April 26, 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.

April 26, 2018

 

 

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

 

 

2023719 – GREWAL, GUVINDER VS. HALLBOYER, KATHRYN – Plaintiffs’ Attorney’s Motion to be Relieved as Counsel - DENIED, without prejudice, for failure to provide sufficient notice of motion pursuant to Code of Civil Procedure section 1005(b).  Service by mail on April 9, 2018, provided only nine (9) court days’ of notice instead of the statutory sixteen (16).

 

 

The following is the tentative ruling for a case calendared before Judge Timothy W. Salter in Department 22:

 

DUNCAN, BANDALYN VS. MODESTO ARTS MEDICAL GROUP INC. – Defendants Modesto Arts Medical Group, Inc.; Sean Clare, M.D.; and John Pfeffer, M.D.’s Motion for an Order Deeming Said Defendants’ Requests for Admission (Set One) to Plaintiffs Admitted, and Request for Monetary Sanctions - MOOT, as the moving parties were dismissed from this matter on April 12, 2018.

 

 

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

 

9000414 – ELCANO, LOURDES VS SELECT PORTFOLIO SERVICING INC – a) Defendant Newport Beach Holdings LLC’s Motion to Compel Responses, Without Objections, to Special Interrogatories, Set No. One and Request for Order Awarding Monetary Sanctions against Plaintiff and her Attorneys in the Amount of $1642.50 b) Defendant Newport Beach Holdings LLC’s Motion to Compel Responses, Without Objections, to Request for Production, Set No. One and Request for Order Awarding Monetary Sanctions against Plaintiff and her Attorneys in the Amount of $1642.50 c) Defendant  Newport Beach Holdings LLC’s Motion to Deem the Truth of Matters and Genuineness of Documents Specified in Requests for Admission, Set No. One to Plaintiff and Request for Order Awarding Monetary Sanctions against Plaintiff and her Attorneys in the Amount of $1642.50 d) Defendant Newport Beach Holdings LLC’s Motion to Compel Responses, Without Objections, to Form Interrogatories, Set No. One and Request for Order Awarding Monetary Sanctions against Plaintiff and her Attorneys in the Amount of $1642.50 - MOOT, in part; GRANTED, in part.

The motions to compel and to deem matters admitted are MOOT, as Plaintiff has provided proof of verified discovery responses dated March 20, 2018.  However, the Court finds that Defendant is entitled to an award of monetary sanctions for Plaintiff’s failure to respond to the above-described discovery requests, necessitating the instant motions.  (Code Civ. Proc. §§2023.010 et seq.; 2030.290(c); 2031.300(c); 2033.280(c).  Therefore, the request for monetary sanctions is GRANTED against Plaintiff’s counsel in the amount of $1,460, to be paid to Defendant’s counsel within 14 days.

 

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

 

 

2016053 – DONALDSON, RANDALL VS. ARAMARK UNIFORM & CAREER APPAREL – Defendant’s Motion for Summary Judgment, or in the alternative, Summary Adjudication – This matter was continued to June 13, 2018, at 8:30 a.m. in Department 24 pursuant to stipulation of the parties and by signed order of the Court.

 

 

2018041 – BUNNELL, BILL VS. WRIGHT, JASON – Plaintiffs’ Motion for Relief From Order Deeming Requests for Admissions Admitted is CONTINUED on the Court’s own motion to May 1, 2018, at 8:30 a.m. in Department 24 to be heard along with Defendants Audrey Goesch, Troy Wright and Great Valley Realtors Inc.’s Motion for Summary Judgment, or in the alternative, Summary Adjudication.

 

 

2019463 – SIMON, LUSSIE VS. YOUNAN, FERRIS – Plaintiff’s Motion to Compel Responses to Discovery and Deem Requests for Admission Admitted is GRANTED in part, DENIED in part, and unopposed.  Defendant shall provide full and complete responses, without objection, to the Form Interrogatories-Unlawful Detainer, Set No. One, Special Interrogatories, Set No. One, and Request for Production of Documents, Set No. One, propounded on or about January 22, 2018.  These responses shall be provided on or before May 17, 2018.  Plaintiff’s Requests for Admission, Set No. Two, and Requests for Admissions – Genuineness of Documents, Set No. One, are hereby DEEMED ADMITTED.  Plaintiff is awarded $500 in sanctions, payable immediately to Plaintiff’s attorney Robert J. Anaya.  The sanctions relate only to the Plaintiff’s motion to deem requests for admission admitted, and not Plaintiff’s motion to compel discovery responses, as there was no opposition to either motion in the Court’s file.

 

 

2024022 – KING, RON VS. MAY-WESELY, MERINNA – a) Defendants’ Special Demurrers to Plaintiff’s Third Amended Complaint –Defendants’ Demurrers to Plaintiff’s Third Amended Complaint are OVERRULED in their entirety.  The Third Amended Complaint states facts sufficient to constitute the challenged causes of action for conspiracy to default creditors and aiding and abetting a fraud upon creditors.  The Third Amended Complaint successfully alleges Defendants “knowledge” regarding Defendant Stephen House’s indebtedness.  With regard to the other issues raised in the Defendants’ Demurrers, the Court finds they raise factual disputes which are not determinable on demurrer.  Defendants shall file their Answer to the Third Amended Complaint within thirty (30) days.

 

 

b) Defendants’ Motion to Strike Portions of the Third Amended Complaint is GRANTED.  While Plaintiff’s language related to an award of exemplary damages may not violate the “letter” of Civil Code section 3295(e) it certainly violates the spirit of the law.  Therefore, the language is stricken.

 

 

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:

 

 

2034271 – DANIELS, ALLIE VS. LEE, ANTHONY – a) Defendant’s Demurrer to Plaintiff’s Unlawful Detainer Complaint b) Defendant’s Motion to StrikePlaintiff’s Unlawful Detainer Complaint – HEARING REQUIRED.