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Tentative Ruling Announcement
Thursday, September 2, 2010
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: (209) 530-3100 or (209) 530-3162, 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 3.21(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.
The following are the tentative rulings for cases calendared before Judge William A. Mayhew in Department 21:
650644 – WARD, C VS. SUTTER CENTRAL VALLEY HOSPITAL – Defendant James Hoyt, M.D.’s Demurrer to Plaintiffs’ First Amended Complaint – SUSTAINED for failure to state causes of action. Plaintiffs have leave to serve a second amended complaint on or before September 3, 2010.
653087 – PACCAR FINANCIAL VS. SANDHU, J – Plaintiff’s Motion to Strike Answer – The Answer of Bellrose Trucking LLC is STRICKEN. A corporation must be represented by an attorney.
654078 – KNOWLTON, R VS. AMERICAN HOME MORTGAGE – Defendant American Home Mortgage Servicing Inc.’s Demurrer to and Motion to Strike Portions of Plaintiff’s First Amended Complaint -- DROPPED.
655097 – IN RE: AVILLA, B – Petitioner’s Petition for Approval for Transfer of Structured Settlement Payment Rights by and Between Brian Avilla and J.G. Wentworth Originations, LLC – HEARING REQUIRED.
The following are the tentative rulings for cases calendared before Commissioner Nancy Williamsen in Department 22 at 8:30 a.m.:
655936 – SALSA, I VS. BENCE, M – Defendants’ Motion to Set Aside Default – GRANTED. Defendants shall serve and file their answer on or before September 9, 2010. Should defendants not timely file their answer, plaintiff may again enter default.
656031 – TETRA DIAMOND INC. VS. MOODY, L – Defendant’s Motion to Set Aside Default – GRANTED. Based on the moving and opposing papers, the Court finds that Defendant Moody in entitled to relief under Code of Civil Procedure § 473(b). The Default entered herein on July 30. 2010 and the Default Judgment entered on August 5, 2010 are both vacated and set aside. The proposed Answer as lodged with the Court shall be filed by the clerk and deemed filed as of the date of this hearing. Defendant is directed to serve a copy of the Answer on counsel for Plaintiff within five (5) days of this hearing. One or both parties are directed to request a trial date through the clerk’s office. Further, the case shall be set for the Court’s own Motion to dismiss on November 5, 2010 at 1:30 p.m. in Department 22.
The following is the tentative ruling for a case calendared before Commissioner Nancy Williamsen in Department 22 at 10:00 a.m.:
647351 – BANK OF STOCKTON VS. FLORES, I – Plaintiff’s Motion for Order Compelling Response to Form Interrogatories, Special Interrogatories and Demand for Production of Documents – GRANTED, as unopposed. Defendant Isacc Flores is directed to serve his full and complete verified responses to the First Set of Form Interrogatories, Special Interrogatories and Demand for Production of Documents as propounded on him by plaintiff on or about June 2, 2010. Said responses are due within twenty (20) days from the date of notice of entry of this order. Objections are deemed waived. Further, sanctions are awarded in favor of plaintiff in the amount of $400.00.
The following is the tentative ruling for a case calendared before Judge Hurl W. Johnson in Department 23:
632816 – BERNAL , S VS. PABLA, C – Defendants’ Motion to Compel Responses to First Sets of Form and Special Interrogatories, Document Production Requests and Requests for Admissions – GRANTED. Plaintiffs shall serve responses, without objection, on or before September 17, 2010. Defendants are awarded sanctions of $540.00.
The following are the tentative rulings for cases calendared before Judge Roger M. Beauchesne in Department 24:
332233 – MAUCTRUST LLC VS. KATAKIS, A – Defendants Andrew Katakis, et al.’s Motion to Require Plaintiffs and Gregory Mauchley to Post an Undertaking – DENIED. They have not shown or established sufficient grounds for doing so.
652171 – AMERICAN ALL RISK LOSS VS. RAMSEY, L – (a) Defendants Larry Ramsey and Jill Ramsey’s Demurrer; (b) Defendants Larry Ramsey and Jill Ramsey’s Motion to Strike Portions of Plaintiff’s Amended Complaint – a) SUSTAINED for failure to state a cause of action. Plaintiffs have leave to serve and file a second amended complaint on or before September 20, 2010. b) MOOT.
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