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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

October 6, 2022

 

 

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

 

 

CV-21-006040 – LUMBLEY, DEBRA vs A AND D TOWING AND RECOVERY INC – a) Defendant A and D Towing and Recovery Inc.’s Motion to Compel Plaintiff’s Responses to Form Interrogatories, Set One – GRANTED, and unopposed; b) Defendant A and D Towing and Recovery Inc.’s Motion to Compel Plaintiff’s Responses to Special Interrogatories, Set One – GRANTED, and unopposed; c) Defendant A and D Towing and Recovery Inc.’s Motion to Compel Plaintiff’s Requests for Production of Documents, Set One – GRANTED, and unopposed.

 

Motions (a) – (b):  The Court finds that each motion was properly noticed and timely served, that no opposition was filed by Plaintiff and that no responses were timely served by Plaintiff.  Accordingly, Plaintiff is ordered to serve complete and verified responses, without objections, within fifteen (15) days of this Order. 

 

Motion (c):  The Court finds that this motion was properly noticed and timely served, that no opposition was filed by Plaintiff and that no statement of compliance or documents were timely served by Plaintiff.  Accordingly, Plaintiff is ordered to provide complete and verified responses, without objections, and to produce all responsive documents, within fifteen (15) days of this Order.  If Plaintiff claims an inability to comply as to any request, Plaintiff shall further aver that a diligent search and reasonable inquiry has been made in an effort to locate the responsive documents and that the reason for the inability to comply is that the document never existed, has been lost, stolen or destroyed, or is no longer in the possession, custody or control of Plaintiff, in which case Plaintiff must state the name and address of anyone believed to have the responsive document(s).

 

Plaintiff shall pay to Defendants’ counsel as discovery sanctions for each motion the sum of $430, consisting of two hours of counsel’s time at the rate of $185 per hour, plus a filing fee of $60, or $1,290 in total.  The additional two hours request by Defendants’ counsel for review and response to the opposition appear unnecessary because Plaintiff filed none, and if there is a hearing it should be brief. Defendants’ counsel shall prepare the orders.

 

 

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

 

 

2026937 – WORLD INTERNATIONAL LLC vs SOUZA, JOSEPH O – Plaintiff’s Attorney’s Motion to be Relieved as Counsel – GRANTED.

 

Louis A. Gonzalez Jr. of Weintraub, Tobin, Chediak, Coleman, Grodin, is relieved as counsel for plaintiff World International, LLC, effective upon the filing of the proof of service of the signed order upon World International, LLC.

 

 

CV-21-002840 – WESTERN HILLS WATER DISTRICT vs WORLD INTERNATIONAL LLC – Defendant World International LLC’s Attorney’s Motion to Be Relieved as Counsel – GRANTED. 

 

Louis A. Gonzalez Jr. of Weintraub, Tobin, Chediak, Coleman, Grodin, is relieved as counsel for defendant World International, LLC, effective upon the filing of the proof of service of the signed order upon World International, LLC.

 

 

CV-21-003177 – WESTERN HILLS WATER DISTRICT vs ANGELS CROSSING LLC – Defendant World International LLC’s Attorney’s Motion to be Relived as Counsel – GRANTED. 

 

Louis A. Gonzalez Jr. of Weintraub, Tobin, Chediak, Coleman, Grodin, is relieved as counsel for defendant World International, LLC, effective upon the filing of the proof of service of the signed order upon World International, LLC.

 

 

The following are the tentative rulings for cases calendared before Judge John D. Freeland in Department 23:

 

 

CV-19-004058 – VILLAGOMEZ, MAYRA vs AGEMARK CORPORATION – Plaintiffs’ Motion for Final Approval of Class Action Settlement – CONTINUED, on the Court’s own motion, to October 13, 2022 at 8:30 a.m. in Department 23.

 

The motion is continued to be heard concurrently with the Motion for Attorneys’ Fees, Costs and Expenses, and Representative Enhancement Payment on October 13, 2022.

 

 

CV-20-004790 – JOHNSEN, AMBER vs COUNTY OF STANISLAUS – Plaintiffs’ Motion to Continue Trial – HEARING REQUIRED.

 

The Court requires more information about Ms. Johnsen’s anticipated future availability as it relates to the length of the continuance requested herein.  Counsel shall be prepared to provide information relative to this issue.

 

 

CV-21-001137 – CAIN, TISHA MARIE vs HUGHES, JEFFREY – Defendants’ Motion for Mandatory Attorneys’ Fees and Costs – GRANTED.

 

The Court previously found that Defendant Hughes is entitled to recover attorney’s fees and costs as provided in Code Civ. Proc. §425.16(c). Based on the supplemental evidence submitted by the defendant, the Court now determines that the proper total amount of the award in this regard to be $6,642.39.

 

 

CV-21-001141 – CAIN, TISHA MARIE vs LOPEZ, MARIO R, JR – Defendants’ Motion for Mandatory Attorneys’ Fees and costs – GRANTED.

 

The Court previously found that Defendant Lopez is entitled to recover attorney’s fees and costs as provided in Code Civ. Proc. §425.16(c). Based on the supplemental evidence submitted by the defendant, the Court now determines that the proper total amount of the award in this regard to be $6,898.39.

 

 

The following is the tentative ruling for a case calendared before Judge Sonny S. Sandhu in Department 24:

 

 

CV-22-002993 – TORRES, CATARINO, JR vs MOTOR VEHICLES CALIFORNIA DEPARTMENT OF – Petition for Alternative Writ of Mandamus, Stay of Proceedings – DENIED

 

The Court finds Petitioner has failed to establish by a preponderance of the evidence that the decision of the DMV to suspend his driving license is unsupported by the preponderance of the evidence. The Court finds the evidence adduced at the hearing on April 4, 2022, substantially supports the Hearing Officer’s finding that Petitioner is a Negligent Operator of a Motor Vehicle. Furthermore, the Hearing Officer’s findings warranted suspension of Petitioner’s driving privileges. Petitioner’s application for Writ of Mandate is therefore DENIED.

 

The Court notes however that Petitioner is eligible to submit for a reexamination to reestablish his driving privilege pursuant to Vehicle Code 12807(b). Petitioner’s suspension was effective as of September 20, 2021 and because no period of suspension is prescribed, he is eligible for reinstatement after one year.

 

The stay of revocation of Petitioner’s license issued by the Court on 8/22/22 is hereby vacated.

 

 

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

 

 

UD-22-001123 – COMMONS LP vs HARVERY, EMILEE – Defendants’ Motion to Set Aside the Judgment and any Default, and to Quash any Writ of Possession/Execution – HEARING REQUIRED.

 

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