Stanislaus County
550,660
1,495
Modesto
1854
District 1 – Kristin Olsen
District 2 – Vito Chiesa
District 3 – Terry Withrow
District 4 – Tom Berryhill
District 5 – Jim Demartini
General Law
1010 10th Street Modesto, CA 95354
Stanislaus River, named after Estanislao, a native of the area when California was under Spanish and Mexican rule.
Motion Requesting Order to Remove Trustee, and Order to Appoint John Amaral as New Trustee, an Order to Place Property Back into Trust and an Order for Attorney’s Fees & Costs – Hearing Required....
May 13, 2021
Stanislaus County, CA
2028663 – SAING, SOVANNA vs. FCA US LLC – Plaintiff’s Motion for Attorney’s Fees and Costs Pursuant to Civil Code Section 1794(d) – GRANTED, in part, and DENIED, in part. The Court exercises its discretion in determining what award is justified in this context. (Goglin v. BMW of North America, LLC (2016) 4 Cal.App.5th 462.) Hours Reasonably Wor...
May 13, 2021
Stanislaus County, CA
SONS INC vs. GOMES, ROBERT W – Plaintiff/Cross-Defendants’ Motion for Attorney’s Fees and Costs Pursuant to Civil Code Section 1717 – CONTINUED, on the Court’s own motion, to June 15, 2021 at 8:30 a.m. in Department 24. The Court previously continued the hearing and instructed the moving parties to submit supplemental evidence to support the lode...
May 13, 2021
Stanislaus County, CA
Motion for Judgment on the Pleadings – DROPPED as MOOT pursuant to the settlement reached by the parties herein on May 3, 2021, with Judge John D. Freeland....
May 13, 2021
Stanislaus County, CA
Compliance Hearing - HEARING REQUIRED. As to those remaining who are not represented by class counsel, the Court has concerns with both submissions. Defendant’s proposed letter contains language requiring an opt-in, which appears to defeat the general design of the class action settlement. Plaintiffs’ proposed letter is notably repetitive. The ...
Apr 28, 2021
John R. Mayne
Stanislaus County, CA
Plaintiff’s Motion to Strike or, in the alternative, Tax Costs Contained in the Memorandum of Costs – DENIED. The Motion to Tax Costs is untimely pursuant to Cal. Rules of Ct., rule 3.1700(b)(1). CV-19-002100 – GREGORIO, ADOLFO F VS CAMPOS, ARMANDO MENDOZA – Defendant Kamal Sherkasi’s Demurrer to the Complaint - SUSTAINED, with leave to amend, an...
Apr 28, 2021
Stanislaus County, CA
Defendant Benjamin J. Remington, M.D.’s Motion to Bifurcate Trial on Statute of Limitations (Code Civ. Proc. §§598, 597, 597.5) - GRANTED. The parties are in agreement that the defense is entitled to a separate initial trial on the statute of limitations defense pursuant to Code Civ. Proc. §597.5. The parties are also in agreement that both phase...
Apr 28, 2021
Stanislaus County, CA
Defendant Hills Stainless Steel & Equipment Inc.’s Motion for Good Faith Settlement – GRANTED, and unopposed. The Court finds sufficient evidence from which to conclude that the subject settlement was entered in good faith and within the meaning of Code Civ. Proc. § 877.6(a)(2) and Tech-Bilt Inc. v. Woodward Clyde & Associates (1985) 38 Cal.3d 48...
Apr 28, 2021
Stanislaus County, CA
Hearing on the Fifth Appellate District’s Directive regarding Attorneys’ Fees and Costs – DROPPED, as counsel failed to submit moving papers. Counsel encouraged to request a new hearing date with an agreed-upon briefing schedule. CV-19-000134 – DISCOVER BANK VS. PABUSTAN, DIOMEDES – Plaintiff’s Motion to Deem Facts as Admitted – GRANTED, and unop...
Apr 21, 2021
Stanislaus County, CA
Plaintiff’s Motion for Order to Continue the Trial Date, and Related Motion or Discovery Dates – HEARING REQUIRED. CV-19-006140 – THE PEOPLE OF THE STATE OF CALIFORNIA VS. GARCIA, MARIO, JR – Petitioner’s Motion to Compel Responses and for Order that Admissions be Deemed Admitted – HEARING REQUIRED. CV-20-001938 – MAGDALENO, RAMON VS. BARAJAS, ...
Apr 21, 2021
John R. Mayne
Stanislaus County, CA
Defendant’s Motion to Amend Judgment to Award Costs Nunc Pro Tunc – GRANTED, and unopposed. The proposed corrected judgment will be filled in with the amount of $1,798.24 and signed by the Court. CV-19-002728 – CONTRERAS, MARCOS ARMENTA VS. CENTRAL VALLEY SPECIALTY HOSPITAL INC – a) Plaintiffs’ Motion for an Order that Requests for Admission, Set...
Apr 21, 2021
Stanislaus County, CA
ASSOCIATES INC vs BRUNK INDUSTRIES – Plaintiff’s Motion to Set Aside Dismissal Previously Entered and for Entry of Judgment Pursuant to Stipulation – GRANTED, and unopposed. The Court will sign the Judgment submitted by Plaintiff in the amount of $125,917.54. CV-20-002807 – DELCORSO, STEVEN vs WESTLAND TECHNOLOGIES INC – Plaintiff’s Motion for ...
