May 24, 2018

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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.

May 24, 2018

 

 

The following is the tentative ruling for a case calendared before Judge Marie S. Silveira in Department 21:

 

 

2023719 – GREWAL, GUVINDER VS. HALLBOYER, KATHRYN - Plaintiffs’ Attorney’s Motion to be Relieved as Counsel -is DENIED, without prejudice.  There is no proof of service on any of the Plaintiffs/Clients present in the Court’s file.  The proof of service present in the Court’s file is on opposing counsel, not the Plaintiffs/Clients.  Even if the proof of service listed the Plaintiffs/Clients as having received notice, the documents were purportedly mailed on May 7, 2018, for a hearing date of May 24, 2018, which is only thirteen (13) Court days’ notice, when sixteen (16) are required.  Additionally, even if the proof of service listed the Plaintiffs/Clients as having received notice, it does not demonstrate that a proposed copy of the Order relieving counsel (MC-053) was served along with the notice of motion (MC-051) and the declaration in support of the motion (MC-052).  Service of a copy of the proposed Order is required by the California Rules of Court, rule 3.1362.

 

 

The following is the tentative ruling for a case calendared before Judge Timothy W. Salter in Department 22:

 

 

2024887 – ROYA, KEVIN E VS. STATE FARM INSURANCE COMPANY – Defendant Jose Quintero’s Motion for Terminating Sanctions – GRANTED, and unopposed.

The Court finds that Plaintiff’s conduct constitutes misuse of the discovery process. (Code Civ. Proc. §2023.010(d),(g).)  The Court further finds that the prior sanctions imposed by the Court in this action, by orders dated 3-6-18 and 4-6-18, have not been effective in compelling Plaintiff to comply with his obligations under the Discovery Act.  Such failures have prejudiced the defense’s ability to obtain basic discovery and to prepare for trial. Therefore, the Court finds that terminating sanctions are warranted.  (Code Civ. Proc.  §§ 2023.030(d).) Plaintiff’s’ Complaint against the moving defendant is dismissed.

No further monetary sanctions are awarded. 

 

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

 

 

***There are no tentative rulings for Department 23***

 

 

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:

 

 

2034227 – MCNAIR, GENEVIEVE VS. TIGERT, HOWARD – Motion to Vacate and Set Aside Judgment – HEARING REQUIRED

 

 

2034378 – CAREFREE COMMUNITIES VS. VERGASOV, FATEKH – Motion for Summary Judgment/Adjudication – HEARING REQUIRED