Tentative Ruling Announcement
April 18, 2014
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, COURTCALL 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 email@example.com 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 Court3.21 (b) 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. No Staff Reporters will be available on Tuesdays and Thursdays.
Department 22 -- Tuesdays and Thursdays only. No Staff Reporters will be available on Wednesdays and Fridays.
Department 23 -- Wednesdays and Fridays only. No Staff Reporters will be available on Tuesdays and Thursdays.
Department 24 -- Tuesdays and Thursdays only. No Staff Reporters will be available on Wednesdays or Fridays.
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.
The following are the tentative rulings for cases calendared before Judge William A. Mayhew in Department 21:
671728 – TRAVELERS EXPRESS COMPANY VS. KAUR, GURCHARN – Defendant Amarjit Singh dba Ciceros Market aka Cicero’s Market’s Motion to Set Aside Default and Default Judgment –GRANTED pursuant to Code of Civil Procedure §473.5(b). The default entered on November 16, 2012, and the default judgment entered on February 13, 2013, are hereby SET ASIDE and VACATED. Defendant shall file his proposed answer not later than May 2, 2014. The Court hereby schedules a Case Management Conference in this matter for June 30, 2014 at 3:00 p.m. in Department 21.
680988 - ALI, GALIA VS. AVALON CARE CENTER-NEWMAN – a)Defendant Doctors Medical Center of Modesto’s Demurrer to Third Amended Complaint b) Defendant Avalon Care Center’s Demurrer to Third Amended Complaint c) Defendant Avalon Care Center’s Motion for Protective Order Regarding Plaintiff’s Site Inspection Demand d) Defendant Avalon Care Center’s Motion to Strike Portions of Plaintiff’s Third Amended Complaint –
a) Defendant Doctors’ Medical Center’s Demurrer to Plaintiffs’ Third Amended Complaint is OVERRULED. The third cause of action for negligent infliction of emotional distress states facts sufficient to constitute a cause of action. Defendant shall, therefore, respond to the Third Amended Complaint.
b) Defendant Avalon Care Center’s Demurrer to Plaintiffs’ Third Amended Complaint – OVERRULED. The Plaintiffs’ complaint states facts sufficient to constitute a cause of action for elder abuse. Defendant shall, therefore, respond to the Third Amended Complaint.
c) Defendant Avalon Care Center’s Motion for Protective Order Regarding Plaintiff’s Site Inspection Demand – GRANTED. Furthermore, the Court believes Defendant Avalon Care Center’s offer to provide verified photographs of the sites Plaintiffs wish to inspect strikes a reasonable balance between its patients’ rights to privacy and quality medical and custodial care on the one hand, and the Plaintiffs’ right to discovery, on the other. Thus, sanctions are inappropriate.
d) Defendant Avalon Care Center’s Motion to Strike Portions of the Plaintiffs’ Third Amended Complaint – DENIED. The cause of action for elder abuse is sufficiently stated and therefore the Plaintiffs’ requested damages are appropriately stated.
2003830 – BALBO, FRANK VS. SENIOR CARE TURLOCK – Defendants Seasons at Turlock/Boise LLC dba Paramount Court Senior Living and Betty McCluskey’s Petition to Compel Arbitration - DENIED. The Plaintiffs’ claims for wrongful death are non-arbitrable third party claims under Code of Civil Procedure § 1281.2 (c). There is a distinct possibility of conflicting rulings on common questions of law and fact if the survivor claims but not the wrongful death claims are ordered to arbitration, given that the claims are based on allegations that the decedent received inadequate care. The Court therefore DENIES the petition. See e.g.
Daniels v. Sunrise Senior Living (2013) 212 Cal. App. 4th 674.
The following are the tentative rulings for cases calendared before Judge Timothy W. Salter in Department 22:
673147 – GUTIERREZ, LUIS VS. AUTO 1 PAY – Plaintiff’s Motion for Entry of Judgment Pursuant to Code of Civil Procedure § 664.6 – The Court orders a HEARING on the motion of Plaintiff Luis Guiterrez for entry of judgment pursuant to Code of Civil Procedure § 664.6.
2003891 – LAS CASITAS S. UTZ, TAMMY – Plaintiff’s Motion to Consolidate Two Related Cases – The motion of Plaintiff Las Casitas Mobile Home Park for consolidation is DENIED for complete failure to comply with the procedural requirements of rule 3.350 of the California Rules of Court.
The Court exercises its inherent power to control its proceedings to STAY this action, No. 2003891, pending judgment in action No. 680593 also before this Court. All the relief sought by Las Casitas Mobile Home Park in this action, filed on October 28, 2013, is also sought by Las Casitas in its Cross-Complaint filed on June 6, 2013, in action No. 680593.
Should Las Casitas dispute the stay the Court is imposing in this action, it shall request a hearing on the current motion to consolidate and explain how judgment on its prior-filed cross-Complaint will not dispose of all issues raised in this later-filed unlawful detainer action.
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:
2004953 – CORTES, DENISE VS. BUHLER, RONALD – Defendants John A. Myrtakis, Ken Elving, Matel Realtors, Matel Property Management, and Jamke’s General and Special Demurrers to Plaintiff’s Complaint – MOOT. Plaintiff filed a First Amended Complaint on April 7, 2014.
675171 – ODICHO, JANET D. VS. FOSTER, LEANNE M. – Defendant Leanne M. Foster’s Motion to Compel Plaintiff Janet Odicho’s Attendance at Deposition and Request for Sanctions –
GRANTED, as unopposed. Plaintiff Janet Odicho is hereby ordered to attend her properly noticed deposition to be scheduled within fifteen (15) days of the date the Court signs the order as to this Motion. Furthermore, Plaintiff is ordered to pay $410 in monetary sanctions directly to Defendant Leanne M. Foster’s attorney of record: Steven Finch, McDowell, Shaw, Colman & Garcia.
2003221 – GLOBAL DISCOVERIES VS. SIMISON, JUSTIN – Plaintiff Global Discoveries LTD’s Motion for Entry of Default and Default Judgment - DENIED, at this time, as the Court remains of the opinion that Defendant Justin Simison has not received actual notice of the lawsuit against him.