Apr 06, 2021
John R. Mayne
Stanislaus County, CA
2000291 – PORTFOLIO RECOVERY ASSOCIATES vs ROBY, JERRY A – Plaintiff’s Motion to Vacate Judgment – GRANTED. Plaintiff has demonstrated sufficient grounds for the relief sought herein. The judgment is vacated and the action is dismissed without prejudice. The Court will sign the proposed order submitted by Plaintiff. CV-20-002683 – PADILLA, GEOR...
Apr 06, 2021
Stanislaus County, CA
9000819 – CRUZ, MARIELA vs TRAINA DRIED FRUIT INC – a) Defendant Traina Dried Fruit, Inc.’s Motion to Enforce Class Action Settlement Agreement and Release – DENIED; b) Compliance Hearing – HEARING REQUIRED. a) Defendant Traina Dried Fruit, Inc.’s Motion to Enforce Class Action Settlement is DENIED. b)However, the Court has inherent power to de...
Mar 24, 2021
John R. Mayne
Stanislaus County, CA
2018207 – MAINES, DEBRA J vs MAINES, LINDA G – Referee’s Report of Referee and Petition for Order Confirming Sale of Real Property – APPROVED. The proposed sale of lots 56 and 57 of the Lewis Tract, commonly referenced as 1008 Mae Street in Turlock, is APPROVED. The real estate agent’s fees of $11,100 is APPROVED. All remaining issues are reserve...
Mar 24, 2021
Stanislaus County, CA
9000526 – SEABRIGHT INSURANCE COMPANY vs. DEL MONTE FOODS INC – Defendant R&S Erection Tricounty INC’s Motion for Determination of Good Faith Settlement – GRANTED, and unopposed. The Court finds the subject settlement was entered in good faith and within the meaning of Code Civ. Proc. § 877.6(a)(2) and Tech-Bilt Inc. v. Woodward Clyde & Associate...
Mar 17, 2021
Stanislaus County, CA
2018720 – BAHADUR, DILLAN vs. STANISLAUS UNION SCHOOL DISTRICT – Defendant Stanislaus Union School District’s Motion for Partial Judgment on the Pleadings – VACATED. The Motion was withdrawn by the moving party on March 10, 2021....
Mar 17, 2021
Stanislaus County, CA
9000526 – SEABRIGHT INSURANCE COMPANY vs DEL MONTE FOODS INC – Defendant System Inc.’s Motion for Determination of Good Faith Settlement (CCP Section 877.6) – GRANTED, and unopposed. The Court finds the subject settlement was entered in good faith and within the meaning of Code Civ. Proc. § 877.6(a)(2) and Tech-Bilt Inc. v. Woodward Clyde & Assoc...
Mar 11, 2021
Stanislaus County, CA
9000118 – IBARRA, BERTHA vs TAIT MD, DOUGLAS – Defendant Douglas Tait, M.D.’s Motion to Deem Matters Admitted – GRANTED, and is unopposed. The Requests for Admissions are hereby deemed admitted. CV-20-001606 – MICHAEL, RAPHAEL vs NUNNEMAKER, JONNA – Defendant’s Motion to Strike Portions of Plaintiff’s First Amended Complaint – Plaintiff’s Req...
Mar 11, 2021
Stanislaus County, CA
652063 – CAPITAL ONE BANKS vs MUSIC, JERRY A - Plaintiff’s Motion to Set Aside and Vacate Default Judgment – DENIED, without prejudice. The Court does not have jurisdiction to grant the relief requested under Cal. Civ. Pro. §473(b)....
Mar 10, 2021
Stanislaus County, CA
2021796 – DOCTORS MEDICAL CENTER OF MODESTO INC vs GARDNER TRUCKING INC – Defendant’s Motion for Summary Judgment or, in the alternative, Motion for Summary Adjudication – PRIOR TENTATIVE RULING AFFRIMED and MODIFIED, as follows: The Court affirms the prior tentative ruling, issued on 1-13-21, as to the lead action (Case No. 2021796); however, th...
Mar 10, 2021
Stanislaus County, CA
2028663 – SAING, SOVANNA vs FCA US LLC – Plaintiff’s Motion for Attorney’s Fees and Costs Pursuant to Civil Code Section 1794(d) – HEARING REQUIRED. The Court notes that the parties have again failed to comply with the Court’s order that a Joint Status Statement be filed in advance of the hearing. Counsel for both parties shall appear at the time...
Mar 10, 2021
Stanislaus County, CA
676073 – MIDLAND FUNDING LLC vs GILL, SANDEEP – Defendant’s Motion to Set Aside Default and Default Judgment - HEARING REQUIRED. The Court is inclined to GRANT the motion, based on the moving papers and supporting evidence, and in view of the apparent lack of opposition. However, due to the passage of time since the last activity on the case, the...
