February 23, 2020

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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.

February 21, 2020

 

 

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

 

 

2130540 - POLHEMUS, KEVIN VS STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION – Plaintiff’s Motion to Dismiss Complaint Without Prejudice – APPEARANCE REQUIRED.

 

 

CV-19-001540 – KNOTT, JEFFREY L vs GENERAL MOTORS LLC A DELAWARE LIMITED LIABILITY COMPANY – Plaintiffs’ Motion to Compel Further Discovery Responses from Defendant, and Request for Sanctions – First Set of Request for Production of Documents - HEARING REQUIRED.

 

On December 20, this Court ordered the parties to have a meaningful meet and confer discussion to resolve this discovery dispute.  It appears that the Order was largely disregarded, except perhaps as to Plaintiffs’ Request for Production No. 25, because that is not referenced in the statement regarding meet and confer.  As to additional guidance, this Court finds that the “refer or relate to” language is overbroad at this initial stage of discovery.  Furthermore, the parenthetical request in Request for Production No. 32 is overbroad.  Therefore, keeping those determinations of the court in mind, the Court requires a hearing on any matters that cannot be resolved by the time of the hearing. 

 

 

CV-19-002248 – DISCOVER BANK vs CASTILLO, MARIA LUISA – Plaintiff’s Motion for Summary Judgment or in the Alternative, Summary Adjudication - MOOT due to settlement and removed from the calendar pursuant to written request by Plaintiff’s counsel, filed February 10, 2020.

 

CV-19-004485 – SEACHRIST, DEANNA vs CONIFER REVENUE CYCLE SOLUTIONS LLC – a) Defendant’s Motion to Compel Arbitration and Stay Action; b)  Plaintiff’s Motion to Compel Defendant Revenue Cycle Solutions LLC dba Conifer Health Solutions’ Discovery Responses to Form Interrogatories-Employment (Set One); Request for Admission (Set One) Request for Production of Documents (Set One) and Request for Sanctions against Defendant and Counsel of Record in the Amount of $2,190.00 - CONTINUED  to April 9, 2020, at 8:30 a.m. in Department 21.

 

 

CV-19-004946 – REYNOLDS, LINDA vs CITY OF CERES – Defendant Alma Ayala’s Motion to Compel Plaintiff Linda Reynolds’ Responses to Discovery - WITHDRAWN per Notice of Withdrawal of Motion to Compel filed on February 19, 2020. 

 

 

The following are the tentative rulings for cases calendared before Judge Stacy P. Speiller in Department 22:

 

 

2029247 – INLAND COMMERCIAL REAL ESTATE SERVICES, LLC VS SARKISSIAN, EDWIN – Order to Show Cause Re Contempt as to Defendant Edwin Sarkissian - APPEARANCE REQUIRED.  At that time, Plaintiff is ordered to show that it provided notice of this Court’s Order of January 27, 2020 to Defendant Sarkissian.

 

 

CV-19-002689 – OGRADY, KEVIN VS CORIZON HEALTH INC – a) Defendant Doctors Medical Center of Modesto’s Motion to Compel Further Responses to Form Interrogatories, Set Two, and Request for Monetary Sanctions; b) Defendant Doctors Medical Center of Modesto’s Motion to Compel Further Response to Request for Admissions, Set One, and Request for Monetary Sanctions - MOOT, per written notice by Defendant Doctors Medical Center of Modesto, filed on February 7, 2020.

 

 

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

 

 

CV-20-000448 – IN RE CHARAN, RAJENDRA – Petitioner’s Petition for Approval for Transfer of Structured Settlement Payment Rights – GRANTED.

 

The Court finds that the Petition establishes the criteria set forth in Ins. Code §10139.5 et seq. and that the proposed transfer is fair, reasonable, and in the Payee’s best interest.

 

 

UD-20-000160 – UNITED RENTALS REALTY LLC VS L&W METALS MANUFACTURING LLC – Defendant L&W Metals Manufacturing LLC’s Demurrer to Complaint - OVERRULED, without prejudice.

 

The Proof of Service demonstrates that the instant matter was filed and served with insufficient notice. (Code Civ. Proc. §1005(b).)  Absent an application demonstrating good cause, the Court lacks jurisdiction to rule on a matter filed less than 16 court days before the hearing date. (Code Civ. Proc. §1005(b); Cal. Rules of Ct., rule 3.1320(c),(d).)

 

 

The following is the tentative ruling for a case calendared before Judge Sonny S. Sandhu in Department 24:

 

 

CV-20-000305 – IN RE B, N. – Petitioner’s Petition for Approval for Transfer of Structured Settlement Payment Rights - HEARING REQUIRED.

 

The Court finds that the Petition fails to provide sufficient evidence addressing the factors enumerated by Ins. Code §§10139.5(b)(1)-(15), which the Court requires in order to determine whether the proposed transaction is fair, reasonable, and in the payee’s best interest.  The payee shall appear at the hearing to address such factors, which include but are not necessarily limited to the following issues:

 

  1. The intended use of the contemplated funds, as the Court notes a discrepancy between the information set forth in the petition and the information set forth in the payee’s declaration in this regard; and

  2. The details of the use of the funds obtained from the previous transfers which were concluded in 2019.

      

     

     

    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***