Superior Court of California, County of Butte

Current Civil Law and Motion Rulings
Date Time Judicial Officer Case Number Style Tentative Ruling
01/22/2020 09:00 Glusman, Robert A 16CV01950 Herrera, Alize et al vs. Z2 Logistics et al The Court will hear from counsel regarding status of settlement and dismissal as well as proof of funding of the annuities.
01/22/2020 09:00 Glusman, Robert A 17CV00142 Steyer, Richard William vs Volkswagen Group of America et al This matter is continued to July 22, 2020 at 9:00 a.m. No appearance is required at the hearing on January 22, 2020.
01/22/2020 09:00 Glusman, Robert A 18CV02422 Fontana, Ronald vs Baker, Lloyd et al Based upon the declaration of the Plaintiff, the Court grants default judgment. The Court will sign the proposed form of Judgment submitted by counsel. No appearance is required at the hearing on January 22, 2020.
01/22/2020 09:00 Glusman, Robert A 18CV03411 Zenda, Tammy vs Hill, Hayden Wesley et al The motion is granted and sanctions are awarded in the amount of $400. Counsel for the moving party shall submit a form of order within two weeks.
01/22/2020 09:00 Glusman, Robert A 19CV02384 Pollak, Michael vs. Leverenz, Carl B et al The Request for Judicial Notice is granted. The Demurrer is sustained without leave to amend based on the doctrine of judicial immunity/quasi-judicial immunity. As to the Motion to Strike, the Demurrer having been sustained, the Motion to Strike is denied as moot. Counsel for the moving parties shall submit a form of order consistent with this ruling within two weeks.
01/22/2020 09:00 Glusman, Robert A 19CV03505 In re: McCann, Kendra The Court has not yet received proof of publication nor proof of service on the father as required by CCP 1277(a). The Court will hear from Petitioner.
01/22/2020 09:00 Glusman, Robert A 19CV03562 In re: Ball, George Steven All documents are in order and the Petition is granted. The Court will sign the Decree submitted by the Petitioner. No appearance is required.
01/22/2020 09:00 Mosbarger, Tamara L 143645 Capital One Bank (USA) NA vs Milroy, Cheryl R Plaintiff's motion to set aside and vacate the Renewal of Judgment entered April 25, 2019 is granted. The Court will sign the Order provided. The matter is dismissed with prejudice.
01/22/2020 09:00 Mosbarger, Tamara L 16CV00883 Dudley's Excavating Incorporated et al vs California Department of Forestry and Fire Protection Please refer to the Court's Tentative Decision After Court Trial, filed January 21, 2020, for the indicated ruling.
01/22/2020 09:00 Mosbarger, Tamara L 18CV01370 Jensen, Tammy L vs Federal National Mortgage Association et al The moving papers are in order, and the motion is unopposed. Therefore, Plaintiff's motion to continue pending action by decedent's successor in interest is granted. Plaintiff shall prepare a form of Order.
01/22/2020 09:00 Mosbarger, Tamara L 18CV02891 Smith, Dorothy Ann vs Smith, Everett Frank et al The Court will hear from counsel as to Plaintiff's efforts to properly serve all defendants. Service by publication of all 17 defendants is not acceptable since Plaintiff was required to set forth in detail the attempts made to locate and serve each and every named defendant. The only proof of service received is regarding Defendant Charles Smith. Plaintiff will need to file an amended request for default as to Defendant Charles Smith and any other defendants who have been subsequently served. If the Court finds all defendants have been properly served and defaults entered, the Court will grant Plaintiff's Application for Interlocutory Judgment. The Court will then appoint Kevin Sweeney to act as referee to conduct a private sale of the property. The Court must make any necessary determination of the status and priority of liens on the property. CCP 872.630(a). Plaintiff refers to Exhibit 'A' of the Complaint in her Application; however, this information is omitted from the form of Interlocutory Judgment. In addition, the Judgment does not contain an accurate recitation of service and default as it has occurred here. Plaintiff will be required to submit a revised form of Interlocutory Judgment.
