April 22, 2019

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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.

April 23, 2019

 

 

The following is the tentative ruling for a case calendared before Judge Marie S. Silveira in Department 21:

 

 

2017140 – SCHNEIDER, MARIE B VS. KIA MOTORS AMERICA – Plaintiff’s Motion to Tax and/or Strike Defendant’s Costs – CONTINUED on the Court’s own motion to May 1, 2019 at 8:30 a.m. in Department 21.

 

 

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 is the tentative ruling for a case calendared before Judge John D. Freeland in Department 23:

 

 

CV-18-2622 – MIDLAND FUNDING LLC VS. ALLEN, ETHAN – Plaintiff’s Motion for Judgment on the Pleadings – GRANTED, and unopposed.

 

Based on the information submitted in the moving and supporting papers, and in view of the Court’s previous order deeming matters admitted herein, the Court finds that Plaintiff has established sufficient facts to constitute a cause of action against Defendant, while Defendant's answer fails to state facts sufficient to constitute a defense.  (Code Civ. Proc. §438(c)(1)(A).)  Therefore, Plaintiff is entitled to judgment in the principal amount of $9,263.52 plus costs in the amount of $464.50 pursuant to Plaintiff’s concurrently filed and served Memorandum of Costs.  Therefore, the total judgment to be entered against Defendant is $9,728.02.

 

The Court will sign the proposed order and judgment submitted by Plaintiff.

 

 

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

 

 

2034050 – DEOL, HARMINDER VS. PARKER, KAY M – Plaintiff’s Motion for Summary Judgment – GRANTED, and unopposed.

 

Having considered the moving papers, the separate statement of undisputed material facts, the matters subject to judicial notice, and the supporting declarations, the Court finds that Plaintiff, as the moving party, has met his burden of demonstrating that there is no defense to the sole cause of action set forth in Plaintiff’s Complaint. (Code Civ. Proc. §437c(p)(1).) Therefore, Plaintiff is entitles to judgment as a matter of law.

 

 

CV-18-002368 – SALINAS, EMILIO VS. CALIFORNIA TRUSFRAME LLC – (a) Defendant’s Motion to Compel Production of Documents and Request for Sanctions (Monetary and/or Terminating) against Plaintiff and/or Plaintiff’s Legal Counsel – GRANTED, and unopposed.

 

The Court finds that Plaintiff failed to respond within the statutory time period and all objections have been waived. (Code Civ. Proc. §2031.300(a).) Moreover, Plaintiff failed to provide substantive responses to the subject discovery. Lastly, the verification provided is insufficient and of no legal effect under the circumstances described in the moving papers. Therefore, Defendant is entitled to an order compelling Plaintiff to provide further verified responses, without objections, and to produce responsive documents within 14 days. (Code Civ. Proc. §§2031.310(a), 2031.280.) Further, the Court finds that Defendant is entitled to an award of monetary sanctions. (Code Civ. Proc. §§2031.310(h), 2023.010, 2023.030(a); Cal. Rules of Ct., rule 3.1348(a).) As the above-described failures appear to have resulted from the conduct of Plaintiff’s counsel, monetary sanctions are awarded against such counsel, Isaac Maing, in the amount of $855 and are payable to Defendant’s counsel within 14 days.

 

(b) Defendant’s Motion to Compel Answers to Form Interrogatories – General, Set One and Request for Sanctions (Monetary and/or Terminating) against Plaintiff and/or Plaintiff’s Legal Counsel – GRANTED, and unopposed.

 

The Court finds that Plaintiff failed to respond within the statutory time period and all objections have been waived. (Code Civ. Proc. §2030.290(a).) Moreover, Plaintiff failed to provide substantive responses to the interrogatories described in Defendant’s Separate Statement in support of the motion. Lastly, the verification provided is insufficient and of no legal effect under the circumstances described in the moving papers. Therefore, Defendant is entitled to an order compelling Plaintiff to provide further verified responses to Form Interrogatories, Set One, Nos. 8.3, 8.4, 8.5, 9.1, 9.2,  and 12.1, without objections, and to provide a code-complaint verification of the information provided in Plaintiff’s responses to the remaining Form Interrogatories, which were served on 3-1-19. (Code Civ. Proc. §§2030.220, 2030.250.) Such further responses and verifications shall be served within 14 days. Further, the Court finds that Defendant is entitled to an award of monetary sanctions. (Code Civ. Proc. §§2030.300(d), 2023.010, 2023.030(a); Cal. Rules of Ct., rule 3.1348(a).) As the above-described failures appear to have resulted from the conduct of Plaintiff’s counsel, monetary sanctions are awarded against such counsel, Isaac Maing, in the amount of $570 and are payable to Defendant’s counsel within 14 days.

 

(c) Defendant’s Motion to Compel Further Deposition of Plaintiff and Request for Sanctions (Monetary and/or Terminating) against Plaintiff and/or Plaintiff’s Legal Counsel – GRANTED, and unopposed.

 

The Court finds that, under circumstances set forth in the moving papers, counsel’s unilateral termination of Plaintiff’s properly noticed deposition constitutes a misuse of the discovery process; therefore, Defendant’s motion to compel is GRANTED and Plaintiff is ordered to appear for a further deposition within 60 days. (Code Civ. Proc. §§2025.450(a), 2023.010.) The deposition shall be held at a location within 75 miles of Plaintiff’s residence. (Code Civ. Proc. §2025.250(a).)

 

In addition, Defendant’s request for an award of monetary sanctions is GRANTED. (CCP §§2025.450(g), 2023.030(a).) As the above-described conduct appears attributable solely to the attorney engaged by Plaintiff’s counsel to attend the deposition, monetary sanctions are awarded against Plaintiff’s counsel, Isaac Maing, in the amount of $570 and are payable to Defendant’s counsel within 14 days.

 

 

The following is the tentative ruling for a case calendared before Commissioner Jared D. Beeson in Department 19 located at the Turlock Division at 300 Starr Avenue, Turlock, CA:

 

 

UD-19-000434 – CHAVEZ, LILY VS. FERNANDES, TONY – Plaintiff’s Motion for Leave to file Supplemental Complaint – HEARING REQUIRED.