Civil Tentative Rulings

October 23, 2026

The following are the tentative rulings for cases calendared before Judge John R. Mayne in Department 21:

CV-26-000704 - CORREIA, BRIANNA vs INNOUT BURGERS – a) Defendant’s Demurrer to Plaintiff’s First Amended Complaint– DROPPED. b) Defendant’s Motion to Strike Portions of Plaintiff Brianna Correia’s First Amended Complaint – DROPPED.

At the request of Defendant, the demurrer and motion to strike are withdrawn.

CV-26-002887 – HARO, LUZ vs CHEEK, JONAH JOHN – Plaintiff Luz Haro’s Motion for Leave to File First Amended Complaint – GRANTED and unopposed.

On September 22, 2026, Plaintiff filed a motion for leave to file first amended complaint pursuant to Code of Civil Procedure sections 473(a)(1), 474, and 576, and California Rules of Court, rule 3.1324, on the grounds that the amendment is in the furtherance of justice.

“The court may . . . in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code.” (Code Civ. Proc., § 473.) “Any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order.” (Code Civ. Proc., § 576.) “Such amendments generally may occur ‘at any time before or after commencement of trial, in the furtherance of justice’ (§ 576) so long as the amendments do not raise new issues against which the opposing party has had no opportunity to defend. [Citations.]” (Doe v. Second Street Corp. (2024) 105 Cal.App.5th 552, 577.)

Here, Plaintiff seeks leave to file a first amended complaint to substitute in two Defendants for Doe Defendants based on information learned during discovery. Trial is set for June 15, 2027, which is a little over seven months from now. Counsel should meet and confer with defense counsel to discuss whether the trial date can be maintained.

CV-26-04110 - GROWER DIRECT NUT COMPANY vs GREAT HOST INTERNATIONAL INC – Defendant’s Motion to Vacate Default and Default Judgment – GRANTED.

Pursuant to Code of Civil Procedure section 473.5, Defendant’s unopposed motion to vacate default and default judgment is GRANTED. The Court sets aside and vacates the default entered on June 11, 2026, and the default judgment entered by the Court on June 23, 2026. The Court will modify and sign the proposed order. Defendant to file its proposed answer within five court days of service of the signed order. Plaintiff to give notice by at least electronic service and mail.

On September 23, 2026, Defendant filed and served electronically a motion to vacate default and default judgment pursuant to Code of Civil Procedure sections 473.5, 473(d), and 473(b). There is no opposition in the Court file.

“When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against the party in the action, the party may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against the party; or (ii) 180 days after service on the party of a written notice that the default or default judgment has been entered.” (Code Civ. Proc., § 473.5(a).)

“A notice of motion to set aside a default or default judgment and for leave to defend the action . . . shall be accompanied by an affidavit showing under oath that the party’s lack of actual notice in time to defend the action was not caused by the party’s avoidance of service or inexcusable neglect. The party shall serve and file with the notice a copy of the answer, motion, or other pleading proposed to be filed in the action. (Code Civ. Proc., § 473.5(b).)

Defendant submitted a declaration stating it did not receive actual notice in time to defend the action. The proof of service indicates service on a person in charge of Defendant’s office and subsequent mailing of the documents pursuant to Code of Civil Procedure section 415.20. However, Defendant declares that it never had notice of the case until after the entry of default judgment. Defendant further declares that the lack of notice was not due to Defendant’s avoidance of service or inexcusable neglect.

The motion is timely. Plaintiff served written notice of the entry of default and default judgment on mail on June 23, 2026. The motion was filed on September 23, 2026, which is within 180 days of service. 

CV-26-007127 - MADRIGAL, GUADALUPE vs HUTSELL, CYNTHIA – Defendant Cynthia Hutsell’s, Individually, Demurrer to Plaintiff’s Complaint – HEARING REQUIRED.

The Court has no opposition on file. The Court intends to require that notices of related case be issued, and has questions on jurisdictional issues between this court and the probate division. 

The Court believes the demurrer is meritorious and is likely to sustain without leave to amend.

The following are the tentative rulings for cases calendared before Judge Stacy P. Speiller in Department 22:

9000308 - EASLEY, ERIN VS INSTITUTE OF TECHNOLOGY – Compliance Hearing – CONTINUED to December 4, 2026, at 8:30 am in Department 22.

Having reviewed and approved the stipulation recently submitted by the parties, this matter is CONTINUED to December 4, 2026, at 8:30 am in Department 22. Class Counsel is directed to submit a proposed amended judgment within five court days. The Settlement Administrator is directed to file and serve its final compliance declaration no later than November 20, 2026.

CV-22-005389 - PONCE, NORMA vs SUPHERB FARMS – Compliance Pursuant to Code CIV Proc. 384 – DROPPED.

Having already reviewed and considered the declaration of the Settlement Administrator that was filed on September 4, 2026, and having signed the Amended Order Granting Final Approval of Class Action Settlement and Entering Final Judgment, the Court finds that the parties have complied with the terms of the settlement. This compliance hearing is therefore DROPPED. No appearance is required.