Mar 10, 2021
Stanislaus County, CA
Receiver Gary R. Farrar’s Motion for Approval of Final Account and Report – HEARING REQUIRED. Based on review of the moving and supporting papers and the evidence submitted herein, the Court is inclined to GRANT the receiver’s motion. The Court will conduct a hearing with regard to the issue of allocation of the net proceeds. The parties shall be...
Feb 26, 2021
Stanislaus County, CA
a) Plaintiff’s Motion to Appoint Ashleigh Soza as Successor in Interest; b) Administrator’s Motion to Substitute Nolan Shaw, Personal Representative of the Estate of Stacy Carlson, in place of Deceased Plaintiff Stacy Carlson – a) & b) – Both matters are CONTINUED, on the Court’s own motion, to March 25, 2021 at 8:30 a.m. in Department 23. The Co...
Feb 26, 2021
Stanislaus County, CA
Defendant System Inc’s Motion for Determination of Good Faith Settlement (CCP Section 887.6) – HEARING REQUIRED. The proof of service does not comply with the provisions of Code Civ. Proc. §1010.6(e), which requires one serving a represented party by electronic means to demonstrate confirmation of the correct electronic address for counsel being ...
Feb 25, 2021
Stanislaus County, CA
Plaintiff’s Attorney’s Motion to be Relieved as Counsel – GRANTED, and unopposed. The Court delays the effective date of the order relieving counsel until proof of service of a copy of the signed order on the client has been filed with the Court. CV-18-000306 – BARCLAYS BANK DELAWARE VS. ANDERSON, DIANA A – Plaintiff’s Motion to Set Aside Dismiss...
Feb 25, 2021
Stanislaus County, CA
Plaintiff’s Motion for Modification of Judgment by Adding Additional AKA to the Judgment Debtor’s Name – DENIED, without prejudice. No proof of service has been submitted. In addition, Plaintiff has failed to submit the supporting declaration of counsel or any evidence demonstrating that the name sought to be added to the judgment is an additiona...
Feb 24, 2021
Stanislaus County, CA
Respondent Paula Charron’s Motion to Tax Costs – GRANTED in part and DENIED in part as follows. Petitioner’s claimed costs in the amount of $126,674.17 are taxed in the amount of $118,796.25 – leaving an award of $7,877.92 in costs in favor of Petitioner. Respondent claims the burden lies with Petitioner to prove the reasonableness and necessity ...
Feb 24, 2021
Stanislaus County, CA
a) Defendant’s Motion for Judgment on the Pleadings against Plaintiffs Bakersfield Land Co., LLC and Laborde Land Co., LLC – DENIED. b) Defendant’s Motion for Summary Judgment; or, alternatively, Motion for Summary Adjudication; or alternatively, Motion for Judgment on the Pleadings –SUMMARY JUDGMENT DENIED; SUMMARY ADJUDICATION GRANTED in part (1s...
Feb 24, 2021
Stanislaus County, CA
9000819- CRUZ, MARIELA vs. TRAINA DRIED FRUIT INC – Compliance Review – HEARING REQUIRED. Based upon the declaration of Nathalie Hernandez, the operations manager for settlement fund administrator ILYM Group, Inc., all terms and conditions of the approved class action settlement and judgment thereon have been satisfied and any undisbursed funds h...
Feb 18, 2021
John R. Mayne
Stanislaus County, CA
9000647 – HOLLINSHED, LYNETTE vs. EMPLOYMENT DEVELOPMENT DEPARTMENT – Defendants Employment Development Department and Mary Ruiz’s Motion for Summary Judgment or, in the Alternative, Summary Adjudication – HEARING REQUIRED. The Motion is GRANTED IN PART AND DENIED IN PART, as follows. The Court GRANTS summary adjudication as to all claims and cau...
Feb 18, 2021
Stanislaus County, CA
2130591- CARLSON, ROBERT L vs. ASHLOCK, GABRIEL – Plaintiff’s Motion for Entry of Judgment on Plaintiff’s First Amended Complaint – GRANTED, and unopposed; and for Dismissal of Defendant’s Cross-Complaint – GRANTED, and unopposed. Plaintiff’s Motion for Judgment on the Pleadings is GRANTED, and unopposed. Code of Civil Procedure section 438(h)(2)...
Feb 18, 2021
Stanislaus County, CA
2015697 – DEANDA, VICTOR vs. EVITT, DELBERT – Plaintiff’s Application for Order to Show Cause Why Defendant Bryan Evitt Should not be Held in Contempt of Court – DROPPED. The application for an order to show cause is DROPPED at the request of the moving party and pursuant to a telephone call to the Clerk’s Office on February 10, 2021....
Feb 17, 2021
Stanislaus County, CA
9000745 – MODESTO CITY SCHOOLS vs. PANAMAX LLC – a) Defendant Core Brands LLC’s Motion to Compel Plaintiff’s Further Responses to Interrogatories; b) Defendant Core Brands LLC’s Motion to Compel the Deposition of Travelers’ Person Most Qualified and the Production of Documents – HEARING REQUIRED. CV-21-000177 – NOORIGIAN, HARRY vs. ESTATE OF ALBE...
