May 23, 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.

 

 

 

May 24, 2017

 

 

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

 

 

2018129 – THU, MOE VS. ADVANCED FRESH CONCEPTS FRANCHISE CORP. – Plaintiff’s Motion for Final Approval of Class Action Settlement and Judgment – GRANTED.  The Court will sign the proposed order.

 

 

2021660 – SCHNEIDER, RICHARD L. VS. CHICAGO TITLE CO. – a) Plaintiffs’ Motion to Compel Production of Documents b) Plaintiffs’ Motion for Summary Judgment –

a) DROPPED by moving party.

b) DENIED for failure to show the absence of triable disputes of material fact.  Plaintiff’s moving statement of undisputed material facts does not mention damages, and damage is an essential element of a cause of action for damages.

 

 

2009720 – HARVEY, CHERYL A. VS. CENTEX HOMES – a) Cross-Defendant Barbosa Cabinets Inc.’s Motion for Good Faith Settlement b) Intervener St. Paul Mercury Insurance Company on behalf of Mat & Sons Landscape Inc.’s Motion for Good Faith Settlement –

a) GRANTED, and unopposed.  The Court finds the settlement entered into between Plaintiffs Cheryl Mills, et al, and Cross-Defendant Barbosa Cabinets 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 Barbosa Cabinets in the above-entitled matter for equitable comparative contribution, or partial or comparative indemnity are hereby DISMISSED with prejudice and forever barred.

b) CONTINUED to June 16, 2017, at 8:30 a.m. in Department 21.  The file does not contain a copy of the supporting declaration identified in the proof of service of St. Paul’s motion.  St. Paul Insurance shall serve and file, on or before June 2, 2017, a duplicate copy of this declaration.

 

 

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

 

 

2024477 – COLTON, KEVIN VS. DOES 1 THROUGH 20 – Plaintiff’s Attorney Mina L. Ramirez’s Motion to be Relieved as Counsel – CONTINUED to June 16, 2017, at 8:30 a.m. in Department 22.  She shall serve and file a proof of service of the motion and related documents on or before June 2, 2017.

 

 

2024397 – MHC COLONY PARK LLC VS. SMITH, MARTHA – Petitioner’s Petition for Injunctive Relief – GRANTED, and unopposed.  The Court will sign the proposed order provided by Petitioner.

 

 

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

 

 

9000354 – BALI, SURESH VS. LAL, AJAY – Defendants Ajay Lal and Sadhna Lal’s Demurrer to the Complaint –SUSTAINED for failure to state causes of action.  Plaintiff has leave to serve and file a First Amended Complaint on or before June 9, 2017.

 

 

2017458 – CARLSON, STACEY VS. GANT, VERNON – Plaintiff’s Motion for Stay of Action Pending Appeal –CONTINUED to June 16, 2017, at 8:30 a.m. in Department 23.

 

 

2017554 – VALLECILLO, ANTONIA VS. DURANFLORES, DANIEL – Defendant LF Staffing Services, Inc. dba Labor Finders’ Motion for Summary Judgment – DENIED.  The evidence cited in Plaintiffs’ opposition to Defendant’s moving undisputed material Facts Nos. 7, 13, 14, 17, 21, 22 and 23 creates triable disputes of material fact concerning those Facts.  In addition, the Court finds Fact 11 is disputed by evidence supporting Plaintiffs’ material Facts 21 through 27.  The admissible evidence cited in support of Plaintiffs’ new Fact Nos. 8, and 21 through 27 create triable disputes of material fact that Defendant Daniel Duran-Flores was acting within the course and scope of his employment at the time of the incident at issue.

            Defendant’s objections Nos. 1, 2, and 3 are SUSTAINED.  All others are OVERRULED.  Plaintiff’s new opposing Fact No. 8 is adequately proven by its cited evidence, other than the one item Defendant objected to in objection No. 3.

 

 

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

 

 

623163 - DOWNEY, R. VS. PINE, D. - Motion to Compel Compliance with Earnings Withholding Order – GRANTED, and unopposed. Plaintiff is awarded sanctions in the amount of $750 in attorneys’ fees and $60 in costs to be added to the judgment. Judgment debtor Dennis Pine’s employer Billie Hills Hillbilee Barbecue is ordered to comply with and respond to the properly served Earnings Withholding Order dated October 24, 2016, on or before June 24, 2017.

 

 

2019343 - CAVALRY SPV I LLC VS. ANDERSON, CHRISTINA I. - Plaintiff’s Motion to Transfer Venue – GRANTED, and unopposed. This matter shall be transferred to the Superior Court of El Dorado County – where Defendant now resides. The Court notes there is an Order to Show Cause calendered for June 29, 2017 regarding Plaintiff’s counsel’s failure to appear. The OSC was issued on 03/29/2017 and mailed to Counsel’s office. A responsive declaration was required to be filed; however, none has been filed.

                The Court imposes $300.00 in sanctions against the Winn Law Group to be paid to the Stanislaus County Superior Court forthwith.

 

 

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***