March 4, 2021

A A A
Civil Tentative Ruling Announcement


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.

March 4, 2021

                                                                        

 

The following is the tentative ruling for a case calendared before Judge John R. Mayne in Department 21:

 

 

CV-20-001918 – LOPEZ, MARIA VS CALJAX INC – Plaintiff’s Motion for Reconsideration is GRANTED. Plaintiff’s Motion for Relief under CCP section 473(d) is MOOT.

 

The court originally ruled that the CCP section 170.6 peremptory challenge was untimely given the 21-day span between the order of reassignment on January 14, 2021 to this court and the filing of the 170.6. Movant does not contest the day count but rather provides a proof of service which states it was signed on Jan. 14, 2021 but indicates the item was mailed on Jan. 20, 2021, which would make the 170.6 timely. Alternatively, Movant asserts that CCP 473(d) would permit reversal of the court’s prior ruling.

 

At the March 1 Case Management Conference, counsel and the Court had a brief conversation in which counsel expressly agreed that the Court should inquire as to the actual date of mailing in this case. Counsel also clarified that the CCP 473(d) claim was essentially a claim of detrimental reliance. The Court’s further inquiry has not clarified the situation to its satisfaction.

 

Treating this as a Motion for Reconsideration, the Court specifically finds that providing the proof of service upon that motion was reasonable as the initial challenge would typically be a pro forma motion. The weight of the evidence does not support a Jan. 14 mailing date. Thus, the motion is granted.

 

This renders moot the alternative motion. If in fact the reassignment was mailed on Jan. 14, the Court believes that the reliance on the Jan. 20 date would have been reasonable and would have been a substantial cause of the late filing.  

 

The peremptory challenge having been granted, the case is ordered reassigned.

 

 

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

 

 

9000118 – IBARRA, BERTHA VS TAIT MD, DOUGLAS - Defendants Andres A. Arellano, M.D., Karen Schaaf, NP, and Mechelle Perea-Ryan, FNC-P's Motion for Summary Judgment, or in the alternative, Summary Adjudication – GRANTED, and unopposed. 

 

Defendants as the moving parties have made a prima facie showing that they are entitled to judgment against Plaintiff as a matter of law.  Based on the Declarations of Richard H. White, MD, Christopher R. Perkins, MD, David L. Slater, MD and Mark D. Alson, MD, the exhibits attached thereto, and the pleadings herein, Defendants have established there are no triable issues of material fact remaining with regard to Plaintiff's claim that they were negligent in their treatment and breached the applicable standard of care.  In the absence of any opposition, Plaintiff has failed to offer evidence which raises a triable issue of material fact as to her theories of liability as against Defendants.  Therefore, the motion for summary judgment is granted and judgment shall be entered in favor of Defendants Andres A. Arellano, MD, Karen Schaaf, NP, and Mechelle Perea-Ryan, FNC-P’s and against Plaintiff Ibarra.

 

 

CV-19-002728 – CONTRERAS, MARCOS ARMENTA VS CENTRAL VALLEY SPECIAL HOSPITAL INC - Plaintiffs' Motion to Compel Further Responses to Request for Production, Set Three and Request for Monetary Sanctions – GRANTED in part and DENIED in part, as sanctions are awarded in a reduced amount. 

 

Defendant shall provide further properly verified responses to Plaintiffs’ Request for Production, Set Three, no later than March 17, 2021.  Plaintiffs are awarded $1250 in sanctions.

 

 

CV-20-002482 – ALWAYS PRIVATE SECURITY SYSTEMS INC VS TEN PIN FUN CENTER LLC – Defendant and Cross-Complainant Ten Pin Fun Center LLC’s Motion to Compel Further Responses to Written Discovery and for Request for Monetary Sanctions - CONTINUED on the Court’s own motion to Thursday, March 25, 2021, at 8:30 a.m. in Department 22. 

 

The parties shall meet and confer as to the sufficiency of the Plaintiff’s February 9, 2021, amended responses to the discovery requests set forth in the motion.  Not later than March 18, 2021 - five (5) court days prior to the continued hearing - the parties shall file a joint status statement no more than five (5) pages long informing the Court of which discovery responses, if any, remain insufficient.  The Court reserves on the issue of monetary sanctions pending the continued hearing.

 

 

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

 

 

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

 

 

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

 

 

CV-19-000338 – MARSHALL, LEO VS BUTLER ANIMAL HEALTH SUPPLY – Defendant Henry Schein, Inc.’s Motion for Summary Judgment – GRANTED.

 

Defendant, as the moving party, has established a prima facie showing of entitlement to judgment against Plaintiff as a matter of law.  The burden then shifts to Plaintiff to produce admissible evidence demonstrating the existence of a triable issue of material fact. (Code Civ. Proc. §437c(p)(2).)  The Court finds that Plaintiff has failed to meet his burden in this regard. Specifically, Plaintiff has failed to demonstrate the existence of a material factual dispute as to whether Defendant could be legally deemed Plaintiff’s employer in accordance with the factors set forth in either Martinez v. Combs (2010) 49 Cal.4th 35 or Laird v. Capital Cities/ABC, Inc. (1998) 68 Cal.App.4th 727.

 

Plaintiff’s objections to Defendant’s evidence are OVERRULED.

 

 

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***