Feb 17, 2021
Stanislaus County, CA
Plaintiff's Motion for Final Approval of Class Settlement – GRANTED. Based on the moving papers and the lack of opposition or objection, the court finds the proposed settlement to be adequate and reasonable as presented, and therefore it is approved. The proposed attorney’s fees of $66,666.67 and litigation costs of $15,000 are reasonable and sha...
Feb 04, 2021
Stanislaus County, CA
Respondent’s Motion for Reconsideration to Strike the Petition for Lack of Personal Jurisdiction – CONTINUED, on the Court’s own motion, to February 19, 2021 at 8:30 a.m. in Department 23. The Court notes that the motion references a supporting declaration and exhibits but such documents are not contained in the Court’s file. The hearing is conti...
Feb 04, 2021
Stanislaus County, CA
Compliance Hearing re Disposition of Settlement – HEARING REQUIRED....
Feb 04, 2021
Stanislaus County, CA
Plaintiff’s Motion to Amend Renewed Judgment and of Nonappearance – GRANTED, and unopposed. CV-19-006451 – RORABAUGH, VAN L VS SANDHU, NARINDERPAL – Defendants Narinderpal Sandhu and Rajwant Sandhu’s Demurrer to the First Amended Complaint - SUSTAINED IN PART AND OVERRULED IN PART as follows. Demurrer Nos. 7, 10, and 21 are sustained with leave...
Feb 02, 2021
Stanislaus County, CA
Plaintiff's Motion for Order Vacating Dismissal and Entering Judgment Against Defendant Pursuant to CCP 664.6 – HEARING REQUIRED The parties are invited to appear to discuss whether the motion was properly served....
Feb 02, 2021
Stanislaus County, CA
Plaintiff’s Motion to Vacate Judgment – DENIED, without prejudice. Code of Civil Procedure section 473, subdivision (d), provides for vacating or modifying a judgment if there is a clerical error or if the initial judgment was void. There is no court clerical error alleged, and the default judgment was not alleged to be void. This is without prej...
Feb 02, 2021
John R. Mayne
Stanislaus County, CA
Assignee NDS LLC’s Hearing on Order to Show Cause why Defendant/Judgment Debtor’s Interest in Real Property Should Not Be Sold to Satisfy Judgment – DENIED, without prejudice. The hearing date obtained by the Applicant does not comply with the time limits set forth in Code Civ. Proc. §704.770(a), and the application does not demonstrate good caus...
Jan 27, 2021
Stanislaus County, CA
Defendants Employment Development Department’s and Mary Ruiz’s Motion for Summary Judgment or, in the Alternative, Summary Adjudication – GRANTED IN PART AND DENIED IN PART, as follows. The Court GRANTS summary adjudication as to all claims and causes of action arising from conduct that occurred prior to January 13, 2016, when Plaintiff signed a ...
Jan 27, 2021
Stanislaus County, CA
2027536 – ALVAREZ, MARY vs. SEQUEIRA, LESTER – Defendant’s Motion for Order Compelling Plaintiff’s Compliance with the Court’s Orders Imposing Monetary Sanctions and Request for Further Monetary, Issue, Evidentiary and/or Terminating Sanctions – GRANTED, in part; DENIED, in part, without prejudice. Under the circumstances, the Court declines to r...
Jan 20, 2021
Stanislaus County, CA
2028632 – MENDEZ, HECTOR vs. PRIME SHINE INC – Compliance Hearing re Disposition of Settlement – HEARING REQUIRED....
Jan 20, 2021
Stanislaus County, CA
2028663 – SAING, SOVANNA vs. FCA US LLC – Plaintiff’s Motion for Attorney’s fees and Costs (Civ. Code §1794(d)) - CONTINUED, on the Court’s own motion, to March 10, 2021 at 8:30 a.m. in Department 24. The Court notes that the parties have failed to demonstrate compliance with the Court’s previous order on 11-19-2020. Therefore, the hearing is aga...
Jan 20, 2021
Stanislaus County, CA
2024825 – CURDY, JOSEPH vs CITY OF OAKDALE – a) Defendant’s Motion for Summary Judgment or Alternatively, Summary Adjudication; b) Defendant’s Motion to Bifurcate Trial – (a) SUMMARY JUDGMENT GRANTED; (b) Defendant City of Oakdale’s Motion to Bifurcate Trial – DENIED, as MOOT. (a) Plaintiff’s request for a further continuance is denied. The reque...
Jan 15, 2021
Stanislaus County, CA
2026114 – HOWEY, JASON vs BATTERY SYSTEMS INC – Compliance Hearing – GRANTED. Compliance has been shown. The Court will sign the proposed Amended Final Order and Judgment. CV-19-001779 – HIETT, DEEDEE vs VALLEY CRITTER CARE INC – Plaintiffs’ Motion to Set Aside Default Judgment, Order, Decision, Tentative Ruling, or Ruling – CONTINUED, at the r...
Jan 15, 2021
Stanislaus County, CA
2021796 – DOCTORS MEDICAL CENTER OF MODESTO INC vs GARDNER TRUCKING INC – Defendant Gardner Trucking Inc.’s Motion for Summary Judgment or in the Alternative Summary Adjudication – Summary Judgment DENIED; Summary Adjudication GRANTED as to the Second and Fourth Causes of Action; Summary Adjudication DENIED as to the First, Third, and Fifth Causes ...
