2020043 – MOLAND, ROSIO v CITY OF CERES – Plaintiff’s Motion 1) To Compel The Deposition of City of Ceres Person Most Knowledgeable and Production of Documents With Sanctions; and 2) To Re-Open Discovery – GRANTED in part, DENIED in part, sanctions DENIED As discovery is closed at present (Code Civ. Proc., § 2024.020, subd. (a)), the court grants...

2022129 – DOAN, KEVIN v SINGH, NIRMAL – Plaintiff’s Motion for Leave to File First Amended Complaint - HEARING REQUIRED. The Court notes the motions pending before it in these four cases are all related to a series of putative joint ventures regarding the development of ARCO AM/PM gas service stations. After reviewing the pending motions and the ...

2021127 – DHALIWAL, HARPREET v SINGH, NIRMAL – Plaintiff’s Motion for Leave to File First Amended Complaint – HEARING REQUIRED. The Court notes the motions pending before it in these four cases are all related to a series of putative joint ventures regarding the development of ARCO AM/PM gas service stations. After reviewing the pending motions a...

Plaintiff’s Motion to Amend Judgment to Include the Name Change of Judgment Debtor – GRANTED. CV-19-006038 – SHABO, POLINE VS GUTOWSKI TOMASZ DANIEL, MD – Defendants’ Tomasz Daniel Gutowski, MD. And Christopher Neville, MD.’s Motion for Summary Judgment – MOOT due to plaintiff’s voluntary dismissal of the moving defendants with prejudice on Augus...

Plaintiff's Motion for Protective Order to Quash Certified Stainless Service, Inc., dba West-Mark's Second Demand for Exchange of Expert Witness Information Pursuant to CCP Section 2034.250 and Monetary Sanctions in the Amount of $2,750, Pursuant to Code of Civil Procedure Section 2034.250(D) – DENIED. The court questions plaintiff’s meet and con...

Defendant’s Motion for Leave to File Cross-Complaint – GRANTED, and unopposed....

Compliance Hearing – HEARING REQUIRED. As nothing has been filed since the parties’ last appearance, class counsel shall be prepared to appear and apprise the court of the parties’ efforts to implement the settlement. Counsel is also to file a declaration to this effect within five days of the hearing. CV-19-003585 – CORNEJO, BENJAMIN VS ADAMS,...

Compliance Hearing – DROPPED. Compliance has been demonstrated. CV-18-001985 – PRESTON, ROGER D VS GURR, BRADY I – Defendant’s Motion to Dismiss for Failure to Comply with Court Order and Failure to Provide Discovery – DROPPED, as MOOT in view of Plaintiff’s dismissal of the entire action on 8-13-21. CV-21-001617 – BORREGO, NIKO VS AMERICAN MED...

Defendant Modesto City Schools’ Motion for Judgment on the Pleadings - GRANTED, and unopposed. Defendant’s Request for Judicial Notice is unopposed and granted based on the authority provided. As such, the Court finds on the basis of Defendant’s unopposed declarations, judicially noticed facts, and brief, that Plaintiff passed away in 2019, that ...

2017458 – CARLSON, STACEY vs. GANT, VERNON – 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 Stacey Carlson, in Place of Deceased Plaintiff Stacey Carlson – Both matters are CONTINUED, on the Court’s own motion, to August 31, 2021...

670042 – CITY OF PATTERSON vs. PATTERSON HOTEL ASSOCIATES – Hearing on Fifth Appellate District’s Directive Regarding Attorneys’ Fees and Costs – CONTINUED, on the court’s own motion, to October 14, 2021, at 8:30 a.m. in Department 24 Plaintiff has not shown that the trial court used the rule in Carver v. Chevron U.S.A., Inc. (2004) 119 Cal.App.4...

2009158 – CAPITAL EQUITY MANAGEMENT GROUP INC vs. SWANGER, STEVEN A – a) Plaintiff’s Motion for Contempt for Failure to Comply with the Court’s May 21, 2021 Discovery Order, to Compel Defendant and Cross-Complainant Steven A. Swanger to Comply with Such Order, and for Monetary and Other Sanctions – HEARING VACATED, without prejudice; b) Plaintiff’s...

Motion to be Relieved as Counsel – DENIED without prejudice at this time. Counsel does not appear to have provided notice of the motion to the surety as required by Probate Code section 1213(a)(4)....

376483 – EVANS, THOMAS A vs CAMBRA, MICHAEL – Plaintiff Thomas A. Evans’ Motion to Add Cambra Trucking, LLC as a Judgment Debtor, Motion for a Charging Order and/or, Motion to Appoint Receiver – GRANTED in part, DENIED in part, request for judicial notice GRANTED. While the court agrees that some assistance is appropriate to help plaintiff collec...

