1st Amended Tentative Ruling Announcement
December 6, 2013
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:
680028 – G3 ENTERPRISES, INC. VS. TOPA INSURANCE COMPANY – Cross-Defendant Sun Valley Express Transport, Inc’s Motion to Consolidate Actions – HEARING REQUIRED.
681400 – RESURGENCE CAPITAL, LLC. VS. HIDALGO, APRIL – Plaintiff’s Motion for Order Compelling Responses to Request for Production of Documents – GRANTED. Defendant shall provide responses, without objection, on or before December 20, 2013.
Defendant shall pay a sanction of $190.00 to Plaintiff's counsel, Nathan A. Searles.
2003950 – IN REGARDS TO DEATHRIAGE, MERRIDITH – Petition for Approval of Structured Settlement Payment Rights in Regards to Merridith Deathriage – GRANTED.
The following are the tentative rulings for cases calendared before Judge Timothy W. Salter in Department 22:
684277 – MAX, SHELLY VS. FEDERAL NATIONAL MORTGAGE – Defendant Max Default Services Corporation’s Demurrer to Plaintiff’s Complaint – SUSTAINED in its entirety with leave to amend, as unopposed. Plaintiff shall file any amended complaint not later than December 16, 2013. Defendant shall then have thirty (30) days to respond to the amended complaint.
2003958 – ALEXANDROVICH, ABE VS. SILVA, IVAN – Defendant’s Motion to Set Aside Default and Vacate Judgment and Recall and Quash any Writs of Execution and Writs of Possession – DENIED.
2004136 – WALLACE, DUSTIN VS. TREVINO, MATTHEW – Defendant Matthew Trevino’s Motion to Quash Service of Summons – DENIED. By filing an answer to the complaint on November 27, 2013, the Defendant has already submitted to the jurisdiction of the Court.
The following are the tentative rulings for cases calendared before Judge Hurl W. Johnson in Department 23:
677394 – THOMPSON, LISA VS. NATIONSTAR MORTGAGE, LLC. – Defendants First Tennessee Bank National Association and Nationstar Mortgage, LLC’s Demurrer to Plaintiff’s Third Amended Complaint – The demurrer of Defendants First Tennessee Bank, et al, to Plaintiffs’ third amended complaint appears on calendar by error. It is set for hearing on December 20, 2013 in Department 23 at 8:30 am.
681865 – CACH, LLC. VS. CRAWFORD, JEANNIE – Plaintiff’s Motion for Order that Matters in Request for Admissions be Deemed Admitted – GRANTED. The admission requests are deemed ADMITTED.
Defendant Jeannine M. Crawford shall pay a sanction of $337.50 to Plaintiff’s counsel, Rachel M. Zwernemann.
683214 – HEINEN, ELWYN VS. KAJIOKA, KEN – Defendant Ken K. Kajioka’s Motion to Compel Further Responses to Interrogatories, Set No. One; Request for Sanctions – GRANTED. Further responses to be provided on or before December 28, 2013.
Plaintiff shall pay sanction in the sum of $1,290.00 to Defendant’s counsel.
The following is the tentative ruling for a case calendared before Judge Roger M. Beauchesne in Department 24:
680611 – WEST, JOEY VS. DOCTORS MEDICAL CENTER – David Allen & Associates Motion to be Relieved as Counsel for Plaintiff – GRANTED, as unopposed. Based upon a review of the moving papers and in the absence of any opposition thereto and good cause shown therein, the motion is granted. Moving counsel is hereby relieved as attorney of record for Plaintiff Joey West. The order will become effective upon the filing of the proof of service of the Order on Plaintiff West.