Jan 14, 2021
Stanislaus County, CA
2017458 – CARLSON, STACEY vs GANT, VERNON – Defendant Vernon F Gant, an Individual and doing business as the Law Office of Gant & Gant’s Motion for Summary Judgment – CONTINUED, on the Court’s own motion, to March 5, 2021 at 8:30 a.m. in Department 23....
Jan 14, 2021
Stanislaus County, CA
9000647 – HOLLINSHED, LYNETTE vs EMPLOYMENT DEVELOPMENT DEPARTMENT – Defendants Employment Development Department’s and Mary Ruiz’ Motion for Summary Judgment or, in the Alternative, Summary Adjudication – CONTINUED on the Court’s own motion to January 27, 2021, at 8:30 a.m. in Department 22. CV-18-000121 – AMERICAN EXPRESS NATIONAL BANK vs CORTE...
Jan 14, 2021
Stanislaus County, CA
Defendant’s Motion to Set Aside and Vacate Judgment (Code Civ. Proc. §663a) – DENIED. Defendant has not demonstrated an incorrect or erroneous legal basis for the challenged decision....
Jan 06, 2021
Stanislaus County, CA
Defendant Jelly Belly Candy Co.’s Motion to Tax Costs – GRANTED, in part. The Court finds that Defendant has its her burden of demonstrating that certain of the costs claimed are unrecoverable under Code Civ. Proc. §1033.5, or that certain claimed costs are excessive and/or unreasonable, such that the burden shifts to Plaintiffs to show that the ...
Jan 06, 2021
Stanislaus County, CA
Plaintiff Pardeep Sahota’s Motion to Compel Further Responses from Defendant John J. Souza, Jr. to Request for Production of Documents, Set 1; and for Monetary Sanctions – GRANTED. Based on the Joint Status Statement, it appears that the parties have now engaged in meaningful meet and confer efforts as directed by the Court and that these efforts...
Dec 11, 2020
Stanislaus County, CA
Defendant’s Motion for Order Granting a Prior Separate Trial on Liability Issues – GRANTED, in part; DENIED, in part. The Court finds that Defendant is entitled to invoke the procedure prescribed by Civ. Code §3295(d), with regard to a separate trial for the presentation of financial evidence and the determination of the amount of punitive damage...
Dec 11, 2020
Stanislaus County, CA
Paula Charron’s Motion to Tax Costs Originally Filed 08/01/19 – HEARING REQUIRED. Counsel to apprise of status of stipulation....
Nov 19, 2020
Stanislaus County, CA
2028663 – SAING, SOVANNA vs. FCA US LLC – Plaintiff’s Motion for Attorney’s Fees and Costs Pursuant to Civil Code Section 1794(d) – CONTINUED, on the Court’s own motion, to January 20, 2021 at 8:30 a.m. in Department 24. The parties are instructed to meet and confer, through their respective counsel, in a good faith attempt to narrow and/or resol...
Nov 19, 2020
Stanislaus County, CA
Defendants Sepehr Khanian, Steven Hall, Parliament Financial Group, Summit Research Firm, Inc. and Nationwide Consumer Solutions Corp.'s Motion to Dismiss for Failure to Bring Case to Trial within 5 Years - HEARING REQUIRED. Counsel shall appear to advise the Court as to the status of the matter....
Nov 03, 2020
Stanislaus County, CA
Plaintiff’s Motion to Continue Case Management Hearing and Postpone All Legal Matters – GRANTED in part, DENIED in part and unopposed. Plaintiff’s unopposed request to continue the Case Management Conference scheduled for November 30, 2020 is granted. The Case Management Conference is rescheduled for March 8, 2021, at 1:30 p.m. in Department 22. ...
Nov 03, 2020
Stanislaus County, CA
2028516 – PRASAD, RAJENDRA RAYMOND vs. REDDING, ROSS B – Plaintiff’s Motion to File Amended Complaint – GRANTED, and unopposed. The Court finds that the motion establishes sufficient grounds for the amendment to substitute Plaintiff’s successor-in-interest to pursue his surviving claims in this action. (Code Civ. Proc. §377.32.) Plaintiff shall f...
Oct 23, 2020
Stanislaus County, CA
2021796 – DOCTORS MEDICAL CENTER OF MODESTO INC vs. GARDNER TRUCKING INC – Defendant Gardner Trucking Inc.’s Motion for Summary Judgment or, in the alternative, Summary Adjudication – CONTINUED, on the Court’s own motion, to January 14, 2021 at 8:30 a.m. in Department 23. The Court requires more time to review this matter....
Oct 23, 2020
Stanislaus County, CA
2130576 – STAMOS, NICHOLAS JAMES vs. SAVE MART COMPANIES INC. – Plaintiff Michelle Ann Stamos’ Motion to Continue Action as Plaintiff Decedent’s Successor in Interest, CCP Section 377.32 – GRANTED, and unopposed. The Court will sign the proposed order submitted by Plaintiff. CV-20-002421 – SINGH, RUPINDER vs. SINGH, SARBINDER – Defendants Sarbi...
