June 26, 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.

June 27, 2017

 

 

The following is the tentative ruling for a case calendared before Judge William A. Mayhew in Department 21:

 

 

2022729 – ANDUHA, CHEYENNE VS. ABC PHONES - Plaintiffs’ Motion for Final Approval of Class Action Settlement - GRANTED, and unopposed.  The Court finds that the proposed settlement is fair, adequate and reasonable.

 

 

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

 

 

9000266 – CIVIL PARTNERS MODESTO, INC. VS. THE CITY OF MODESTO REDEVELOPMENT SUCCESSOR AGENCY – Defendant City of Modesto Successor Redevelopment Agency’s Motion for Judgment on the Pleadings - DENIED in part and GRANTED in part. It is DENIED as to the entire Complaint.  It is GRANTED as to the second, third, fourth and sixth causes of action for lack of jurisdiction.  Michael v. Los Angeles County Department of Adoptions 1988) 201 Cal.App.3d 859, 867-868.

            The Court ORDERS that the filing date of the original Complaint be amended nunc pro tunc to January 9, 2017.

            Leave to amend is DENIED as to the second, third and fourth causes of action.  Leave to amend is GRANTED as to the sixth cause of action for conversion.

            Plaintiff has leave to serve and file a second amended Complaint on or before July 17, 2017.

 

 

2021427 – BEDELL, CHARLES VS. HARLEY, MALCOM RUSSELL – Plaintiff’s Motion for Further Order Compelling Production of Documents and for Sanctions - DENIED.  The moving declaration of counsel neglects to allege that no responses were received or documents produced.  Counsel is further notified that there is a material difference between responses to a request to produce documents, and actual production of documents.

 

 

2022897 – ROQUE, JR., CARLOS VS. VAZQUEZ, MARIA PATRICIA ALFARO – Defendant Maria Patricia Serrato’s Demurrer to Plaintiff’s Verified First Amended Complaint - SUSTAINED for failure to state a cause of action.  Plaintiff has leave to serve and file a Second Amended Complaint on or before July 17, 2017.

 

 

2019417 – CHAVEZ, LILIA VS. MILESTONE FINANCIAL, LLC – Defendant’s Motion for Order Dissolving Preliminary Injunction – GRANTED.

 

 

684866 – PATTERSON FROZEN FOODS VS. PATTERSON VEGETABLE COMPANY – Plaintiffs’ Motion to Continue Trial - MOOT.  The Court already vacated the (then) current trial date at the hearing on Plaintiffs’ motion for leave to file an Amended Complaint on May 31, 2017, and set a continued Case Management Conference for June 26, 2017, at 1:30 p.m. A new trial date has already been chosen as a result of the Case Management Conference on June 26, 2017.

 

 

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

 

 

2017132 - RAM, SANKESH VS. STONEGATE MORTGAGE CORP. - Defendant Loancare LLC's Demurrer to Plaintiff's Complaint - The first demurrer of Defendant LoanCare to the entire complaint is SUSTAINED for failure to state a cause of action.  Its second demurrer to the entire complaint is SUSTAINED for uncertainty.  Its other demurrers are OVERRULED for failure to comply with California Rules of Court rule 3.1320.

 

            Plaintiff has leave to serve and file a First Amended Complaint on or before July 17, 2017.

 

 

2022584 - HOLMES, DENNIS VS. BOTTLING GROUP, LLC – Plaintiff Dennis Holmes’ MotionFinal Approval of Class Action Settlement - GRANTED.  His application for final approval of attorney fees and costs is GRANTED.

 

 

2016224 - FLORES, ANGEL VS. KISST, TAMELA - Plaintiff Angel Flores' Motion for New Trial - DENIED.

 

 

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

 

 

2021313 - DISCOVERY BANK VS. ADAMS-JOHNSON, BEVERLY - Plaintiff's Motion for Judgment on the Pleadings is GRANTED, without leave to amend and unopposed. Although the Defendant filed an Answer to the Complaint, the Answer does not raise any valid affirmative defenses and admits that the Defendant owes Plaintiff the sum alleged in the Complaint. Therefore, judgment will be entered in favor of the Plaintiff, Discovery Bank, in the principal amount of $2,603.07 plus costs in the amount of $380.00 for a total judgment in the amount of $2983.07.

 

 

2022911 - JONES, JENNIFER VS. JONES, MICHAEL ANTHONY - Defendant Michael Anthony Jones' Demurrer to Plaintiff's First Amended Complaint filed on May 8, 2017 is CONTINUED to July 19, 2017, at 8:30 a.m. in Department 24 to allow counsel for Defendant to comply with Code of Civil Procedure § 430.41. A declaration setting forth his attempts to do so should be filed not later than July 12, 2017.

 

 

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***