motion for recusal of Judge Robert A. Glusman is denied on the grounds that Judge Glusman is no longer on the bench. He is now retired.
01/20/2021 09:00 Benson, Stephen E Benson, Stephen E 20CV01220 California Open Lands vs Butte County Department of Public Works On Cross-Defendant California Open Lands' demurrer to the County of Butte's Cross-Complaint, the Court finds that Cross-Complainant has stated a cause of action for declaratory relief that is separate and distinct from the requests made in the Second Amended Complaint, including a determination that the 25-foot buffer and the Stormwater Detention Basin portions of the three-acre Preserve do not contain any wetland features and are not "wetlands." On that basis, Cross-Defendant's demurrer is overruled. Cross-Defendant shall have ten days to file an Answer to the Cross-Complaint. Cross-Complainant shall prepare the form of Order.
01/20/2021 09:00 Benson, Stephen E Benson, Stephen E 20CV01737 Zebley, David C vs Zolla Finanical, LLC et al Plaintiff having timely filed a First Amended Complaint, the demurrer is off calendar.
01/20/2021 09:00 Benson, Stephen E Benson, Stephen E 20CV02347 Silano, Joel M vs FCA US, LLC et al Plaintiff's motion to compel further response to requests for production of documents is denied. The Court finds that Plaintiff has not carried his burden on this motion. Further, Plaintiff has failed to support his argument that Defendant must attest to the specific search terms and custodial names in its database searches, as the cases cited to by Plaintiff all involve discovery pursuant to the Federal Rules of Civil Procedure. The Court finds persuasive Defendant's argument that the scope of this case does not warrant the extensive discovery that Plaintiff has requested. Defendant shall submit a form of Order denying the specific requests listed in the supplemental declaration of Esther Kim within two weeks.
01/20/2021 09:00 Benson, Stephen E Benson, Stephen E 20CV02363 In re: Nowlin, Melissa Dawn There is no proof of publication. If the petitioner presents proof of publication, the Court will grant the petition and sign the Decree provided.
01/20/2021 09:00 Benson, Stephen E Benson, Stephen E 20CV02371 In re: Scherquist, Talia Lovell There is no proof of publication. If the petitioner presents proof of publication, the Court will grant the petition and sign the Decree provided.
01/20/2021 09:00 Mosbarger, Tamara L Mosbarger, Tamara L 16CV00411 Joiner, Matt G vs Neher, Timothy L et al Plaintiff's Request for Judicial Notice is granted. Plaintiff's Motion for Summary Adjudication on the first cause of action (fraud) is granted [See UMF Nos. 2-8, 12-16, and 19-21]. However, the Court denies Plaintiff's request for punitive damages, for failure to establish by clear and convincing evidence that Defendant made representations knowing that they were false and with the intent to induce reliance thereon, and further failed to establish by clear and convincing evidence that Defendant's actions were willful, fraudulent and oppressive. Plaintiff's Motion for Summary Adjudication on the second cause of action (negligent misrepresentation) is granted [See UMF Nos. 2-8, 12-16, 19-21, and 23-24]. Plaintiff's Motion for Summary Adjudication on the fourth cause of action (money had and received / money lent) is granted [See UMF Nos. 2-8, 12-16, 19-21, 23-24, and 26-28]. Therefore, Judgment shall be entered for Plaintiff and against Defendant on the first, second and fourth causes of action, and Plaintiff shall be awarded damages in the amount of $123,371.98, plus prejudgment interest on the damages, plus costs in an amount to be determined. Plaintiff shall prepare and submit a form of order and proposed judgment within two weeks. Based upon the Court's ruling, the Case Management Conference set to trail the hearing on Plaintiff's Motion for Summary Adjudication is vacated and the matter is set for a review hearing regarding status of judgment on February 24, 2021 at 10:30 a.m.
01/20/2021 09:00 Mosbarger, Tamara L Mosbarger, Tamara L 18CV00196 Younger, Doreen E vs Hornback, Jon Brent, Jr. Plaintiff's Motion for an Award of Attorney's Fees is granted. Plaintiff is awarded attorney's fees in the amount of $9,813.50. Counsel shall submit a form of order within two weeks.
01/20/2021 09:00 Mosbarger, Tamara L Mosbarger, Tamara L 18CV03487 Portfolio Recovery Associates, LLC vs Hill, Gabriel The Motion is granted. The Court vacates the Status Conference set for November 1, 2023 at 10:30 a.m. and sets this matter for a Case Management Conference on April 21, 2021 at 10:30 a.m. Case Management Conference Statements are to be timely filed and served. The Court will sign the form of order submitted by counsel for the Plaintiff.
01/20/2021 09:00 Mosbarger, Tamara L Mosbarger, Tamara L 19CV00828 Favela Ojeda, Leonardo et al vs. Ledoux, Michael Roland The petitions for approval of the minors' compromise are granted. The minors are not required to attend the hearing, the Court finding good cause to dispense with their personal appearance. The Case Management Conference on March 3, 2021 at 10:30 a.m. is vacated and the matter is set for a status hearing on that date, March 3, 2021 at 10:30 a.m. for status of proof of deposit into blocked account and status of dismissal. The Court will sign the forms of order submitted by counsel.
01/20/2021 09:00 Mosbarger, Tamara L Mosbarger, Tamara L 20CV01005 Rocky Top Rentals, LLC., a Limited Liability Company vs Scott, Melissa Rashelle There is no proof of service in the Court's file. If Plaintiff presents proof of proper service, then the application for writ of possession will be granted, and Plaintiff shall submit an undertaking in the amount of $2,400.00, and shall submit a form of order consistent with this ruling within two weeks.
01/20/2021 09:00 Mosbarger, Tamara L Mosbarger, Tamara L 20CV01666 In re: Smith, Desiree Nicole The Court will hear from the Petitioner regarding service on Dustin McKenzie.
01/20/2021 09:00 Mosbarger, Tamara L Mosbarger, Tamara L 20CV01674 Mid-Century Insurance Company vs Marina Zepeda Tri County Building Maintenance Plaintiff's motion to strike Defendant's Answer filed on October 19, 2020 is granted with leave to amend on the grounds that Defendant, a corporation, cannot represent itself in Court. The Court in its discretion grants 30 days' leave for Defendant to obtain counsel and file an Amended Answer. The Court will utilize the form of order submitted by counsel with modification as to the Court's granting of leave to amend.
01/20/2021 09:00 Mosbarger, Tamara L Mosbarger, Tamara L 20CV02379 In re: Myers, Kenneth Steven If proper proof of publication is submitted at or before the hearing, the Petition will be granted.
01/20/2021 09:00 Mosbarger, Tamara L Mosbarger, Tamara L 19MH00301 Chico Police Department vs. Thomas, David Charles The Court will hear from counsel regarding the status of the criminal case.
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