October 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.

October 19, 2018

 

 

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

 

 

CV-18-002518 – IN RE AUGUST, HUNTER – Peachtree Settlement Funding LLC’s Petition for Approval for Transfer of Structured Settlement Payment Rights – GRANTED, and unopposed.  The Court finds Petitioner has complied with the requirements for transfer of the identified payment pursuant to Insurance Code § 10139.5.  Further, upon review of the terms of the proposed transfer, the Court finds such transfer to be in the best interests of transferor Hunter August.  The Court therefore approves the transfer and grants the relief as prayed for in the petition.

 

 

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

 

 

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

 

 

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

 

 

CV-18-000188 – L.A. COMMERCIAL GROUP VS. MILLER, DAVID ALLEN – Plaintiff’s Motion to Deem Matters Admitted and Request for Monetary Sanctions – GRANTED, and unopposed.

 

The Court finds that Defendant has failed to respond entirely and objections have been waived. (Code Civ. Proc. §2033.280(a).)  Accordingly, the Court has no discretion but to grant Plaintiff’s request.  (Code Civ. Proc. §2033.280(c); St. Mary’s v. Superior Court (Schellenberg) (2014) 223 Cal.App.4th 762, 777-778.). The motion is GRANTED, and the matters contained in Request for Admissions, Set One, are deemed admitted. 

 

The Court finds that Plaintiff is entitled to an award of monetary sanctions for Defendant’s failure to respond to the above-described discovery requests.  (Code Civ. Proc. §§2023.010 et seq.; 2033.280(c); Cal. Rules of Ct., rule 3.1348(a).)  Plaintiff’s motion for monetary sanctions is GRANTED in the amount of $150, to be paid to Plaintiff’s counsel within 14 days.

 

 

CV-18-000547 – TD BANK USA NA VS. LOPEZ, ESTELA C. – Plaintiff’s Motion for Judgment on the Pleadings – CONTINUED, on the Court’s own motion, to November 20, 2018 at 8:30 a.m. in Department 23.

 

The moving papers are deficient in that Plaintiff has not submitted a declaration regarding meet and confer efforts required by Code Civ. Proc. §439.  Plaintiff shall submit the requisite declaration at least 5 court days in advance of the continued hearing date.

 

 

CV-18-001865 – OBAIDI, ZAYNAB VS. MEMORIAL MEDICAL CENTER – Defendant Sutter Valley Hospitals’ Motion to Strike Punitive Damages Allegations and Prayer from Plaintiff’s First Amended Complaint – CONTINUED, on the Court’s own motion, to November 7, 2018 at 8:30 a.m. in Department 23.

 

The moving papers are deficient in that Defendant has not submitted a declaration regarding meet and confer efforts required by Code Civ. Proc. §435.5.  Defendant shall submit the requisite declaration at least 5 court days in advance of the continued hearing date.

 

 

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***