February 21, 2018

A A A
Civil Tentative Ruling Announcement
Print

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.

February 22, 2018

 

 

The following are the tentative rulings for cases calendared before Judge Marie S. Silveira in Department 21:

 

 

***There are no tentative rulings for Department 21***

 

 

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

 

 

445611 MATTER OF JON L. AND KAY BYERS TRUST – Petitioner Cristina Stone’s Motion to Vacate or Correct Judgment - GRANTED, and unopposed.  The caption of the Judgment entered on November 27, 2017, should not include the minor petitioners Annalise Stone, Ayden Stone, and Michael Stone - as they were dismissed from the lawsuit on June 1, 2017.  Therefore, counsel for the trustees of the trust – Mr. Lawrence Beaver – shall prepare a corrected Judgment and submit it to the Court for its signature.  The corrected Judgment will be entered nunc pro tunc as of November 27, 2017.

 

 

2021427 – BEDELL, CHARLES VS. HARLEY, MALCOM RUSSELL – Plaintiff Charles Bedell’s Motion for Summary Judgment, or in the Alternative, Summary Adjudication - GRANTED, and unopposed.  Plaintiff, as moving party, has established a prima facie showing that he is entitled to judgment against Defendant as a matter of law.  Based on the Declaration of Kenneth R. Mackie, the exhibits attached thereto, the Complaint and the records from the Workers’ Compensation proceeding, Plaintiff has established there are no triable issues of material fact and no evidence to support Defendant’s claim that Plaintiff was not injured in the course and scope of his employment for Defendant. In the absence of any opposition, Defendant has failed to offer evidence which raises a triable issue of material fact as to Plaintiff’s cause of action for negligence against Defendant.  Therefore, the motion for summary judgment is granted and judgment shall be entered in favor of Plaintiff Charles Bedell and against Defendant Malcolm Russell Harley.

 

 

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

 

 

2024407 – BASI, BOOTA SINGH VS HUNDAL, NARINDERPAL SINGH – Plaintiff’s Motion to Determine Prevailing Party and to Set Award of Attorney’s Fees and Costs – CONTINUED on the Court’s own motion to February 23, 2018 at 8:30 a.m. in Department 23.

 

 

The following is the tentative ruling for a case calendared before Judge Roger M. Beauchesne in Department 24:

 

2016151 – SANCHEZ, ANITA VS. ESPARZA, HENRY – Plaintiff’s Motion to Set Aside Dismissal – HEARING REQUIRED.

 

 

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***