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Civil Tentative Rulings

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.

Requesting a Hearing 

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.

Coordinating Court Reporter 

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 to request a reporter and determine availability. If a Staff Reporter is not available, you may need to provide your own.

Unlawful Detainers

Court Reporting is not provided for Unlawful Detainer case types; however, you may provide your own court reporter for unlimited Unlawful Detainer cases only.

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.

Current Tentative Rulings

February 3, 2023

 

 

The following are the tentative rulings for a case 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-22-002868 – FLOWERS, MICHELLE vs SAVE MART SUPERMARKET – a) Defendant Save Mart Supermarket LLC’s for Order Deeming Admitted Truth of Fact and Imposing Monetary Sanctions – GRANTED, and unopposed; b) Defendant Save Mart Supermarket LLC’s Motion to Compel Plaintiff to Provide Verifications and Further Verified Responses to Request for Admissions (Set One); and Request for Monetary Sanctions – DENIED, as MOOT.

 

a) The Court finds that Plaintiff’s unverified responses to the subject discovery are the equivalent of no response at all. (Allen-Pacific, Ltd. v. Superior Court (1997) 57 Cal.App.4th 1546, 1551.) Accordingly, the Court has no discretion but to grant Plaintiff’s request.  (Ibid.; Code Civ. Proc. §2033.280(c).) The matters contained in Request for Admissions, Set One, are deemed admitted. 

 

The Court further finds that Defendant is entitled to an award of monetary sanctions in connection with this motion. (Code Civ. Proc. §§2033.280(c), 2023.010(d), 2023.030(a); Cal. Rules of Ct., rule 3.1348(a).) Therefore, monetary sanctions in the amount of $142.50 are awarded against Plaintiff, payable to defense counsel.

 

(b) The motion is moot in view of the Court’s ruling on the concurrent motion to deem matters admitted.

 

 

UD-22-001342 – ASSYRIAN AMERICAN CIVIC CLUB EDUCATIONAL FOUNDATION vs TURLOCK ADULT DAY CARE HEALTH CENTER INC – Demurrer – SUSTAINED, with leave to amend.

 

The Court finds that the Complaint fails to state facts sufficient to support Plaintiff’s standing to bring the subject action and that it is uncertain. (Code Civ. Proc. §§430.10(e),(f).) 

 

Plaintiff shall submit an amended pleading within 10 days.

 

 

The following are the tentative rulings for cases calendared before Judge Sonny S. Sandhu in Department 24:

 

 

CV-21-001296 – SHAW, NOLAN vs SOZA, ASHLEIGH – Defendant’s Motion for Leave to File First Amended Answer – GRANTED.

 

The Court has discretion to allow amendments to pleadings and such amendments are liberally encouraged to see to it that justice is done.  (McKee v. Mires (1952) 110 Cal.App.2d 517).

 

Good cause existing, Defendant’s application for Leave to Amend is hereby granted.

 

Defendant is hereby required to file the amended pleading within seven (7) days of this decision.

 

 

CV-21-002576 – FRANCIS, ROBERT vs MANGANTE, TROY – Plaintiff’s Motion for Continuation of Action by Successor in Interest of Plaintiff’s Estate – GRANTED.

 

Good cause existing, Carol Francis’s application to be substituted for Robert Francis in the instant action in her capacity as the successor in interest to his estate is hereby granted. (California Code of Civil Procedure CCP §§ 377.20, 377.21, 377.30 & 377.31)

 

Accordingly, Carol Francis is hereby substituted in for Robert Francis in the instant action as his successor in interest.

 

 

CV-22-004748 – GIBSON, FAHAMISHA vs CHARTWAY FEDERAL CREDIT UNION – Defendant Troeux R & I LLC’s Motion to Strike Allegations in Plaintiff’s Complaint – CONTINUED.

 

The Court finds that Defendant Troeux LLC did not submit an accompanying declaration with the present application reporting the results of a meet and confer between the parties. This is contrary to the requirements of California Code of Civil Procedure Section 435.5.(a)(3). 

 

Accordingly, the Court requires the parties to meet and confer prior to the Court’s consideration of the merits of Defendant’s instant application. (California Code of Civil Procedure Section 435.5.(c))

 

The Court hereby orders the parties to meet and confer regarding the instant application and to file a joint stipulation, five (5) days before the next continued hearing on this application, specifying what issues remain unresolved between the parties.

 

This matter is hereby continued on the Court’s own motion to February 22, 2023, at 8:30 am in Department 24. 

 

The CMC scheduled for February 21, 2023 is vacated and continued to June 12, 2023 at 8:30 a.m. in Dept. 24.

 

 

The following is the tentative rulings for a case calendared before Commissioner Jared D. Beeson in Department 19 located at the Turlock Division at 300 Starr Avenue, Turlock, CA:

 

 

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

 

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