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civil tentative rulings


The court does not issue tentative rulings on Writs of Attachment, Writs of Possession, Claims of Exemption, Claims of Right to Possession, Motions to Tax Costs After Trial, Motions for New Trial, or Motions to Continue Trial.


Under California Rules of Court, rule 3.1308 and Local Rule 701, any party opposed to the tentative ruling must notify the court, and other parties, by 4:00 p.m. on the court day before the hearing of their intention to appear for oral argument. The court's notice must be made by facsimile to 559-733-6774.


Timestamp: 10/23/2018 at 9:48am



The Tentative Rulings for Tuesday October 23, 2018 are:

Re:            First Investors Servicing Corporation v. Whitlock
Case No.:  VCL 184100
Date:         October 23, 2018
Time:         8:30 A.M. 
Dept.         7-The Honorable Bret D. Hillman
Motion:     Plaintiff’s Motion for Judgment on the Pleadings
Tentative Ruling: To continue the hearing on plaintiff’s motion for judgment on the pleadings to November 13, 2018 at 8:30 a.m. in Department 7 of this Court and direct the plaintiff to file a declaration with the Court that complies with the “meet and confer “provisions of Code of Civil Procedure §§439(a)(3) within the time limitations set forth in that section;

The Court notes from its file that proper and timely notice of this motion was given to the parties to this action.  There has been no response to this motion.

CCP§439(a)(3) states that “The moving party shall file and serve with the motion for judgment on the pleadings a declaration stating either of the following: (A) The means by which the moving party met and conferred with the party who filed the pleading subject to the motion for judgment on the pleadings and that the parties did not reach an agreement resolving the objections raised by the motion for judgment on the pleadings [or] (B) That the party who filed the pleading subject to the motion for judgment on the pleadings failed to respond to the meet and confer request of the moving party or otherwise failed to meet and confer in good faith.”

Accordingly, the Court orders that the hearing on plaintiff’s motion for judgment on the pleadings be continued to November 13, 2018 at 8:30 a.m. in Department 7 of this Court. The Court also directs the plaintiff to file a declaration with the Court that complies with the “meet and confer “provisions of Code of Civil Procedure §§439(a)(3) within the time limitations set forth in that section.

Re:              Enderton v. HRB Resources, LLC

Case No.:   VCU 267072

Date:          October 23, 2018

Time:          8:30 A.M. 

Dept.           7-The Honorable Bret Hillman

Motion:       Plaintiff’s Continued Motion for Approval of Representative Action Settlement

Tentative Ruling:  To Grant Plaintiff’s Continued Motion for Approval of Representative Action Settlement

Plaintiff’s motion was originally heard on October 16, 2018.  At that time the court adopted its tentative ruling denying the motion without prejudice and outlined a number of areas for which the court required additional information to support the settlement.  At Plaintiff’s request, the hearing on the motion was continued to October 23, 2018.

On October 17, 2018, Plaintiff filed a number of supplemental declarations which the court has reviewed.  The court finds the declarations provide sufficient additional information to address the court’s concerns raised in its October 16, 2018 order.  Accordingly, the court finds the settlement to be reasonable under the California Labor Code Private Attorneys General Act. (Labor Code 2699(l)(2)) and approves the settlement.

If no one requests oral argument, the court is prepared to sign the amended form of order and judgment lodged by Plaintiff on October 17, 2018.


This concludes the civil tentative rulings



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