October 15, 2018

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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 3.12 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 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.

October 12, 2018

 

 

The following are the tentative rulings for cases calendared before Judge Marie S. Silveira in Department 21:

 

 

2027110 – EXPOSE, LINDA VS. MCAULEY FORD, INC. – a) Defendant’s Motion to Compel Plaintiffs’ Responses to Request for Production of Documents, Set One is GRANTED in part and DENIED in part, and unopposed.  Plaintiffs Linda Expose and Hakeem Dunn shall provide the Defendant with full, complete and verified responses to the Requests for Production of Documents, Set One no later than October 26, 2018.  The Defendant’s request for sanctions is DENIED as the Plaintiffs did not oppose the motion.

 

b) Defendant’s Motion for Order Deeming Requests for Admissions Admitted is GRANTED, and unopposed.  The Requests for Admissions, Set One, served on Plaintiffs on or about June 22, 2018, are hereby DEEMED ADMITTED.  The Court notes that Plaintiffs Linda Expose and Hakeem Dunn filed what appear to be attempted responses with the Court on August 30, 3018.  It also appears Plaintiffs provided these incomplete responses to Defendant.  However, the responses are insufficient in a number of respects - most importantly, they are not verified.  Unverified responses to discovery are the equivalent of no response at all.  The Court grants the Defendant’s request for sanctions in the amount of $375 as a result of this motion.  Plaintiffs shall pay the sanction amount directly to Defendant’s counsel, Paul A. Castillo, Manning, Leaver, Bruder & Berberich, LLP.

 

c) Defendant’s Motion to Compel Plaintiffs’ Responses to Form Interrogatories, Set One is GRANTED in part and DENIED in part, and unopposed.  Plaintiffs Linda Expose and Hakeem Dunn shall provide the Defendant with full, complete and verified responses to the Form Interrogatories, Set One no later than October 26, 2018.  The Defendant’s request for sanctions is DENIED as the Plaintiffs did not oppose the motion.

 

 

2020670 – ATTWAL, SUCHA VS. SANDHU, ZORAWAR – Respondent’s Motion to Modify Restraining Order - HEARING is REQUIRED for the limited purpose of selecting a continued hearing date in December 2018 when Hon. Timothy Salter, sitting on assignment, is available to hear this motion for modification.

 

 

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

 

 

2028926 – VIRGEN, MIGUEL VS. TRINITY LIFE INSURANCE COMPANY - Defendant TRINITY LIFE INSURANCE COMPANY’s Motion on Application of George Gibbs to Appear and Associate as Counsel Pro Hac Vice – HEARING REQUIRED.

 

The application fails to comply with the requirements of Cal. Rules of Ct., rule 9.40(d)(4); specifically, the applicant fails to state that he is not currently suspended or disbarred in any court.  Therefore, the applicant shall appear to address this issue. The applicant may appear by Court Call for this purpose.

 

 

2130044 – BH FINANCIAL SERVICES VS. SWINDLE, WENDY - Plaintiff’s Motion for Judgment on the Pleadings – CONTINUED, on the Court’s own motion, to November 8, 2018 at 8:30 a.m. in Department 23.

 

The moving papers are deficient in that Plaintiff has not submitted a declaration regarding meet and confer efforts required by Code Civ. Proc. §439.  Plaintiff shall submit the requisite declaration at least 5 court days in advance of the continued hearing date.

 

 

9000174 – GARCIA, ALMA VS. GOLDEN VALLEY HEALTH CENTERS - Defendant’s Motion for Summary Judgment, or in the alternative, Summary Adjudication – CONTINUED to November 9, 2018 at 8:30 a.m. in Dept. 23.

 

The Court notes that Plaintiff’s Response to Defendant’s Separate Statement of Undisputed Material Facts appears to reference a statement of additional material facts which was not submitted with Plaintiff’s opposition.  Therefore, the Court instructs Plaintiff to file and serve the missing statement by 4 p.m. on October 16, 2018. 

 

Defendant shall be permitted to submit a supplemental reply addressing the information raised in Plaintiff’s statement of additional material facts by 4 p.m. on October 23, 2018.

 

 

The following is the tentative ruling for a case calendared before Judge Roger M. Beauchesne in Department 24:

 

 

2026233 – BLOXHAM, JULI VS. ORENS, STEVE – Defendant Stephen Lozano’s Motion to Compel Further Responses to Form Interrogatories, Set One, from Plaintiff Juli Bloxham is WITHDRAWN at the Defendant’s request pursuant to the Notice of Withdrawal he filed on October 3, 2018.  The Court observes that the Notice of Withdrawal also addresses two additional discovery motions Defendant reserved for October 31, 2018.  Therefore, all three of Defendant Stephen Lozano’s motions to compel further discovery responses will be dropped from calendar.

 

 

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***