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
04/21/2021 09:00 Benson, Stephen E Benson, Stephen E 19CV03627 Attaway, Misty vs California Automobile Insurance Company Plaintiff's motion to compel further responses to Special Interrogatories 1-6 is granted in part and denied in part. The Court finds that Special Interrogatories 1-6 including the requests for total amounts paid are relevant as they go to the issue of bias and relevant as to whether or not there is a "genuine dispute". In balancing the need for the information against privacy interests, the Court finds that Special Interrogatories 1-6 shall be limited in scope to the three years previous to the date of loss, and limited to California. The Court also notes a stipulated protective order was filed by the parties on January 13, 2021 further protecting any privacy concerns. On the issue of whether the term "YOU" and "YOUR" is overbroad, the Court finds that the term is not overbroad based on Plaintiff's undisputed representations that, by way of long standing management agreement, another Mercury entity - Mercury Insurance Services, LLC hires the outside vendors at issue here. The Court notes that the important limitations to the definition are "related entities" and "acting on any of their behalf". Plaintiff's request for sanctions is denied. Defendant is ordered to provide further responses to Special Interrogatories 1-6 consistent with this ruling. Said responses shall be provided within 3 weeks of this ruling.
04/21/2021 09:00 Benson, Stephen E Benson, Stephen E 20CV00152 California State Grange, a California Nonprofit Corporation vs Chico Community Guilds, an Entity of Unknown Form The Court finds that the summary judgment motion did adjudicate the slander of title cause of action. The Court finds that while it is true that in the context of a slander of title cause of action attorney fees are considered damages, Defendant was on notice from Plaintiff's moving papers on summary judgment that the proposed procedure for determining the amount was by noticed motion. As a result, by failing to address the issue in Defendant's opposition, Defendant waived a trial as to the amount of attorney fees. (Superior Dispatch Inc. v. Ins. Corp. of New York (2010) 181 Cal.App.4th 175, 193 fn. 11) However, on the issue of reasonableness, Defendant may submit further declarations, including experts' within ten days. [Emphasis Added] Based on what is before the Court, the amount claimed by Plaintiff is found to be reasonable. The Court further finds that apportionment of fees is not appropriate in this case as the factual issues are inextricably intertwined. Based on what has been submitted the Court orders Defendant to pay Plaintiff the sum of $23,167.50 for attorney fees. The Court finds that prejudgment interest is warranted under both Civ. Code 3287 and 3336 as to the conversion cause of action. As a result, Plaintiff is awarded the sum of $9,307.87 as prejudgment interest in addition to the principal sum of $80,697.68. Plaintiff shall prepare a form of Order.
04/21/2021 09:00 Benson, Stephen E Benson, Stephen E 20CV00874 Bustillos, Koby vs Soars, Cassandra et al Defendant Soars' motion for terminating sanctions is denied on the grounds that terminating sanctions are to be used sparingly, and the Court shall consider less drastic sanctions as a means to enforce its orders. However, the Court grants Defendant's request for evidentiary sanctions for Plaintiff's failure to comply with the Court's January 6, 2021 Order. Plaintiff is prohibited from introducing into evidence claims for damage to vehicles, wage loss, healthcare costs or billings, as well as evidence of general damages against Defendant Soars. The Court awards additional monetary sanctions in Defendant Soars' favor in the amount of $262.00. Defendant Soars shall submit a form of Order within ten days.
04/21/2021 09:00 Benson, Stephen E Benson, Stephen E 20CV01607 Avalos, Stephanie vs General Motors LLC, a Delaware limited liability company Pursuant to the Notice of Settlement filed by Plaintiff on January 12, 2021, and having received no further requests for extension, this case is dismissed pursuant to CRC 3.1385.
04/21/2021 09:00 Benson, Stephen E Benson, Stephen E 21CV00440 In re: Dunn, Christian Anthony The court will hear from Petitioner.
04/21/2021 09:00 Mosbarger, Tamara L Mosbarger, Tamara L 18CV00766 Privette, Allison et al vs. Pleasant Grove Mobilehome Park et al In regard to Plaintiffs' Motion for Order Permitting Discovery of Defendants' Profits and Financial Condition, Defendants' objections to evidence are sustained as to Exhibit 14 on the grounds of relevance and hearsay, and Exhibit 16 on the grounds of relevance. All other objections to evidence are overruled. The Court finds that Plaintiffs have satisfied their burden of showing a substantial probability of prevailing on the merits and the Motion is granted. The Court will sign the form of order submitted by Plaintiffs. In regard to Plaintiffs' Motion for Trial Preference, the Court finds that Plaintiffs are entitled to trial preference under Code of Civil Procedure Section 36(b). The Motion is granted. The Court will utilize the form of order submitted by counsel. Finally, in regard to Defendant's Ex Parte Application to Continue Trial, the Court finds that Defendants are entitled to relief under California Rules of Court Rule 3.1332(c)(6) and the motion is granted and the June 7, 2021 trial date, June 3, 2021 trial readiness conference, and May 21, 2021 mandatory settlement conference dates are vacated. The Court finds good cause to set the jury trial for August 23, 2021 at 8:00 a.m. with a thirty day estimate, the trial readiness conference on August 19, 2021 at 1:30 p.m., and the mandatory settlement conference on July 14, 2021 at 1:30 p.m. with Judge Benson. The Court will sign the form of order submitted by Defendant.
