January 20, 2019

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Civil Tentative Ruling Announcement
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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 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.

 

January 18, 2019

 

 

The following are the tentative rulings for cases calendared before Judge Marie S. Silveira in Department 21:

 

 

CV-18-003857 – MORSE, CARRIE YVONNE VS. GUTIERREZ, MARIA SALAS – Defendant’s Motion to Quash Service – DENIED.  Registered process server Dean Stone completed service of all necessary documents on Defendant/Respondent on December 13, 2018 at 5:40 p.m.

 

2027929 – POWERS, KERRY VS. BOERSMA, BRENT – Defendant’s Motion to Compel Plaintiff to Submit to Deposition – DROPPED at the request of the moving party and pursuant to a telephone call to the Clerks’ Office on January 8, 2019.

 

 

CV-18-3955 – IN RE 118 KELLEY STREET, MODESTO, CA 95354 – Claims on Deposited Surplus Funds From Trustees’ Sale – GRANTED.  On proof made to the satisfaction of the Court that the motion ought to be granted: IT IS ORDERED that her Claim be, and hereby is, GRANTED. The $62,837.45 on deposit with the Clerk of the Court, plus all accrued interest thereon, shall be distributed to Claimant Joann R. Morgan.

 

 

CV-18-003466 – WORCESTER, KIM VS. ALLSTATE INSURANCE – Defendant’s Demurrer to Complaint – SUSTAINED without leave to amend.  An injured party has no direct rights against a tortfeasor’s insurer and cannot join the insurer in an action against the insured.  See Shaolian v. Safeco Ins. Co, (1999) 71 Cal.App.4th 268.

 

 

9000680 – YOUSIF, ALEENA VS. PHAN, MD, ALEX – Defendant Douglas Tait, MD’s Motion for Summary Judgment – DROPPED at the request of the moving party and pursuant to a telephone call received by the Clerks’ Office on January 15, 2019.

 

 

The following are the tentative rulings for cases calendared before Honorable Timothy W. Salter sitting on assignment in Department 22:

 

 

***There are no tentative rulings for Department 22***

 

 

The following are the tentative ruling for cases calendared before Judge John D. Freeland in Department 23:

 

 

CV-18-002829 – DUNNING, CYNTHIA VS. CALIBER HOME LOANS INC – Defendant Caliber Home Loans - SUSTAINED, in part, with leave to amend; SUSTAINED, in part, without leave to amend.

 

As to the 2nd Cause of Action for Promissory Estoppel and the 4th Cause of Action for Quiet Title, the Court notes that Plaintiff did not oppose the demurrer on these grounds; therefore, the Court presumes that Plaintiff has abandoned these claims. (Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20.)   The demurrer is SUSTAINED without leave to amend as to these causes of action.

 

As to the 1st Cause of Action for Wrongful Foreclosure, the 3rd Cause of Action for Violation of Bus. & Prof. Code §17200, and the Fifth Cause of Action for Negligence, the Court finds that the First Amended Complaint fails to state facts sufficient to constitute these causes of action.  Therefore, the demurrer is SUSTAINED as to these causes of action, and Plaintiff is granted 20 days’ leave to amend.

 

 

2004087 – NIM, KEVIN VS. PACFIC SPECIALTY INS CO – Defendant’s Motion for Order Bifurcating Trial and Ordering the Trial of Coverage Issues Before the Trial of all Other Issues – GRANTED, and unopposed.

Defendant has demonstrated good cause for the Court to order bifurcation in this instance.  Specifically, the Court finds that the determination is within the Court’s discretion and that it is likely to promote the ends of judicial economy and efficiency in the trial of this action.

 

The following are the tentative rulings for cases calendared before Judge Roger M. Beauchesne in Department 24:

 

 

***There are no tentative rulings for Department 24***

 

 

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***