March 29, 2017

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Civil Tentative Ruling Announcement
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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, COURT CALL 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 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 3.21 (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. 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.

March 29, 2017

 

 

The following are the tentative rulings for cases calendared before Judge William A. Mayhew in Department 21:

 

 

2003588 – RAI, ANESH VS. MORRISON HOMES INC. – a) Cross-Defendant McBay Tile Inc.’s Motion for Determination of Good Faith Settlement b) Lexington Insurance Company, on behalf of itself and DP Coatings Inc.’s Motion for Determination of Good Faith Settlement –

a) GRANTED and unopposed. The Court finds the settlement entered into between Defendant and Cross-Complainant Taylor Morrison of California LLC,  as successor-in-interest to Morrison Home, Inc., and Cross-Defendant McBay Tile Inc. was entered into in good faith, and within the meaning of Code of Civil Procedure § 877.6(a)(2) and Tech-Bilt Inc. v. Woodward Clyde & Associates (1985) 38 Cal.3d 488.  It is further ordered that all past, future, actual or deemed Cross-Complaints against Cross-Defendant McBay Tile Inc. in the above-entitled matter for equitable comparative contribution, or partial or comparative indemnity are hereby DISMISSED with prejudice and forever barred.

b) GRANTED and unopposed. The Court finds the settlement entered into between Defendant and Cross-Complainant Taylor Morrison of California LLC,  as successor-in-interest to Morrison Home, Inc., and Cross-Defendant DP Coatings Inc. was entered into in good faith, and within the meaning of Code of Civil Procedure § 877.6(a)(2) and Tech-Bilt Inc. v. Woodward Clyde & Associates (1985) 38 Cal.3d 488.  It is further ordered that all past, future, actual or deemed Cross-Complaints against Cross-Defendant DP Coatings Inc. in the above-entitled matter for equitable comparative contribution, or partial or comparative indemnity are hereby DISMISSED with prejudice and forever barred.

 

 

2018920 – CRISTAL, MARK VS. PHILLIPS, NATHANIEL – Plaintiff’s Motion to Quash or Modify Deposition Subpoenas and to Stay Production of Consumer Records - Plaintiff’s Motion to Quash Deposition Subpoenas And to Stay Production of Consumer Records is DENIED on the basis that the parties have agreed to limit the records produced to those referencing the parts of Plaintiff’s body he alleges were injured in the accident.  The Court understands this to be the left ankle, left knee and lower back.  With regard to the temporal aspect of the subpoenas, the Court finds that ten (10) years prior to the date of the subpoena is appropriate.  The Court notes that a ten (10) year period prior to the date of the subpoena seems especially reasonable given the Judicial Council’s long-approved Form Interrogatories for personal injury actions seek similar information for the same period of time.  As such, it seems that a ten (10) year time frame cannot be said to run afoul of a litigant’s Constitutional rights to privacy.

 

 

The following are the tentative rulings for cases calendared before Judge Timothy W. Salter in Department 22:

 

 

***There are no tentative rulings for Department 22***

 

 

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

 

 

676824 - CACH LLC VS. JOHNSON, KAREN - Plaintiff Cach LLC's Motion for Assignment Order: Commissions and for Order Restraining Judgment Debtor - The motion of Plaintiff Cach LLC, for an assignment order concerning sales commission income, and for an order restraining judgment debtor is GRANTED.  Plaintiff shall provide the Court with a proposed order.

 

2021605 - WALTON JR., GRANT VS. RAMOS, JOSE- a) Defendant's Demurrer as to Grant Walton Jr.'s Complaint b) Defendant's Motion to Strike Punitive Damages - The demurrer of Defendant Jose Ramos is OVERRULED for failure to comply with California Rules of Court rule 3.1320(a).  Defendant’s motion to strike is GRANTED.

 

            Plaintiff has leave to serve and file a First Amended Complaint on or before April 10, 2017.

 

 

2020354 - YANEZ, NAZARIO ARIAS VS. VENOBLE, EVELYN - Plaintiff's Application to Reconsider and to Revoke Order Granting Injunction - DENIED without prejudice.  Plaintiff did not file and serve the motion a minimum of sixteen court days before the hearing.  California Code of Civil Procedure §1005(b).

 

 

The following are the tentative rulings for cases calendared before Judge Roger M. Beauchesne in Department 24:

 

 

2001843 - MELLO, CHARLES VS. FORD MOTOR COMPANY - Defendant Ford Motor Company’s Motion to Strike Portions of Plaintiffs’ Third Amended Complaint – GRANTED, without leave to amend. Civil Code § 3345 does not establish the parameters for alleging a cause of action for elder abuse, but rather, it provides enhanced civil remedies if (1) an underlying claim is brought by a senior citizen …; (2) it redresses unfair or deceptive acts or practices; (3) it is related to a separate statutory claim providing entitlement to certain penalties; and (4) the Defendant’s wrongdoing is directed to the protected class. Plaintiffs fail to allege facts which support the final prong here – i.e. that Ford “directed” its wrongdoing at them in their capacity as senior citizens, as opposed to at them in their capacity as purchasers of a Ford F-250. The facts that at some point during the chain of events Plaintiffs happened to attain senior citizen status is therefore insufficient, in the Court’s opinion, to factually support a claim for treble damages under § 3345. Nor, under these circumstances, it seems, can Plaintiffs amend to properly support such a claim.

 

 

 

2006542 - LEE, TIMOTHY S. VS. FOSTER DAIRY FARMS - Motion for Preliminary Class Approval – HEARING REQUIRED.

 

 

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 for Department 19***