CV-23-002747 - COUNTY OF STANISLAUS vs MARTIN FAMILY HOLDINGS LLC – a) Plaintiff’s Motion for Court Determination of Evidentiary Issue Affecting Compensation- DROPPED. b) Plaintiff’s Motion for Court Determination of Legal and Evidentiary Issue Affecting Compensation – DROPPED.

a – b)

In light of the notice of settlement recently submitted in this case, the hearings on these motions are DROPPED.

CV-26-008879 - In Re STEHLE, JULIAN – Petitioner’s Verified Petition for Approval for Transfer of Payment Rights - CONTINUED to November 20, 2026, at 8:30 am in Department 22.

The petition of J.G. Wentworth Originations, LLC for approval of transfer of structured settlement payment rights is CONTINUED to November 20, 2026, at 8:30 am in Department 22. No later than nine court days before the continued hearing, petitioner shall file and serve a supplemental declaration from payee Julian Stehle addressing: (1) his spouse’s income and other household resources; (2) the balance, interest rate, and monthly payment on the car loan, and the amount of the proposed proceeds to be applied to that debt; (3) the household’s monthly income and expenses; (4) his job-search efforts and anticipated period of unemployment; (5) alternatives considered to meet the stated needs; (6) whether he was satisfied with each prior structured-settlement transfer; (7) the identity of the transferee and circumstances of the petition denied in September 2021; and (8) whether he attempted any transfer with a different transferee within the past five years. Petitioner shall also lodge a revised proposed order accurately reflecting that the present transfer, together with the prior transfer, exhausts the January 12, 2030 annuity payment.

The Court defers the findings required by Insurance Code section 10139.5, subdivision (a), pending the supplemental showing. The Court further advises Mr. Stehle that it may defer or deny approval if it concludes that he does not fully understand the transaction or should obtain independent legal or financial advice. (Ins. Code, § 10139.5, subd. (b)(14).)

The following are the tentative rulings for cases calendared before Judge Clifford Tong in Department 23:

CV-26-002425 – WELLS FARGO BANK NA vs CIPRIAN, ANA A - Plaintiff's Motion to Deem Requests for Admissions Admitted and of Nonappearance – GRANTED, and unopposed.

The Court finds that Defendant has failed to respond to the subject discovery entirely and objections have been waived. (Code Civ. Proc. § 2033.280(a).)  Accordingly, the Court has no discretion but to grant Plaintiff’s request.  (Code Civ. Proc. § 2033.280(c); St. Mary’s v. Superior Court (Schellenberg) (2014) 223 Cal.App.4^th 762, 777-778.). The matters contained in Request for Admissions, Set One, are deemed admitted. 

The Court will sign the proposed order submitted by Plaintiff.

CV-25-007785 - JIMENEZ, MARIA vs MAGIC JANITORIAL SOLUTIONS INC - Plaintiff's Motion for Preliminary Approval of Class and Representative Action Settlement – GRANTED, and unopposed.

The Court finds the proposed settlement is within the range of reasonableness and is presumptively valid, subject to any objections presented at the final fairness hearing and final approval by the Court.

Good cause appearing, the Court provisionally certifies the settlement class under Code of Civil Procedure section 382 and California Rules of Court, rule 3.769(c). The class counsel, class representative, and claims administrator are hereby preliminarily approved and appointed as set forth in the motion.

The proposed class notice and notice plan are approved, subject to correction of the incomplete administration-expense figure and administrator information and revision of all blank dates.

The Court sets the following deadlines:

November 13, 2026	Defendant shall provide the Class Data to the Administrator.
November 27, 2026	Administrator shall mail the Class Notice.
January 11, 2027	Deadline for objections, requests for exclusion, and disputes concerning workweeks or PAGA pay periods, subject to the additional 14-day period for remailed notices.
February 9, 2027	Deadline to file the motion for final approval and requests for fees, costs, enhancement, administration expenses, and PAGA approval.
March 5, 2027	Final approval and fairness hearing at 8:30 a.m. in Department 23.

The Class Notice and proposed order shall be revised to reflect the final approval hearing date, corresponding deadlines, corrected administration amount, and complete administrator contact information.

CV-25-009992 - PAYNE, YOLANDA vs SERRANO, MARIO - Plaintiff's Motion for Leave to File First Amended Complaint - CONTINUED, on the Court’s own motion, to November 6, 2026 at 8:30 a.m. in Department 23.

Due to the large number of proposed changes to the pleading at issue in the instant motion, many of which are opposed by the defense, the Court requires a redline or tracked-changes version of the proposed First Amended Complaint, from which the Court can clearly differentiate the original allegations from the changes contained in the proposed amended pleading within the same document. Plaintiff shall submit that version of the proposed amended pleading no later than October 30, 2026 for the Court’s consideration in advance of the continued hearing.

The following are the tentative rulings for cases calendared before Judge David I. Hood in Department 24:

***There are no Tentative Rulings for Department 24***

The following is the tentative ruling for a case calendared before Commissioner Richard Moths in Department 19 located at the Turlock Division at 300 Starr Avenue, Turlock, CA:

***There are no Tentative Rulings for Department 19***