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 ruling for cases calendared before Judge John R. Mayne in Department 21:
***There are no Tentative Rulings in Department 21***
The following are the tentative rulings for cases calendared before Judge Stacy P. Speiller in Department 22:
***There are no Tentative Rulings in Department 22***
The following are the tentative rulings for cases calendared before Judge John D. Freeland in Department 23:
CV-22-005508 – DOE, JOHN vs DOE 1 – Plaintiff’s Motion for Protective Order – DENIED, without prejudice.
The Court notes that proof of service demonstrates electronic service on 5-22-24. As Defendant Taylor is self-represented, his consent is necessary in order to validate service by this method. (Code Civ. Proc. § 1010.6(c).) The Court’s file does not contain evidence of such consent; therefore, the Court cannot conclude that electronic service was proper in this instance.
CV-24-001335 – CHAVEZ, CRISTOBAL V vs GROVER LANDSCAPE SERVICES INC – Defendant County of Stanislaus’s Demurrer to Plaintiffs’ First Amended Complaint – SUSTAINED, with leave to amend, and unopposed.
While the Court will grant leave to amend in this instance despite Plaintiffs’ failure to oppose, Plaintiffs are cautioned that it is their burden to demonstrate how additional factual allegations can overcome the demurrer. Therefore, future failures to oppose dispositive motions could result in Plaintiffs losing the right to amend the pleading to attempt to allege additional facts to support the stated cause of action.
Lastly, Plaintiffs are ordered to not attach photographs of the decedent’s body to future pleadings.
CV-24-002399 – CHAVEZ, LEAH vs C&S DRAPERIES INC – Defendants’ Motion to Strike Portions of Plaintiff’s Complaint - DENIED.
As a preliminary matter, the Court notes that Defendants failed to submit a declaration describing meet-and-confer efforts, as required by Code Civ. Proc. § 435.5. While the Court will consider the merits of the motion in this instance despite this failure, defense counsel is reminded to observe the statutory requirements for future law and motion proceedings.
The Court finds that the Complaint sufficiently alleges facts describing fraudulent conduct within the parameters of Civ. Code § 3294.
Further, Plaintiff’s request that the instant motion be stricken and Defendants’ defaults entered is DENIED. The request was not properly made as a noticed motion pursuant to the requirements of Code Civ. Proc. § 1005(b). Moreover, it appears to the Court that Defendants’ motion was submitted prior to Plaintiff’s request for default and was therefore submitted “within further time as allowed” pursuant to Code Civ. Proc. § 585(a).
The following are the tentative rulings for cases calendared before Judge Sonny S. Sandhu in Department 24:
CV-21-000751 – POLE, NICHOLAS vs WALMART STORES INC – Defendant Walmart, Inc’s Motion for Terminating Sanctions – HEARING REQUIRED.
The Court notes that at the last hearing, Plaintiff informed the Court that he had recently retained Counsel. The Court also notes that Plaintiff’s Counsel filed a Substitution of Attorney on July 8, 2024. Plaintiff’s Counsel should be prepared to address Plaintiff’s Compliance with the Court’s order.
CV-22-000189 – TOSTA, NICHOLAS vs FORMULATION TECHNOLOGY INCORPORATED – Compliance Hearing – DROPPED
The Court notes the submission of the Settlement Administrator’s declaration demonstrating compliance with the terms of the subject settlement. Of the Gross Settlement Amount of $313,953.39 Aggrieved Employees, Class Counsel, Class Representative and Class Administrator have received their payments per said Settlement. Payment has also been made to the LWDA per said Settlement. Twenty-Eight (28) uncashed checks totaling $12,873.86 are to be paid to the California State Controller’s Office per said Settlement. Therefore, no hearing is necessary.
Class counsel is directed to submit an amended form of judgment reflecting the amount of settlement payments to class members that remain uncashed.
CV-22-004332 – ARNOLD, KIMBLY vs STEARNS LENDING SERVICES LLC – Defendant Loancare LLC’s Motion to Dismiss for Failure to Amend - DENIED.
Following the filing of Plaintiffs’ First Amended Complaint, Defendant’s Motion is denied.
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-24-000112 – FREEDOM MORTGAGE CORPORATION vs JACKSON, MARSHA – Motion for Summary Judgment/Adjudication – HEARING REQUIRED.
UD-24-000409 – LAZCANO, MANUEL vs ZAMORA, EBERARDO – Motion for Stay of Unlawful Detainer Case While Case for Specific Performance for Sale of Property to Defendant is Pending – HEARING REQUIRED.