Tentative Ruling Announcement
August 21, 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, 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 firstname.lastname@example.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 3.21 (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. 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.
The following are the tentative rulings for cases calendared before Judge William A. Mayhew in Department 21:
677618 – STRANSKY, DAVID VS. GWALTNEY, CARL – Defendants Motion for Order Directing Transfer of Real Property and for Documentary Evidence of Title – HEARING REQUIRED.
679839 – DUPONT, JOHN VS. PARKS ESTATES – Cross-Defendant Villa Painting’s Motion for Determination of Good Faith Settlement – GRANTED. Court will sign order.
684320 – GREWAL, MANDEEP VS. MELO, MONICA MARIE – Defendant’s Motion to Compel Plaintiff’s Responses Supplemental Interrogatory, Set Two and Supplemental Request for Production of Documents, Set Two and Hardeep Grewal’s Responses to Supplemental Interrogatories, Set Two and Supplemental Request for Production of Documents, Set Two – GRANTED. Responses, without objection, shall be provided on or before September 5, 2014.
Sanctions are DENIED as unjust under the circumstances.
The following are the tentative rulings for cases calendared before Judge Timothy W. Salter in Department 22:
677417 – ASSIA BENHACENE VS. ANESTHETIX HOLDINGS LLC – a) Plaintiff Assia Benhacene’s Motion to Compel Further Responses to Special Interrogatories, Set Two, by Defendant Emanuel Medical Center Inc. b) Plaintiff Assia Benhacene’s Motion to Compel Production of Documents, Set Two – Hearing of the motions of Plaintiff Assia Benhacene to compel further responses by Defendant Emanuel Medical Center to her second sets of production requests and special interrogatories are CONTINUED to August 22, 2014 at 8:30 a.m. in Department 22, for hearing with another motion.
2008378 – CROW, LINDA VS. MODESTO TEACHERS ASSOCIATION – Further Review–
The Court orders a HEARING concerning further review of the petition of the California Teachers Association for injunctive relief.
2008388 – MODESTO TEACHERS ASSOCIATION VS. CALIFORNIA TEACHERS ASSOCIATION – Order to Show Cause Regarding Preliminary Injunction – The Court orders a HEARING on the petition of the Modesto Teachers Association for injunctive relief.
The following are the tentative rulings for cases calendared before Judge John D. Freeland in Department 23:
2010631 – TRUONG, KEN VS. ACUNA, RICARDO O. – Defendant Ricardo O. Acuna and Kristy Acuna’s Demurrer to Plaintiff’s Complaint for Unlawful Detainer – OVERRULED. Defendants shall serve and file their answer on or before August 25, 2014.
2006841 – TBSF5, INC. VS. REED, TIMOTHY – Plaintiff’s Motion for Summary Judgment –
GRANTED. Plaintiff has waived damages and seeks only judgment for possession of the disputed premises. Plaintiff’s statement of undisputed material facts and evidence show there are no triable disputes of material fact that it is entitled to possession of the disputed premises.
The following are the tentative rulings for cases calendared before Judge Roger M. Beauchesne in Department 24:
2002912 – CAPITAL ONE BANK VS. DALEY, DENISE C – Plaintiff/Cross Defendant Capital One Bank’s Motion to Strike Cross-Complaint – DENIED. Where a proposed cross-Complaint is compulsory, the Court will grant leave to file it after Defendant has already filed an answer, so long as the Defendant is acting in good faith. See Code of Civil Procedure § 426.5. The Court deems Defendant’s opposition to the motion herein as a request for leave to file the cross-Complaint and finds there is no indication whatsoever that Defendant is proceeding with anything other than “good faith”.
2004051 – MODESTO’S NEIGHBORHOOD CHURCH VS. CENTER OF HOPE –
a) Modesto’s Neighborhood Church’s Demurrer to Cross-Complaint of Benjamin Hardister
b) Modesto’s Neighborhood Church’s Motion to Strike Unverified Cause of Action to Quiet Title-
a) The demurrers are SUSTAINED, with leave to amend, for failure to state facts sufficient to state a cause of action. Defendant’s opposition to the demurrers indicates numerous additional facts he can allege in an effort to support the stated causes of action. b) The motion to strike is MOOT given the Court’s ruling on the demurrers. The Court also notes that, in review of the file, it would appear that Defendant Benjamin Hardister’s Answer to the Complaint has never been filed, although Defendant has attempted to file it several times. Defendant should file his Answer as soon as possible.
2008223 – UNIVERSAL HOSPITAL SERVICES VS. CENTRAL VALLEY SPECIALTY HOSPITAL – Plaintiff’s Application for Right to Attach Order and Order for Issuance of Writ of Attachment - DROPPED due to Notice of Settlement of Entire Case dated July 29, 2014.