Oct 22, 2020
Stanislaus County, CA
2014212 – MENDEZ-VILLEGAS, TERESA vs. DUARTE NURSERY INC – Defendant Patricia Lopez’s Motion for Summary Judgment (CCP 437c) – DENIED. Plaintiffs have sufficiently demonstrated that an issue of fact exists as to whether Defendant Patricia Lopez is individually responsible for violations of Labor Code sections 558 or 1197.1. There is testimony tha...
Oct 22, 2020
Stanislaus County, CA
a) Defendant Gardner Trucking Inc’s Motion for Summary Judgment or in the Alternative Summary Adjudication; b) Defendant Gardner Trucking Inc’s Motion to File Under Seal Exhibits in Support of Defendant Gardner Trucking Inc’s Motion for Summary Judgment or in the Alternative Summary Adjudication; c) Plaintiffs’ Motion for Leave to File First Amende...
Oct 09, 2020
Stanislaus County, CA
Third Party Zurich American Insurance Company’s Motion for an Order Granting Leave to File a Complaint in Intervention to Assert Workers’ Compensation Lien – GRANTED, and unopposed. The Court finds that the action falls within the provisions of Lab. Code §3853, such that intervention is mandatory under Code Civ. Proc. §387(d)(1)(A). Therefore, th...
Oct 09, 2020
Stanislaus County, CA
Paula Charron’s Motion to Tax Costs Originally Filed 08/01/19 – HEARING REQUIRED:The parties shall be prepared to update the Court with regard to whether a personal representative has been appointed for the petitioner....
Oct 08, 2020
Stanislaus County, CA
Plaintiff’s Joint Motion for Preferential Trial Date – GRANTED. Plaintiffs have demonstrated that Addison Rafferty is entitled to trial preference based on Code Civ. Proc. §36(b). The Court further finds that the interests of justice are served by granting preference to the remaining Plaintiffs as well. (Code Civ. Proc. §36(e).) The defense’s r...
Oct 08, 2020
Stanislaus County, CA
a) Defendant City of Oakdale’s Motion for Summary Judgment or Alternatively, Summary Adjudication – SUMMARY JUDGMENT GRANTED, and unopposed; b) Defendant City of Oakdale’s Motion to Bifurcate Trial – DENIED, as MOOT, in view of the Court’s ruling granting summary judgment in favor of Defendant. Based on the moving and supporting papers and eviden...
Oct 07, 2020
Stanislaus County, CA
Defendants Luis Azevedo and Maria Azevedo dba Luis Azevedo Dairy (Erroneously Sued Herein as Azevedo Dairy)’s Motion for Determination that Settlement is in Good Faith – DROPPED pursuant to the moving parties’ request. CV-20-002330 – ANHAR, MICHAEL N VS. TURLOCK POLICE DEPARTMENT – Petitioner’s Petition for Declaratory Relief and Writ of Mandate ...
Oct 07, 2020
Stanislaus County, CA
Plaintiff’s Motion to Compel the Deposition of Defendant’s Person Most Knowledgeable and Production of Documents – CONTINUED, pursuant to the request of the parties, to December 8, 2020 at 8:30 a.m. in Department 24. If the dispute cannot be resolved by continued good faith efforts, the parties shall file a Joint Status Statement no later than 5 ...
Oct 06, 2020
Stanislaus County, CA
Plaintiff/Cross-Complaints Boer & Sons Inc’s Motion to Compel Response to Request for Statement of Damages from Cross-Complainant, Robert W. Gomes, Robert W. Gomes as Trustee for the Robert W. Gomes Trust Pursuant to Code Civ. Proc. Section 425.11 – GRANTED, in part, and DENIED, in part. To the extent that the motion sought to compel Defendants t...
Oct 06, 2020
Stanislaus County, CA
a) Defendant Magdy Elsakr, M.D.’s Motion for Summary Judgment, or in the alternative Summary Adjudication; b) Defendant Abrar Mirza’s Motion for Summary Judgment – a) – WITHDRAWN per written notice filed by Defendant Elsakr on September 18, 2020. b) – GRANTED and unopposed. CV-20-001748 – CALIFORNIA SPORTFISHING PROTECTION ALLIANCE VS. SAN LU...
Sep 24, 2020
Stanislaus County, CA
Plaintiff’s Motion to Vacate Judgment – DENIED, without prejudice. The Court notes that no proof of service has been submitted and the motion was filed less than 16 court days before the hearing, in violation of the provisions of Code Civ. Proc. §1005(b). Moreover, the moving papers do not appear to demonstrate sufficient grounds for the relief s...
Sep 24, 2020
Stanislaus County, CA
a) Defendant/Cross-Complainant R&S Erection Tri-County Inc’s Motion for leave to Amend Cross-Complaint ; b) Defendants Nova Technology Internation LLC and Multi-Fab West LLC’s Motion for Leave to File a Cross-Complaint – a) GRANTED, and unopposed. The Court finds that Defendants have sufficiently demonstrated grounds to assert the proposed Cros...
