Civil Tentative Rulings
Civil Tentative Rulings Announcement
CIVIL TENTATIVE RULING ANNOUNCEMENT
If the Tentative Ruling in your case is satisfactory, you need not appear at the scheduled time, the ruling becomes final, and the prevailing party prepares the order.
However, if you are not satisfied with the Tentative Ruling, and wish to appear and argue the matter, YOU MUST NOTIFY the Clerk’s Office and opposing counsel of your intent before 4:00 p.m. TODAY. If a TELEPHONIC HEARING is requested per CCP §367.5, you MUST register online to appear telephonically using Vcourt.
When doing so, you must indicate as to which issue(s) and/or motion(s) a hearing is being requested. If requesting a hearing for clarification of a tentative ruling, specify what matter(s) and/or issue(s) need clarification.
You may request a hearing by calling the calendar line at (209) 530-3162 or the main line at (209) 530-3100, prior to 4:00 p.m. - OR- by e-mailing at civil.tentatives@stanct.org Email requests must be made prior to 4:00 p.m. AND confirmed by return e-mail. If you do not receive confirmation e-mail from the clerk, you MUST call (209) 530-3162 to request your hearing.
Please refer to Local Rule of Court 3.12 concerning Court reporter fees.
If a Hearing is required or you have requested a Hearing for a Law and Motion Matter Scheduled in Department 21, 22, 23 or 24 in Modesto, please contact the Court Reporter Coordinator at (209) 530-3105 or ctreport@stanct.org to request a reporter and determine availability. If a Staff Reporter is not available, you may need to provide your own.
Effective April 2, 2012
Staff Court Reporters may be available, though it is not guaranteed, to report law and motion matters on the following schedule:
Department 21 - Wednesdays and Fridays only. Staff Reporters may be available on Tuesdays and Thursdays. Please call to confirm.
Department 22 - Tuesdays and Thursdays only. Staff Reporters may be available on Wednesdays and Fridays. Please call to confirm.
Department 23 - Wednesdays and Fridays only. Staff Reporters may be available on Tuesdays and Thursdays. Please call to confirm.
Department 24 - Tuesdays and Thursdays only. Staff Reporters may be available on Wednesdays or Fridays. Please call to confirm.
If a Staff Reporter is not available, counsel can make arrangements to have their hearing reported by a private CSR. Please contact the Court Reporter Coordinator at (209)530-3105 to request a Staff Reporter and to determine if a Staff Reporter will be available for your hearing
The following are the tentative rulings for cases calendared before Judge John R. Mayne in Department 21:
***There are no Tentative Rulings for Department 21***
The following is the tentative ruling for a case calendared before Judge Stacy P. Speiller in Department 22:
PR-25-001212 - ESTATE OF HEANEY, PATRICK - Petitioners Amanda Heaney and Tina Heaney’s Motion to Compel Accounting - DENIED.
Movants seek relief that is ordinarily requested by petition under the Probate Code, not by motion. In addition, movants have not established statutory authority to compel an estate accounting from Monica Wagner under Probate Code § 10950 where no personal representative has been appointed and no letters have issued. To the extent movants seek a trust accounting, the request is not supported by facts identifying a trust or trustee or establishing a basis for trust relief in this proceeding, and such relief is ordinarily pursued by a petition filed pursuant to Probate Code section 17200 in a separate trust case.
Accordingly, the motion to compel an accounting is DENIED.
The following are the tentative rulings for cases calendared before Judge Marie Silveria sitting on assignment in Department 23:
CV-23-001506 - DOE, JOHN vs STANISLAUS COUNTY - Defendant’s Motion to Compel Plaintiff John Doe’s Deposition and Request for Sanctions - HEARING REQUIRED.
The Court finds Plaintiff’s information to be insufficiently vague with regard to the details of his treatment program and the relationship of the same to his unavailability for the previously noticed deposition proceeding. Counsel shall be prepared to provide additional information and substantiation of Plaintiff’s claim of unavailability, including but not limited to the dates Plaintiff entered the program and is expected to complete it, whether the facility will allow for legal proceedings to be conducted at any time, etc. Assuming Plaintiff can provide sufficient information in this regard, counsel shall also be prepared to meet and confer regarding the rescheduling of the deposition proceeding.
CV-23-007528 - ARROYO, GUADALUPE vs CITY OF MODESTO - a) Defendant’s Motion to Compel Responses to Requests for Production of Documents, Set Two, and Request for Monetary Sanctions - CONTINUED, on the Court’s own motion, to March 25, 2026 at 8:30 a.m. in Department 23; b) Defendant’s Motion to Compel Responses to Special Interrogatories, Set Two, and Request for Monetary Sanctions - CONTINUED, on the Court’s own motion, to March 25, 2026 at 8:30 a.m. in Department 23.
a-b) These matters are CONTINUED, on the Court’s own motion, to March 25, 2026 at 8:30 a.m. in Department 23, to be heard concurrently with the related motions set for hearing at that time.
CV-24-009609 - MOZQUEDA, JORGE ANTONIO vs SUBARU OF AMERICA INC - Plaintiff’s Motion for Attorney Fees, Costs and Expenses - GRANTED, in part; CONTINUED, on the Court’s own motion, to April 24, 2026 at 8:30 a.m. in Department 23.
The Court finds that Plaintiff is the prevailing party in this action and is entitled to recover his reasonable attorney’s fees and costs as a result. (Civ. Code § 1794(d).)
However, Plaintiff has not provided sufficient information for the Court to calculate the lodestar figure, which is fundamental to the determination of the amount to be awarded and therefore mandatory. (Serrano v. Priest (Serrano III) (1977) 20 Cal.3d 25, 48; Press v. Lucky Stores, Inc. (1983) 34 Cal.3d 311, 322-324.) Specifically, the Court finds that the motion does not adequately set forth the total number of claimed hours for each biller who performed services on the matter at the claimed hourly rate(s) for such services.
Therefore, Plaintiff is instructed to submit a supplemental declaration providing the above-described information for the Court’s use in evaluating and calculating a lodestar figure. Such declaration shall be submitted no later than April 17, 2026 for the Court’s consideration in advance of the continued hearing.
CV-25-009269 - EVITT, KENNETH BRYAN vs CITY OF MODESTO - Defendant County of Stanislaus’s Demurrer to Each Cause of Action of Plaintiff’s Complaint - CONTINUED, on the Court’s own motion, to April 14, 2026 at 8:30 a.m. in Department 23, to be heard concurrently with the City of Modesto’s demurrer.
The following are the tentative rulings for cases calendared before Judge Sonny S. Sandhu in Department 24:
***There are no Tentative Rulings for Department 24***
The following are the tentative rulings for cases calendared before Commissioner Jared D. Beeson in Department 19 located at the Turlock Division at 300 Starr Avenue, Turlock, CA:
UD-25-001354 - DURAN, GARRIO vs TORRES, GERARADO - Defendant’s Motion to Set Aside Default & Default Judgment - HEARING REQUIRED.
UD-25-001379 - THOMPSON, JOSEPHINE vs NELSON, KESLEE - Defendant’s Motion to Set Aside Default & Default Judgment - HEARING REQUIRED.
UD-26-000090 - PARK, JIHYEN vs WILLIAMS, CHELSIE LYNNE - Defendant’s Motion to Set Aside Default & Default Judgment - HEARING REQUIRED.