February 19, 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.

February 16, 2018

 

 

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

 

 

***There are no tentative rulings for Department 21***

 

 

The following are the tentative rulings for cases calendared before Judge Timothy W. Salter in Department 22:

 

 

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

 

 

The following is the tentative ruling for a case calendared before Judge John D. Freeland in Department 23:

 

 

2028526 – NEWELL JR, JACK VS BAEZ, MARIA ELENA – Petitioner’s Petition for Judicial Declaration of Abandonment - HEARING REQUIRED. The Petitioner shall appear to provide evidence of damages, as the Petition does not disclose the outstanding charges pursuant to the written rental agreement between the parties. 

 

 

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

 

 

2034050 – DOEL, HARMINDER VS. PARKER, KAY M. - Defendant’s Motion to Quash Service of Summons and Complaint – HEARING REQUIRED.  The parties shall appear to address the issue of whether there is a stay of proceedings in effect due to a pending bankruptcy action, as no documentation has been provided as to the existence of such an action or resultant stay.

 

 

2013523 – DYSON, GREGORY SCOTT VS. BORBA, FRANK - Plaintiff’s Motion for Leave to File an Amended Complaint is GRANTED. Plaintiff shall file the proposed First Amended Complaint not later than February 20, 2018 and Defendants’ response shall be due no later than fifteen (15) days after service of the First Amended Complaint. The Court is mindful of the upcoming trial date, but believes that there are mechanisms at Defendants’ disposal which would serve to ensure the pleadings are at issue prior to that date.

 

 

2024022 – KING, RON VS. MAY-WESELY, MERINNA - Defendant Merinna May-Wesely’s Demurrers to Plaintiff’s Second Amended Complaint are SUSTAINED, in their entirety, with leave to amend. The Plaintiff’s Second Amended Complaint fails to state facts sufficient to constitute the challenged causes of action for conspiracy to defraud creditors and aiding and abetting a fraud upon creditors.  The Plaintiff fails to allege that Defendant knew Defendant House was heavily indebted to Plaintiff Ron King, as opposed to someone generally.  This knowledge is an element of the causes of action at issue, and therefore the causes of action are insufficiently stated.  However, it does appear Plaintiff can amend to allege the necessary elements of the causes of action, and therefore such leave shall be provided.  Plaintiff shall file his Third Amended Complaint not later than March 2, 2018.

 

 

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***