February 20, 2019

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 21, 2019

 

 

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

 

 

2016300 – THE PEOPLE VS. HOPPER, MARK ALLEN – Plaintiff’s Motion to Compel Discovery Responses and for Order that Admissions be Deemed Admitted – The parties apparently settled this matter at the Case Management Conference on January 22, 2019 and it has been set on the Court’s motion to dismiss calendar for May 3, 2019.  The Court therefore DROPS the instant motion to compel discovery pursuant to settlement.

 

 

2029249 – VALLEY FIRST CREDIT UNION VS. ESTRELLA, MICAELA L – Plaintiff’s Motion for Order Establishing Admissions and Request for Sanctions – Plaintiff’s Motion for Order Establishing Admissions and Request for Sanctions is GRANTED, and unopposed.  The Court finds that Defendant has entirely failed to respond to the subject discovery and all objections have been waived. (Code Civ. Proc. §2033.280(a).)  Accordingly, the Court has no discretion but to grant Plaintiff’s request.  (Code Civ. Proc. §2033.280(c); St. Mary’s v. Superior Court (Schellenberg) (2014) 223 Cal.App.4th 762, 777-778.). Therefore, the matters contained in Request for Admissions, Set One, served on Defendant on or about July 17, 2018, are deemed admitted.  As a result of Defendant’s failure to respond and Plaintiff’s request therefore, the Court is also compelled to award sanctions in the amount of $360.  (Code Civ.Proc. 2033.280(c).)  These sanctions are payable by Defendant directly to Plaintiff’s attorney Stephen C. Ferlmann, The Ferlmann Law Firm. 

 

 

9000730 – STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS. HENKE, SANDRA – Motion to be Relieved as Counsel for Defendant – Defendant’s Counsel’s Motion to Be Relieved As Counsel is GRANTED, and unopposed.  Based upon a review of the moving papers and in the absence of any opposition thereto and good cause shown therein, attorney Razelle P. Espinosa, Gilsleider, McMahon, Molinelli, & Phan, is hereby relieved as counsel for Defendant Chandra Henke. The order will become effective upon the filing of the proof of service of the Order on Defendant Henke.

 

 

2024460 – WATSON, GAYLA J VS. GEORGE REED INC – a) Defendants’ Motion for Order Compelling Plaintiffs’ Further Responses to Discovery; b) Defendants’ Motion to Continue Trial – a) Defendants’ Motion to Compel Plaintiff’s Discovery Responses and b) Defendants’ Motion to Continue Trial – Both motions are DROPPED pursuant to a telephone call to the Clerk’s Office received on February 15, 2019.  The parties have submitted a stipulation and proposed order continuing the Mandatory Settlement Conference currently scheduled for March 4, 2019, and Jury Trial currently set for March 19, 2019.  The current dates are therefore VACATED.  Pursuant to the parties’ stipulation, the Court schedules a Mandatory Settlement Conference for October 15, 2019, at 8:30 in Department 21, and a Jury Trial for November 13, 2019, at 9:30 in Department 21.  The Court notes the parties’ further stipulation that all discovery cutoff dates shall be determined in accordance with the provisions of the Code of Civil Procedure and the new trial date.

 

 

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

 

 

2022736 – VRH, AARON VS. STANISLAUS COUNTY JAIL – Defendant Natalyn Bergman, R.N.’s Demurrer to Plaintiff’s Amended Complaint – Defendant Natalyn Bergman, R.N.’s Demurrer to Plaintiff’s Amended Complaint – CONTINUED to March 14, 2019 at 8:30 a.m. in Department 22, at the request of the moving party.

 

 

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

 

 

***There are no tentative rulings for Department 23***

 

 

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

 

 

2004933 – LAWSON, MARK VS. FORD MOTOR CO – Plaintiff’s Motion for Attorney’s Fees, Costs and Expenses – CONTINUED, on the Court’s own motion, to April 19, 2019 at 8:30 a.m. in Department 24.

 

The Court finds that, with additional time and effort expended in good faith, the potential exists for the parties to resolve the issues herein without the Court’s intervention. Therefore, the matter is continued and counsel are instructed to meet and confer in person or by telephone in a good faith effort to resolve the issues presented herein. The parties shall file a Joint Status Statement no later than 10 court days before the continued hearing. Such statement shall briefly describe the parties’ efforts to meet and confer; identify the matters remaining in dispute; and briefly summarize the parties’ positions as to such disputed matters.

 

 

9000623 – SEPULVEDA, ESPERANZA VS. BELLCARTER FOODS INC(a) Defendant Real Time Staffing Services, LLC’s Motion to Compel Arbitration, to Stay Action Pending Arbitration, and to Dismiss Class Action Allegations – HEARING REQUIRED. (b) Defendant Bell-Carter Foods, Inc.’s Motion for Order Compelling Arbitration on Individual Basis and Staying the PAGA Claim – HEARING REQUIRED.

 

(a) The Court finds that there is a material factual dispute with regard to the existence of a valid agreement to arbitrate signed by Plaintiff. (Civ. Code §1633.9(a).) Under the circumstances, the Court exercises discretion to hold an evidentiary hearing limited to the issue of authenticity of Plaintiff’s purported electronic signature on the subject arbitration agreement. Counsel shall appear at the time of the instant hearing in order to select a date and time for said evidentiary hearing to take place.

 

(b) The Court finds that there is a material factual dispute with regard to the existence of valid agreements to arbitrate signed by Plaintiffs. (Civ. Code §1633.9(a).) Under the circumstances, the Court exercises discretion to hold an evidentiary hearing limited to the issue of the authenticity of Plaintiffs’ purported electronic signatures on the subject arbitration agreements. Counsel shall appear at the time of the instant hearing in order to select a date and time for said evidentiary hearing to take place.

 

 

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:

 

 

***There are no tentative rulings for Department 19***