Tentative Ruling Announcement
May 22, 2013
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, COURTCALL MUST be notified AND the Clerk’s Office MUST also be notified before 4:00 p.m. TODAY.
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 firstname.lastname@example.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 3.21 (b) 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 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. No Staff Reporters will be available on Tuesdays and Thursdays.
Department 22 -- Tuesdays and Thursdays only. No Staff Reporters will be available on Wednesdays and Fridays.
Department 23 -- Wednesdays and Fridays only. No Staff Reporters will be available on Tuesdays and Thursdays.
Department 24 -- Tuesdays and Thursdays only. No Staff Reporters will be available on Wednesdays or Fridays.
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 rulings for cases calendared before Judge William A. Mayhew in Department 21:
669748 – EQUABLE ASCENT FINANCIAL, LLC VS. CASTRO, JUAN – Plaintiff’s Motion to Set Aside the Notice of Settlement – GRANTED, as unopposed. The conditional dismissal filed on October 29, 2012 in this matter is hereby vacated due to Defendant’s failure to abide by the settlement agreement entered into between the parties. The matter is reinstated and a Case Management Conference is SET for September 23, 2013 at 3:00 p.m. in Department 21 of this Court.
673459 – TAWASHA, ZIYAD VS. GILLIS, THOMAS O. – Defendant Thomas O. Gillis’ Motion for Summary Judgment – DENIED. The Defendant as moving party has met his burden of establishing a prima facie showing of entitlement to judgment and the burden then shifts to Plaintiff to submit admissible evidence which raises a triable issue of material fact. The Court finds the Plaintiff has met his burden. (See particularly Plaintiff’s Separate Statement of Undisputed Facts Nos. 36-40, 43-46 and 54-56, and the Declaration of Aide Amos.) Whether a particular condition is dangerous is a question of fact, unless the evidence points unerringly to a single conclusion. Specifically, the evidence presented by Plaintiff raises at least an inference of a triable issue as to whether the condition of the Defendant’s office on the date in question was unreasonably dangerous. Therefore, the motion for summary judgment is DENIED.
674980 – ASSET ACCEPTANCE VS. TELLEZ, PAMELA – Plaintiff’s Motion for Order Establishing Admissions and for Monetary Sanctions – GRANTED, as unopposed. The Request for Admissions, requests one (1) through four (4), served on Defendant on or about August 1, 2012, are hereby deemed admitted without objection. Sanctions are awarded in favor of Plaintiff in the amount of Two Hundred and Fifty Dollars ($250.00). Defendant shall direct payment of sanctions to the office of counsel for Plaintiff, Fulton, Friedman & Gullace, LLP.
679139 – INTORF, ROGER VS. ALBRO, LYNN LUNDELL – Defendant’s Motion for Discovery of Internal Investigation and Personnel Records – GRANTED. Based on a review of the moving, opposing and reply papers, and combined with the authorization to release records signed by Officer Intorf, the Court finds Defendant has established a prima facie showing of good cause for the disclosure of the personnel records in question. The personnel records of Officer Intorf (as noticed in the Defendant's subpoena) are directly relevant to the issues and claims he raises in his complaint against the Defendant. (Evidence Code § 1043, et seq. and Haggerty vs. Superior Court (2004) 117 CA4th 1079). The Court notes the Defendant's request for sanctions against the CITY OF MODESTO for what Defendant feels is an "unmeritorious opposition" to the motion, however, the Court declines to award any sanctions under these circumstances. Therefore, the motion is GRANTED and Real Party in Interest, CITY OF MODESTO is directed to produce the subject records, accompanied by a privilege log, if required. Should the parties be unable to reach consensus on the application of privilege to certain documents, they may seek additional instruction from the Court via motion.
683328 – K.S. MATTSON PARTNERS VS. YEPEZ, HERMELINDA – Petitioner’s Petition for Judicial Declaration of Abandonment of Mobile Home – GRANTED, as unopposed. The Court finds proper notices have been given as required by statute and declares an abandonment of the mobile home as described in the petition filed herein. Further, Petitioner is entitled to reasonable damages in the sum of $6706.56, plus an award of reasonable attorney's fees and costs subject to a Memorandum of Costs and motion to tax, if any.
The following are the tentative rulings for cases calendared before Judge Timothy W. Salter in Department 22:
673867 – CISNEROZ, MICHAEL JOSEPH VS. SHAMMY, DELMA AUDREY - Plaintiff’s Motion to Continue Mandatory Settlement Conference and Trial Dates – DENIED. Based on review of the moving and opposing papers, the Court finds Plaintiff has failed to establish good cause for the continuance. The evidence reveals Plaintiff has been treated sporadically for many months and counsel knew about the potentially conflicting trial dates at the time of the Case Management Conference at which the current trial date was chosen. The settlement conference and trial dates will remain as set, as well as all other trial-related deadlines.