Sep 23, 2020
Stanislaus County, CA
Plaintiff’s Attorney’s Motion to be Relieved as Counsel – GRANTED, and unopposed. The effective date of the order shall be delayed until counsel submits proof of service of the signed order on the client. (Cal. Rules of Ct., rule. 3.1362(e).)...
Sep 23, 2020
Stanislaus County, CA
Defendants Sepehr Khanian, Steven Hall, Parliament Financial Group, Summit Research Firm Inc. and Nationwide Consumer Solutions Corp.’s Motion to Dismiss for Failure to Bring Case to Trial within 5 Years – HEARING REQUIRED. Counsel shall appear to advise the Court regarding the status of the matter....
Sep 15, 2020
Stanislaus County, CA
Plaintiff’s Motion to Quash Defendant’s Deposition Subpoenas for Production of Business Records to Blackhawk TMS and David Pingitore, PHD – CONTINUED, on the Court’s own motion, to September 30, 2020 at 8:30 a.m. in Department 24. Based on the papers submitted, both sides have expressed a willingness to compromise, to some degree, with regard to ...
Sep 15, 2020
Stanislaus County, CA
Defendants Sutter Health and Sutter Valley Hospitals dba Memorial Medical Center’s Motion for Summary Judgment – GRANTED, and unopposed. The motion for summary judgment presents sufficient evidence to warrant summary judgment in favor of Sutter Health and Sutter Valley Hospital dba Memorial Medical Center. CV-19-006560 – BANK OF AMERICA NA VS. ...
Sep 15, 2020
Stanislaus County, CA
a) Defendant Duarte Nursery Inc’s Motion for Summary Judgment against Plaintiffs Bakersfield Land Co LLC and Laborde Land Co LLC, or, Alternatively, Motion for Summary Adjudication; b) Defendant Duarte Nursery Inc’s Motion for Summary Judgment, or in the Alternative, Motion for Summary Adjudication against Plaintiffs Parsons Farms; Vignolo Farms In...
Sep 03, 2020
Stanislaus County, CA
a) Defendant American Medical Response West and Darek Nicasio’s Motion for Summary Judgment – DROPPED, at the request of the moving parties; b) Plaintiff’s Motion for Sanctions Pursuant to Code of Civil Procedure Section 128.7 – DROPPED, at the request of the moving party. CV-20-002861 – MURDOCH, RICHARD VS. CITY OF OAKDALE – a) OSC re: Prelimina...
Sep 03, 2020
Stanislaus County, CA
2029574 – FOGEL, JACQUELINE vs. EVINS, CHARLES, JR. – Order to Show Cause Hearing to Reclassify Case as Unlimited Civil – GRANTED. The Court reclassifies this case as an unlimited civil case nunc pro tunc as of January 14, 2019. Plaintiff Jacqueline Fogel shall pay the reclassification fee of $140.00 to the Clerk of the Court within ten days. N...
Aug 26, 2020
Stanislaus County, CA
2027151 – SHARP, RAVEN vs. NATURAL REMEDIES CONSULTING INC – Plaintiff’s Motion to Compel Defendants Natural Remedies Consulting, Inc., Richard King and Cheryl King to Respond Without Objection to Requests for Admissions, Requests for Production of Documents, Special Interrogatories and Judicial Council Form Interrogatories – HEARING REQUIRED. Th...
Aug 26, 2020
Stanislaus County, CA
a) Plaintiff’s Motion to Have Admissions Deemed Admitted; b) Plaintiff’s Motion to Compel Responses to Form Interrogatories, Set Two – Both motions are DENIED, in part, as MOOT, but GRANTED, in part, as to monetary sanctions. The requests to deem matters admitted and to compel responses to interrogatories are MOOT, in view of Defendant’s eviden...
Aug 20, 2020
Stanislaus County, CA
Defendant’s Motion for Summary Judgment – Defendant’s Motion for Summary Judgment – DENIED. Defendant contends that the superior equities doctrine prohibits Plaintiff’s recovery here. It argues that the primary causes of the loss were 1) the failure of the business that installed the transformer to properly ground it; 2) Plaintiff’s failure to in...
Aug 20, 2020
Stanislaus County, CA
Claimant’s Attorney’s Motion to be Relieved as Counsel – GRANTED, and unopposed. Withdrawing counsel shall advise Claimant in writing of the scheduled October 26, 2020 case management conference and his obligation to be participate, either himself or through newly retained counsel....
Aug 20, 2020
Stanislaus County, CA
Plaintiff’s Motion to Vacate Judgment and Dismiss Action with Prejudice – GRANTED, and unopposed. Plaintiff has demonstrated entitlement to the requested relief. The judgment is vacated and the matter is dismissed with prejudice....
Aug 14, 2020
Stanislaus County, CA
Defendant/ Cross-Complainant’s Motion for Preference of Trial Setting – HEARING REQUIRED. The Court intends to GRANT the motion on the basis that the moving party has demonstrated entitlement to preferential trial setting under Code Civ. Proc. §36(a). Counsel shall appear (via Court Call if possible) to select a trial date within the time period ...
