September 20, 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.

September 21, 2018

 

 

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

 

 

2028519 – CENTRAL VALLEY CONCRETE INC VS CAETANO, BRIAN – Plaintiff’s Motion to Strike Defendant Hillside Management Ag LLC’s Answer - DENIED as untimely.  A plaintiff has only ten (10) days after service of an answer to file a demurrer to the answer.  Code of Civil Procedure section 430.40(b). A motion to strike an answer may be brought “within the time allowed to respond to a pleading.” Code of Civil Procedure section 435(b)(1). Presumably, because a motion to strike and a demurrer must be brought at the same time, a motion to strike must be filed within ten (10) days after service of the answer. Code of Civil Procedure section 435(b); California Rules of Court, rule 3.1322(b). (See also Collins v. Bicknell (1919) 41 Cal.App. 291.)  Defendant Hillside Ag Management LLC’s Answer was filed on February 21, 2018 – therefore the Plaintiff’s Motion to Strike was not timely filed.

 

However, the Court, on its own motion, STRIKES Defendant Hillside Ag Management LLC’s Answer because it is “not drawn or filed in conformity with the laws of this state … .” See Code of Civil Procedure section 436. A corporate defendant such as Defendant Hillside Ag Management LLC must appear through counsel, and the Court takes judicial notice of the fact that Defendant Brian Caetano is not a licensed attorney in the State of California.  Therefore, Defendant Hillside Ag Management LLC’s Answer is STRICKEN.  Defendant may file an Amended Answer, appearing through counsel, not later than October 19, 2018.

 

 

The following are the tentative rulings for cases calendared before Judge Stacy P. Speiller in Department 22:

 

 

2022986 – GODDARD, KJIRSTEN VS. WHITE PLUM INC. – a) Defendant Stikeleather Apparel Holdings Inc.’s Counsel’s Motion to be Relieved b) Defendant White Plum Inc’s Counsels Motion to be Relieved – HEARING REQUIRED. Defense counsel shall appear and shall be prepared to discuss in camera the facts underlying his motion to withdraw at this stage of the case.

 

 

2070698 – PHILLIPS, JEHREMY VS. SCHILL, ROBERT SCOTT – E&J Gallo Winery’s Motion for Summary Judgment - CONTINUED, on the Court’s own motion, to September 28, 2018 at 8:30 a.m. in Department 22.

 

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

 

 

2010602 – DOE, SHEILA VS. CITY OF MODESTO – Defendants City of Modesto, Sergeant Tait, Officer Heilman, and Officer Ferguson’s Motion for Summary Judgment, or in the alternative, Summary Adjudication is CONTINUED on the Court’s own motion to October 25, 2018, at 8:30 a.m. in Department 24.  The Court requires additional time to review the motion.

 

 

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***