July 17, 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.

July 18, 2019

 

 

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

 

 

2024120 – BUSTOS, ERICA VS. YAKO, PATRICIA – Plaintiff’s Counsel’s Motion to Be Relieved – GRANTED

 

The motion to be relieved was properly served and complies with rule 3.1362 of the California Rules of Court.  Attorney Nelson’s request to be relieved as counsel for Erica Bustos is GRANTED.

 

 

The following is the tentative ruling for a case calendared before Judge Stacy P. Speiller in Department 22:

 

 

9000537 – NAGHSHIN, GOLZAR VS. JAMES ANDRADE BOYD INC – Cross-Defendant Doctors Medical center of Modesto’s Motion to Compel Compliance and Production of Documents to Request for Production of Documents, Set One – HEARING REQUIRED.

 

It appears the motion is unopposed.  Counsel is to provide the court an update on this case, including any discussions for a protective order. 

 

 

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

 

 

9000204 – BINDA, DALTON VS. INTERNATIONAL WOOD INDUSTRIES INC – Plaintiff’s Motion for Preliminary Approval of Class Action Settlement – DENIED, without prejudice.

 

The motion was served with insufficient notice. Specifically, service by mail on out-of-state counsel requires that 10 additional calendar days’ notice be provided. (Code Civ. Proc. §1005(b).)

In addition, the Court finds that the motion contains insufficient information regarding the basis for Plaintiff’s request to file an amended pleading at this stage of the case.  Specifically, Plaintiff has failed to demonstrate that he is entitled to amend the Complaint as a matter of right pursuant to Lab. Code §2699.3(a)(2)(c).  Moreover, the Court notes that the submission of the proposed Second Amended Complaint does not appear to be an agreed term of the stipulated settlement between the parties.  Absent demonstration of the above grounds for amendment, the Plaintiff must demonstrate entitlement to amend under the provisions of Code Civ. Proc. §473 and Cal. Rules of Court, Rule 3.1324.

 

 

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

 

 

***There are no tentative rulings for Department 24***

 

 

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***