04/21/2021 09:00 Mosbarger, Tamara L Mosbarger, Tamara L 18CV01433 Reynoso, Adriana Margarita et al vs. Burch, Dean Rockey et al Defendants' requests for judicial notice are granted. Plaintiffs' motion is granted in part, the Court finding good cause for an order allowing narrowly-tailored additional discovery relating solely to the newly named Defendant, Mary Lake-Thompson, Inc. and specifically excluding expert discovery. Counsel for Plaintiff shall submit a revised form of order consistent with this ruling within two weeks after providing to opposing counsel for approval as to form pursuant to California Rule of Court Rule 3.1312.
04/21/2021 09:00 Mosbarger, Tamara L Mosbarger, Tamara L 19CV03693 Robinson, Joseph .vs Duran, Charles In regard to Non-Party Kenneth Bryant's Motion to Quash Plaintiff's Subpoenas for Personal Appearance, the Court accepts the withdrawal of the motion and his appearance at trial via Zoom/videoconference is authorized. In regard to Non-Party Veronica Carrillo's Motion to Quash Plaintiff's Subpoenas and Non-party Jerri Mannion's Motion to Quash Plaintiff's Subpoenas, the Court finds that based upon the allegations as set forth in the First Amended Complaint the testimony sought is relevant; however, Plaintiff will be limited in the scope of his examination and the Court's Order does not provide Plaintiff with the authority to question these non-parties in regard to the criminal complaint in 2015 beyond the non-parties' interactions and dealings with Defendant. Counsel for the moving non-parties shall submit revised forms of order. In regard to Plaintiff's Motion for Delayed Trial Damages, there is no proof of service in the Court's file and thus, the Motion fails to comply with Code of Civil Procedure Section 1005. The Motion is denied. The Court advances the trial readiness conference on calendar at 10:00 a.m. to be heard at 9:00 a.m. to follow the law and motion calendar. Due to the unavailability of Judge Tamara L. Mosbarger, the Court finds good cause to continue the Court trial to May 10, 2021 at 8:30 a.m. with a two day estimate, and orders the subpoenaed witnesses to appear on that date.
04/21/2021 09:00 Mosbarger, Tamara L Mosbarger, Tamara L 19CV03836 Benedict, John et al vs Wells Fargo Bank, N A et al The Court finds that Defendants have established that there is an overriding interest in sealing the documents, namely the financial privacy rights of the Plaintiffs, to prevent public disclosure of Defendants' trade secrets, and to protect the privacy rights of non-party employees of Defendants that overcomes the right of public access to the records that supports the sealing of the records. The Court finds that a substantial probability exists that the overriding interest will be prejudiced if the record is not sealed. The proposed sealing of call recordings submitted in support of Defendants' motion for summary judgment is narrowly tailored and no less restrictive means exist to achieve the overriding interest. Defendants' Motion to Seal Records Lodged Conditionally Under Seal is unopposed, satisfies the requirements of California Rules of Court Rule 2.550, and is therefore granted. No other records, other than the call recordings submitted in support of Defendants' motion for summary judgment are to be sealed. The Plaintiff shall submit a proposed Order which complies with CRC Rules 2.550(e) and 2.551(e).
04/21/2021 09:00 Mosbarger, Tamara L Mosbarger, Tamara L 20CV00577 Florentin, Jennifer vs Davis, Lonny et al The Court intends to set this matter for a default prove-up hearing. The Court will hear from counsel regarding availability.
04/21/2021 09:00 Mosbarger, Tamara L Mosbarger, Tamara L 21CV00050 Kissel, Louis vs. Johnson, David et al Plaintiff's Motion for Preferential Trial Setting is granted. The Case Management Conference set for July 7, 2021 is vacated. The Court sets this matter for a jury trial on July 26, 2021 at 8:00 a.m. with a seven day estimate, a trial readiness conference on July 14, 2021 at 1:30 p.m., and a mandatory settlement conference on June 21, 2021 at 9:00 a.m. with Judge Candela at BCCH in Oroville. The jury trial and trial readiness conference will be heard at NCCH in Chico. The Court will utilize the form of order submitted by counsel.
04/21/2021 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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