October 24, 2021

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Civil Tentative Ruling Announcement


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, you MUST register online to appear telephonically using Vcourt.

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.

October 22, 2021

                                                                        

 

The following are the tentative rulings for cases calendared before Judge John R. Mayne in Department 21:

 

 

CV-19-004071 – PRASAD, AMBALIKA DEVI VS BIRLA, RAMESH KUMAR – Plaintiff’s Attorney’s Motion to be Relieved as Counsel – DENIED, without prejudice.

 

The Declaration (MC-052) and Proposed Order (MC-053) indicate the “next” hearing date is September 20, 2021, which has already passed.

 

 

CV-20-004286 – JACKSON, RANDY VS DOCTORS MEDICAL CENTER – a) Defendant Central Valley Specialty Hospital, Inc.’s Demurrer to Plaintiffs’ Third Amended Complaint; b) Defendant Central Valley Hospital, Inc.’s Motion to Strike Plaintiffs’ third Amended Complaint –

 

a) SUSTAINED, with prejudice, and unopposed. The crux of the allegations give rise to a medical malpractice claim. The allegations relating to understaffing are insufficiently pled to support neglect as defined for the Elder/Dependent Adult Abuse Act. Plaintiff did not oppose the Demurrer and therefore, it is inferred that no additional facts may be pled to cure the deficiencies.

 

b) MOOT, in light of the ruling on demurrer.

 

 

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

 

 

CV-19-002704 – LAVERONE, EDWARD R. VS EXPRESS SERVICES INC - Cross Complainant/Cross-Defendant Motor Parts Distributors, Inc.'s Motion to Compel Further Deposition of Walter Alkhassedeh – GRANTED. Mr. Alkhassedeh is ordered to sit via video-conference for a third session of his deposition within thirty (30) days of being served with the formal Order on this Motion. Moving party is to prepare and serve the Order.

 

 

CV-21-000657 – WIEGELE, RICHARD VS SALIDA FIRE PROTECTION DISTRICT – Defendant Salida Fire Protection District’s Motion for Judgment on Pleadings - GRANTED, with leave to amend. The Complaint fails to allege timely compliance with the Government Claims Act, and therefore, it is a fatal defect. (Le Mere v. Los Angeles USC (2019) 35 Cal.App.5th 237, 245-247.) Plaintiff has the burden to identify facts that could be alleged to cure the defect. Plaintiff claims a settlement demand letter was timely served on Defendant to constitute substantial compliance. Therefore, leave to amend is granted.

 

 

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

 

 

CV-20-002898 – MARQUEZ, SOPHIA E VS FARMERS INSURANCE EXCHANGE – Plaintiff’s Petition to Confirm Insurance Appraisal Award - GRANTED, and unopposed.

 

The petition was timely submitted and sets forth the information required by statute. (Code Civ. Proc. §§1285, 1288 et seq.)  In the absence of any request to correct or vacate the proposed award, the Court is required to confirm it. (Code Civ. Proc. §1286.)

 

 

The following is the tentative ruling for a case calendared before Judge Sonny S. Sandhu in Department 24:

 

 

CV-20-004057 – DIGNES, LARRY B VS COVENANT CARE CLAIFORNIA LLC – Defendants’ Motion to Compel Arbitration - CONTINUED on the Court’s own motion to November 19, 2021, at 8:30 a.m. in Department 24.  Assuming the validity of the arbitration agreement, the parties shall each submit an additional supplemental legal brief addressing whether or not the arbitration agreement should be construed under the Federal Arbitration Act or the California Arbitration Act, whether or not Plaintiffs Sheila M. Lowe and Lori M. Kirchert are bound by the arbitration agreement, and (if they are not) whether or not the Court should apply the provisions of Code of Civil Procedure Section 1281.2(c) and deny the petition to compel arbitration due to the risk of inconsistent rulings.  The parties’ additional supplemental briefs shall be no longer than ten (10) pages and shall be submitted on or before November 12, 2021. No replies will be allowed.

 

 

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**