679083 – FEDERAL NATIONAL MORTGAGE VS. LUTTERMAN, THOMAS J. – Order to Show Cause Why a Preliminary Injunction Should not be Issued Enjoining Defendants from Evicting or Otherwise Removing Plaintiff from Possession of the Property Located at 4608 Trowbridge Lane, Salida, California 95368 - GRANTED. The Court finds that Defendant has met her burden of proof for the relief requested. (Code of Civil Procedure § 526(a) (2)) Pending resolution of Defendant’s separately filed quiet title action – Stanislaus County Superior Court Case No. 684277 – the Plaintiff herein is enjoined from evicting or otherwise removing Defendant from possession of the property located at 4608 Trowbridge Lane, Salida California 95368. The Court specifically finds that the deprivation of Defendant from possession of the property is a serious and irreparable harm for Defendant and upon a balancing of the hardships between the parties, the Court finds them tipped in favor of the preliminary injunction at this time. Therefore, the preliminary injunction shall issue, enjoining Plaintiff and its agents, servants, employees and representatives from evicting or otherwise removing Defendant from possession of the property located at 4608 Trowbridge Lane, Salida California 95368, while this action is pending or until further Order of this Court.
Further, in order to protect Plaintiff from any damages that may be sustained should it be determined at a later date that the Defendant was not entitled to the injunction, the Defendant shall make regular monthly payments of $1600.00 on the 1st of each month, beginning with June 1, 2013. Defendant’s payments shall be directed to: Law Offices of Les Zieve, on behalf of Plaintiff Federal National Mortgage Association.
The following are the tentative rulings for cases calendared before Judge Hurl W. Johnson in Department 23:
677605 – ST. MARY’S HOLY CATHOLIC CHURCH VS. BENJAMIN, APREM – Plaintiff St. Mary’s Holy Apostolic Catholic Church of the East’s Motion to Consolidate Case Nos. 677605, 677731 and 679548 – GRANTED. Based on the moving papers and good cause shown therein, the Court finds the three actions in question – Stanislaus County Superior Court Case Nos. 677605, 677731 and 679548 - do involve common questions of law and fact, as well as the same parties and/or related parties. The core issue in each case is the same: i.e. which party or parties should have control of the Hughson church known as St. Mary’s Holy Apostolic Catholic Church of the East. Consolidation will allow the cases to be tried together in order to avoid potential conflicting decisions, duplication and unnecessary costs and expenditures. In that regard, the motion to consolidate is granted and the controlling case number will be # 677605. All further papers/pleadings shall be filed under the controlling case number. The Case Management Conference scheduled for May 22, 8:30 a.m. in Department 23 on Case No. 677605 is CONTINUED on the Court’s own motion to July 1, 2013, at 9:00 a.m. in Department 23 for a further case management conference on the consolidated case. All pending discovery shall be scheduled, noticed and conducted in a manner consistent with the Court’s order regarding consolidation.
679815 – COLE, VALERIE VS. NIEVE, MELISSA – Defendants’ Motion to Compel Verified Answers to Form Interrogatories Set One, Special Interrogatories Set One, and Verified Responses to a Request for Production of Documents, Set One – GRANTED as unopposed. Plaintiff Valerie Cole is directed to serve her full and complete verified responses to the First Set of Form Interrogatories, First Set of Special Interrogatories and Demand for Production of Documents, Set One, as propounded on her by Defendant on or about January 17, 2013. Said responses are due within twenty (20) days from the date of notice of entry of this order. Objections are deemed waived. Sanctions are awarded in favor of Defendant in the amount of $690.00. Plaintiff shall direct payment of sanctions to the office of counsel for Defendant, MacMorris & Carbone.
682214 – K.S. MATTSON PARTNERS VS. ARIAS, ROSA – Petition for Judicial Declaration of Abandonment - GRANTED, as unopposed. The Court finds proper notices have been given as required by statute and declares an abandonment of the mobile home as described in the petition filed herein. Further, Petitioner is entitled to reasonable damages in the sum of $4,628.52, plus an award of reasonable attorney's fees and costs subject to a Memorandum of Costs and motion to tax, if any.
The following are the tentative rulings for cases calendared before Judge Roger M. Beauchesne in Department 24:
**There are no tentative rulings for Department 24**