Aug 14, 2020
Stanislaus County, CA
Defendant’s Motion to Dismiss for Delay in Bringing Action to Trial – DENIED. Upon review of the moving and opposing papers in light of the factors enumerated in Cal. Rules of Ct., rule 3.1342, the Court, in its discretion, finds that dismissal is not warranted at this juncture. CV-18-001309 – CERNA, JULIO VS. L&K ENTERPRISES INC – Defendant Hi...
Aug 11, 2020
Stanislaus County, CA
Plaintiff’s Attorney’s Motion to be Relieved as Counsel –DENIED, without prejudice. Proof of service demonstrates insufficient notice. (Code Civ. Proc. §1005(b).) In addition, Counsel failed to lodge and serve the proposed order on the required Judicial Council form, MC-053. (Cal. Rules of Ct., rule. 3.1362(e).)...
Aug 11, 2020
Stanislaus County, CA
a) Plaintiff Doctors Medical Center of Modesto, Inc.’s Motion for Protective Order; b) Plaintiff Emanuel Medical Center’s Motion to Compel Initial and Verified Supplemental Responses from Defendant, Gardner Trucking, Inc. to Special Interrogatories, Requests for Admission; and Requests for Production of Documents, Set One; Request for Monetary Sanc...
Aug 07, 2020
Stanislaus County, CA
Defendants’ Motion to Compel Responses to Special Interrogatories, Set One, Form Interrogatories, Set One, and Requests for Production of Documents, Set One – GRANTED. It is undisputed that Plaintiff failed to serve timely responses to the subject discovery. Under the provisions of Code Civ. Proc. §§2030.290(a) and 2031.300(a), all objections hav...
Aug 07, 2020
Stanislaus County, CA
Plaintiffs’ Attorney Steven D. Waisbren’s Motion for: 1. Reconsideration of Court’s Order based upon New Facts and Circumstances (CCP Section 1008A and CCP Section 473(B)); 2. Alternative Application to Renew Motion based upon New Facts and Circumstances (CCP Section 1008(B) and CCP Section 473(b)); 3. Request for Expanded Statement of Decision/Cla...
Aug 07, 2020
Stanislaus County, CA
Defendants’ Motion for Terminating Sanctions – HEARING REQUIRED. CV-18-002016 – HARBRO OF NORTHERN CALIFORNIA INC VS. EVERSON, MELODIE – a) Plaintiff Har-Bro of Northern California, Inc.’s Motion to Compel Further Responses by Defendant Melodie Everson to Special Interrogatories, Set No. Two, and Request for Sanctions of $2,165 against Plaintiff ...
Aug 06, 2020
Stanislaus County, CA
Defendants Plastipak Packaging Inc. and Beard Land & Investment Co.’s Motion for Leave to File Cross-Complaint – GRANTED, and unopposed. The Court finds that Defendants have established entitlement to the requested relief. (Code Civ. Proc. §§426.50, 428.50(c).) The proposed Cross-Complaint shall be submitted for filing within 10 days. CV-20-001...
Aug 06, 2020
Stanislaus County, CA
a) Plaintiff Emanuel Medical Center's Motion to Compel Initial and Verified Supplemental Responses from Defendant, Gardner Trucking Inc. to Special Interrogatories, Requests for Admission, and Requests for Production of Documents, Set One; Request for Monetary Sanctions in the amount of $4,809.50; b) Plaintiff Lakewood Regional Medical Center, Inc....
Jul 31, 2020
Stanislaus County, CA
Defendant John Duarte’s Motion for Summary Judgment – WITHDRAWN in writing by Defendant on July 16, 2020. CV-18-003504 – LIUPAOGO, ENERETA VS. BRASIL, JOHN – Defendant John Brasil’s Motion to Order that Matters in Request for Admissions, Set One Be Deemed Admitted and for Monetary Sanctions – GRANTED, and unopposed. Pursuant to Code of Civil Pr...
Jul 31, 2020
Stanislaus County, CA
Non-Party Pamela Stephens’ Motion for Sanctions against Plaintiff and its Counsel – DENIED. Non-Party Pamela Stephens has not demonstrated that Plaintiff Investment Retrievers acted in a manner that was “objectively unreasonable” in seeking a ruling that Ms. Stephens and her sole proprietorship were an alter ego for her brother and his closely he...
Jul 30, 2020
Stanislaus County, CA
Defendant Patricia Lopez’s Motion for Summary Judgment – WITHDRAWN in writing by Defendant on July 16, 2020....
Jul 30, 2020
Stanislaus County, CA
Plaintiffs’ Motion for Terminating and Other Sanctions, and Including Attorneys’ Fees upon Misuse of Discovery Process by Defendants John J. Souza, Jr. and Turlock Air Park, Inc. – DENIED, as to terminating sanctions; GRANTED, as to monetary sanctions. The Court declines to award terminating sanctions, as the parties agree that Defendants have no...
Jul 30, 2020
Stanislaus County, CA
Plaintiff Doctors Medical Center of Modesto, Inc.’s Motion for Protective Order – CONTINUED, on the Court’s own motion, to August 7, 2020 at 8:30 a.m. in Department 23. The matter is continued for hearing concurrently with other discovery motions scheduled in the case. In the meantime, the parties are instructed to continue their efforts to meet ...
Jul 29, 2020
Stanislaus County, CA
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