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 is the tentative ruling for a case calendared before Judge Stacy P. Speiller in Department 22:
CV-24-003735 – ENRIQUEZ, HECTOR vs SPRUELL, JAMIKA – Defendant’s Motion for leave to File-Cross-Complaint - GRANTED, and unopposed.
The Court GRANTS Defendant’s unopposed motion for leave to file her cross-complaint. Defendant is ordered to file a copy of the proposed cross-complaint (attached as Exhibit 1 to the 6/27/24 Declaration of Megan D. Johnson) within five court days. The cross-complaint shall be served by August 30, 2024. Defendant is further ordered to submit a proposed order that comports with this ruling within five court days.
Due to the interruption of telephone service as a result of an outage, any party requesting a hearing must make the request via email to the court clerk. If V-Court is not available and an in-person appearance is not possible, appearance must be via Zoom. Sign-up information for Zoom will be available on the court’s website.
The following is the tentative ruling for a case calendared before Judge John D. Freeland in Department 23:
CV-22-004006 – GALLO, EMELIA vs COHN, ARTHUR – Plaintiff’s Motion for Attorney’s Fees and Costs – DROPPED, at the request of the moving party.
The following are the tentative rulings for cases calendared before Judge Sonny S. Sandhu in Department 24:
CV-21-005695 – CHARRAEE, ZAHRA vs TRADER JOES COMPANY – Defendant’s Motion to Compel Compliance with Deposition Subpoena for Production of Business Records of Employment Development Department – CONTINUED, on the Court’s own motion.
Based on the EDD’s claims of inadequate meet and confer by Defendants relative to the “complex nature of unemployment laws, the issue of confidentiality and the lack of previous interaction between Defendants and EDD”, the Court is of the view that the parties would benefit from further meet and confer.
Counsel to submit a Joint Status Statement five (5) days prior to the hearing detailing the status of the issues that remain.
This matter is continued to August 30, 2024, at 8:30 am in Department 24.
CV-22-003529 – AHLUWALIA, NIRMAL KUMAR vs KHACHO, ESAM – Defendant and Cross-Complainant Esam Khacho’s Motion for Summary Judgment or Summary Adjudication – MOOT.
In view of the Court’s granting of Plaintiff’s Motion to be Relieved from Deemed Admissions, on which deemed admissions Defendant’s Motion for Summary Judgment is founded, this motion is moot.
CV-23-003513 – LOPEZ, JOSE vs SILVA, ANTHONY JOHN LEWIS – Defendant’s Motion to Strike Portions of the Complaint – GRANTED.
Plaintiffs’ complaint fails to allege facts demonstrating any negligence on the part of moving Defendants and fails to allege facts that demonstrate malice; a conscious disregard of the safety of others such as the decedent, or that demonstrate despicable conduct by the moving Defendants; “conduct that is so vile, base, contemptible, miserable, wretched, or loathsome that it would be looked down upon and despised by ordinary decent people”, that would support a claim for punitive damages. (Cal. Civ. Code §§ 436 and 3294(c)(1); College Hospital Inc. v. Superior Court (1994), 8 Cal.4th 704, as modified; King v. U.S. Bank Nat'l Ass'n, (2020), 53 Cal. App. 5th 675, as modified on denial of reh'g (Aug. 24, 2020); (Am. Airlines, Inc. v. Sheppard, Mullin, Richter & Hampton, (2002) 96 Cal. App. 4th 1017).
Overall, as currently pled, this is not a case in which a jury could determine by clear and convincing evidence that punitive damages are warranted.
Accordingly, Defendant’s motion to strike is hereby granted, with leave to amend.
Plaintiff’s request for attorney fees and costs 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:
***There are no Tentative Rulings in Department 19***