May 18, 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.

May 18, 2021

                                                                        

 

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

 

 

CV-18-003866 – ORTIZ, ELLIOTT M VS. CENTRAL VALLEY AG GRINDING INC – Final Approval Hearing; Plaintiffs’ Unopposed Motion for Final Approval of Class Action Settlement – HEARING REQUIRED.

 

The Court intends to grant the Final Approval but has questions as to counsel’s litigation costs, particularly from the Matern Law Group. Additionally the Court has questions as how the members will know about the split funding and the effect of the members signing releases after the disbursement of the first checks.

 

 

CV-21-002422 – DURAN, ANGEL VS. COUNTY OF STANISLUAS – Petitioner’s Petition from Provisions of Government Code Section 945.4 or Otherwise Accepting His Government Claim as Timely – GRANTED. Pursuant to Executive Orders N-35-20 and N-71-20, Plaintiff had an additional 120 days to present the tort claim. It was timely presented within the specified time.

 

 

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

 

 

PR-18-000116 – ESTATE OF GUADALUPE A OROZCO – Respondents Samuel Orozco, Jr., Yesenia Orozco and Jeremy Orozco’s Motion to Expunge Lis Pendens – CONTINUED on the Court’s own motion to Thursday, May 20, 2021 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:

 

 

CV-19-001129 – BURR, TIFFANY VS. GURNEY TRUCKING INC – Defendants’ Motion to Compel Deposition of Jeremy Levin, M.D., and Richard Barnes – GRANTED.

 

The Court finds that Defendants have established entitlement to an order compelling Plaintiffs to produce their retained experts, Jeffrey Levin, M.D. and Richard Barnes, for deposition in this matter.  Therefore, Plaintiffs shall produce such experts to be deposed in connection with this matter no later than June 11, 2021.

 

 

CV-19-005304 – LEDESMA, ANTONIA VS. ORLANDI, JAMES – Defendants James Orlandi and Rana Orlandi’s Motion for Leave to File Cross-Complaint – GRANTED.

 

Defendants have demonstrated sufficient grounds to file the proposed Cross-Complaint herein. (Code Civ. Proc. §§426.50, 428.10 et seq.) Defendants shall file the Cross-Complaint within 10 days.

 

 

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

 

 

CV-18-003221 – THE PEOPLE OF THE STATE OF CALIFORNIA VS. ZUNIGA, RICARDO – Petitioner’s Motion for Summary Judgment – DENIED.

 

The Court finds that the moving party has failed to establish prima facie entitlement to judgment as a matter of law, in that the motion fails to address the required elements set forth in Health & Saf. Code §11488.5(d)(1), (d)(2), i.e. that the Claimant, Ricardo Zuniga, consented to use of the property with knowledge of its intended or actual illegal use.

 

 

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***