January 19, 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.

 

January 19, 2017

 

 

The following is the tentative ruling for a case calendared before Judge Ann Q. Ameral in Department 18:

 

 

2022859 – ARATA SWINGLE & VAN EGMOND VS. SODHI, JAKRUN – Petition to Compel Arbitration – The Petition to compel arbitration is DENIED, without prejudice.  The Court finds Mr. Sodhi’s request for inspection of corporate records falls outside the scope of the arbitration agreement. 

 

The Court finds Mr. Sodhi only refused to arbitrate his statutory right to inspect corporate records.  Mr. Sodhi concedes the Buy/Sell Agreement requires arbitration of any dispute regarding the value of his shares.  However, until Arata offers to purchase those shares and Mr. Sodhi rejects the offer, there is no dispute to submit to arbitration and the petition is premature.

Based on this ruling, Arata’s request to stay Mr. Sodhi’s petition to compel inspection of corporate records is DENIED.

 

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

 

 

2022989 – IN RE: CLEMENTE, R. – Petition for Approval of Transfer of Structured Settlement Payment Rights in Re: Clemente, R. - The Petition is CONTINUED on the Court’s own motion to January 26, 2017, at 8:30 a.m. in Department 21 in order to provide sufficient notice pursuant to Code of Civil Procedure § 1005.

 

 

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

 

2021791 – CYPRIAN, LATISHA VS. MODESTO CITY SCHOOLS – Defendant Modesto City School’s Demurrer to Complaint – The demurrers of Defendant Modesto City Schools are SUSTAINED without leave to amend for failure to state a cause of action.  Counsel is reminded of rule 3.1320(a) of the California Rules of Court.

 

2015456 – HALL, CHRISTINA VS. PODOLSKY, SUSAN – Defendant Susan Podolsky, M.D.’s Motion for Evidentiary and Monetary Sanctions Against Plaintiffs – The motion of Defendant Susan Podolsky, M.D., for issue and evidentiary discovery sanctions is DENIED.

 

2018946 – BARCLAYS BANK DELAWARE VS. VALENCIA, SOILA R. – Plaintiff’s Motion for Order Compelling Response to Plaintiff’s Request for Production of Documents – The motion of Plaintiff Barclays Bank compelling responses to its first sets of production requests and form interrogatories, and to deem admitted the admission requests in its first set of requests for admission, is GRANTED.  The admission requests are deemed ADMITTED.

 

            Defendant shall provide responses, without objection, to Plaintiff’s first sets of production requests and form interrogatories on or before February 14, 2017.

 

 

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

 

683734 – COYOTZI, LAZARO VS. MERITAGE HOMES OF CALIFORNIA – Cross-Defendant Davis & Davis, Inc. dba State Roofing’s Motion for Leave of Court to Intervene – The motion by Navigators Insurance for leave to serve and file a Complaint in Intervention on behalf of Defendant Davis & Davis, Inc., dba State Roofing, is GRANTED.  It shall serve and file its Complaint in Intervention on or before February 17, 2017.

 

 

2017132 – RAM, SANKESH VS. STONEGATE MORTGAGE CORP. – Plaintiff Sankesh Ram’s Motion for Sanction to Compel Supplemental Discovery Responses and to Produce Documents – The motion of Plaintiff Sankesh Ram to compel supplemental responses to his first set of production requests and his first set of form interrogatories, and to compel production of documents, is GRANTED.  Defendant shall provide supplemental responses, without objection, on or before February 14, 2017.

 

            Defendant shall pay a sanction of $6,072.00 to Amiel L. Wade, attorney for Plaintiff.

 

 

2021504 – 2700 HEMMINGER WAY MODESTO, CA. 95350 0609 – Hearing on Claims Deposited Surplus Funds from Trustees’ Sale – The Court orders a HEARING on claims to deposited surplus funds from the trustees’ sale of 2700 Hemminger Way, Modesto, CA 95350-0609.

 

 

2022884 – DRY CREEK MOBILE ESTATES LLC VS. RAPER, SCOTT – Petition for Judicial Abandonment – The Petition by Dry Creek Mobile Home Estates for a judicial declaration of abandonment of mobile home is GRANTED.

 

 

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

 

 

2017493 – SMITH, SHIRLEY VS. ENGLISH OAKS NURSING & REHABILITATION CENTER – Defendant Doctors Medical Center of Modesto, Inc.’s Demurrer to Plaintiff’s Second Amended Complaint – DROPPED on the Court’s own motion due to a Notice of Settlement of Entire Action filed on January 9, 2017.

 

 

2011571 – NEWTON, SHANNON VS. IN-SHAPE HEALTH CLUBS INC. – Defendant In-Shape Health Clubs, LLC’s Motion for Summary Judgment against Plaintiffs Anthony Villanueva and Shannon Newton – DROPPED at the request of the moving party pursuant to a telephone call to the Clerk’s Office on January 10, 2017.

 

 

2018902 – MONTIEL, VICENTE VS. TROGDON, MICHAEL ANDREW – State Compensation Insurance Fund’s Motion for Leave to Intervene – GRANTED, and unopposed.  State Fund shall file the proposed Complaint in Intervention not later than February 2, 2017.

 

 

2014391 – GARCIA, JOSE CABRERA VS. MARTINEZ, BRIANA – Defendants’ Motion for Terminating Sanctions, or, in the Alternative, Evidentiary Sanctions, and for Monetary Sanctions against Plaintiff for Failure to Obey a Court Order – DENIED.  However, the Court, on its own motion, hereby orders Plaintiff, yet again, to provide full, complete and coherent responses, without objection, to the Defendant’s Special Interrogatories, Set One, and the Requests for Production, Set One (including copies of the responsive documents in Plaintiff’s possession and/or control).  A response that “Plaintiff is in not possession of his property damage estimates and appraisals”, for instance, is incoherent.  It is apparent that the responses Plaintiff provided prior to the Court’s initial September 2016 order were in the name of a stranger to this action.  Although this appears to be a typographical error, it does affect the validity of the discovery responses and Defendant’s ability to rely on them at trial.  Based on the information before the Court in this motion, Plaintiff has complied with the Court’s September 2016 order with respect to the Form Interrogatories, Set One, propounded in March 2016.  Defendant’s request for monetary sanctions is DENIED as Defendant did not prevail on its motion. Plaintiff shall provide full, complete and coherent responses, without objection, to the Defendant’s Special Interrogatories, Set One and Request for Production of Documents, Set One no later than February 2, 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.

 

 

2031678 – SCHLECHT, TIMOTHY VS. SCHLECHT, AMETHYST – a) Defendants’ Demurrer to Amended Complaint b) Defendants’ Motion to Strike –

a) OVERRULED.The Court finds the Amended Complaint states a valid cause of action and is not ambiguous.  Defendants shall file their Answer by January 24, 2017.

b) DENIED.  The 60-day notice is not fatally defective nor does its language constitute a claim for pre-termination rent.

 

 

2031758 – STOKMAN, STAN VS. PENNEWELL, ROBERT – Defendants’ Motion to Set Aside Judgment – HEARING REQUIRED.

 

 

2032009 – HADDAD, MARY VS. DURHAM, JAMARI – Defendant’s Motion to Set Aside Default and Default Judgment – HEARING REQUIRED.

 

 

2031701 – NIJJAR, SAWARN VS. PHAGURA, PARMINDER - Defendant’s Demurrer to Amended Complaint – HEARING REQUIRED.