01/22/2020 09:00 Mosbarger, Tamara L 18CV03691 US Bank National Association vs Ricci, Stephanie This matter has been continued several times so that defense counsel could serve his client with the Order granting his motion to be relieved as counsel. The Court has not received a proof of service of this signed Order, and the Order is not effective until proof of service is filed. The Court will conduct a case management conference. The parties are directed to appear in person or by Court Call to discuss the status of service of the Order granting counsel's motion to be relieved as counsel.
01/22/2020 09:00 Mosbarger, Tamara L 19CV01079 CPI Chico Beneficiary LLC et al vs HK Deluxe LLC On Defendant's motion for judgment on the pleadings, neither party suggests that extrinsic evidence is required to construe the plain meaning of Section 4 of the Consent and Non-Disturbance (CND) Agreement. The Court has reviewed the CND Agreement and finds that the terms of the agreement are unambiguous. Based on a plain reading of the CND Agreement, the Court finds that the parties did not intend "material amendment" of the sublease to include termination thereof. Each cause of action in Plaintiffs' Complaint is based solely on Defendant's alleged unreasonable withholding of consent to Walgreens' termination of the sublease under Section 4 of the CND Agreement. Therefore, Defendant's motion for judgment on the pleadings is granted. Plaintiffs state they have an ability to amend the Complaint to allege alternative contractual interpretations. Therefore, leave to amend is granted. Defendant shall prepare a form of Order consistent with the Court's ruling.
01/22/2020 09:00 Mosbarger, Tamara L 19CV03509 Boyd, Stephen L et al vs Hogue, Robert, Trustee of the Forest Springs Trust Plaintiffs' motion for Order for service by publication is denied without prejudice. The Court finds it is an impossible situation to name a deceased Trustee of an invalid Trust as a Defendant here. If a defendant is dead and no estate has been probated, no one is in existence on whom process can be served. During such period such defendant is clearly beyond the territorial limits of the State of California and not amenable to the service of process. Polony v. White (1974) 43 Cal. App. 3d 44, 48. Defendant Robert Hogue as Trustee of the Forest Springs Trust is not a proper party. His removal will not deprive the Court of jurisdiction to adjudicate the interests to the property in this quiet title action. Further, if a transfer to a trust is invalid, the legal title to the property remains in the grantor. Osswald v. Anderson (1996) 49 Cal. App. 4th 812, 820. Thus, it would appear that the McClouds, as grantors, are necessary parties. In addition, Probate Code section 18104 creates a rebuttable presumption that the transfer of property into a Trust where no beneficiary is named actually transfers the interest to the Trustee personally and free of the Trust. Thus, pursuant to CCP 762.030, the successors in interest to the decedent are necessary parties to this action.
01/22/2020 09:00 Mosbarger, Tamara L 19CV03537 In re: Sandberg, Crystal Joy The petition is granted and the Court will sign the Decree provided. No appearance is necessary.
01/22/2020 09:00 Mosbarger, Tamara L 19UD02716 North Valley Mall II, LLC vs Cream Kings-Chico, LP Plaintiff's motion to compel response to Judgment Debtor Interrogatories, Set One and Judgment Debtor Requests for Production of Documents, Set One, is granted. Sanctions are imposed against Defendant Cream Kings-Chico, LP, in the amount of $444.00. Plaintiff shall prepare a form of Order.
01/22/2020 09:00 Mosbarger, Tamara L 20CV00156 Butte County Animal Control vs Swanson, Shane et al The matter is continued to February 5, 2020, at 9:00 a.m. to allow for proper notice.
01/22/2020 09:00 Mosbarger, Tamara L 20CV00157 Butte County Animal Control vs Swanson, Shane et al The matter is continued to February 5, 2020, at 9:00 a.m. to allow for proper notice.

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