2024932 – GARIBAY, ARNULFO vs QUETZAL CORPORATION – a) Defendant Sofia-Esther Torres Marquez’ Motion for Summary Judgment or, in the Alternative, Summary Adjudication as to Each Cause of Action and/or Related Issues Asserted by Plaintiff, Arnulfo Garibay, in His First Amended Complaint – CONTINUED, on the court’s own motion, to October 29, 2021, at...

2027597 – BURGER PHYSICAL THERAPY SERVICES vs SIMS, JOHN C – Plaintiff’s Motion to Strike or, in the Alternative, Tax Costs Contained in the Memorandum of Costs –GRANTED, in part, and unopposed. The Court grants Plaintiff’s Request for Judicial Notice The Court grants the motion to tax express delivery charges for overnight delivery in the amou...

2009158 – CAPITAL EQUITY MANAGEMENT GROUP INC vs. SWANGER, STEVEN A – Plaintiff’s Motion for Order Compelling Defendants Steven Swanger, Kenneth Swanger and Swan Investments, INC. to Provide Further Responses to Interrogatories and Request for Production of Documents – HEARING VACATED, without prejudice. The motion will be submitted to the Discov...

684071 – DOAN, KEVIN vs. SINGH, NIRMAL – a) Cross-Defendants’ Motion for Judgment on the Pleading – ; b) Cross-Complainants’ Motion to Consolidate with 2021126, 2021127, and 2022129 – ; c) Cross-Defendants’ Motion to File Second-Amended Cross Complaint – All matters are CONTINUED on the Court’s own motion, to September 1, 2021, at 8:30 a.m. in De...

2021127 – DHALIWAL, HARPREET vs. SINGH, NIRMAL – Plaintiff’s Motion for Leave to File First Amended Complaint – CONTINUED on the Court’s own motion, to September 1, 2021, at 8:30 a.m. in Department 24....

2022129 – DOAN, KEVIN vs. SINGH, NIRMAL – Plaintiffs’ Motion for Leave to File First Amended Complaint – CONTINUED on the Court’s own motion, to September 1, 2021, at 8:30 a.m. in Department 24....

Plaintiff’s Motion to Continue Motions for Summary Judgment – DENIED. The court finds the affidavit of counsel supporting the motion is insufficient to justify granting the relief sought, either under Code of Civil Procedure, section 437c, subdivision (h), or as an exercise of the court’s discretion. (See, e.g. Bahl v. Bank of America (2001) 89 C...

Review Hearing on Court’s Motion re Scope of Arbitration - INDICATED RULING. The Court has read and considered the supplemental briefs filed by both parties and appreciates the thoughtfulness and professionalism demonstrated on both sides. The Court finds that existing authority does not support bifurcation of the claims subject to arbitration ...

Plaintiffs’ Motion for Relief from Mandatory E-filing and for Order Entering Renewal of Judgment – HEARING REQUIRED. The Court gives notice to the parties that, on its own motion, the Court intends to take judicial notice of its own docket and the clerk’s notes regarding the subject renewal as papers and records of a court, but only as to facial ...

a) Defendant Ameet Birring's Motion to Compel Responses to Request for Production of Documents, Set Two Propounded on Plaintff Raven Sharp and Request for Monetary Sanctions; b) Defendant Jakrun Sodhi's Motion to Compel Responses to Special Interrogatories, Set One Propounded on Plaintiff Raven Sharp and Request for Monetary Sanctions; c) Defendant...

2009158 – CAPITAL EQUITY MANAGEMENT GROUP INC vs SWANGER, STEVEN A – Plaintiff’s Motion for Contempt for Failure to Adhere to the Court’s Discovery Order and/or Compel Non-Party the Foster Advantage’s Response to Subpoena and Request for Monetary Sanctions – CONTINUED, on the Court’s motion. The hearing is continued to July 9, 2021, at 8:30 AM, i...

Motion for New Trial – DENIED. Code of Civil Procedure Section 659(a)(2) provides that a notice of motion for new trial must be filed within fifteen (15) days of the date of mailing notice of entry of judgment by “any party”. Notably, this deadline is not subject to extension as set forth in Code of Civil Procedure 1013. The Court’s file, as well...

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 Stacey Carlson, in Place of Deceased Plaintiff Stacey Carlson – Both matters are CONTINUED, on the Court’s own motion, to August 10, 2021 at 8:30 a.m. in Department 23. The Court fin...

Plaintiff Thomas A. Evans' Motion to add Cambra Trucking, LLC as a Judgment Debtor, Motion for a Charging Order and/or, Motion to Appoint Receiver – CONTINUED, on the Court’s own motion, to July 28, 2021 at 8:30 a.m. in Department 24. CV-20-004260 – GOBIND ENTERPRISES INC VS CERTAIN UNDERWRITERS AT LLOYDS LONDON – a) Defendant Certain Underwriter...

670042 – CITY OF PATTERSON vs PATERSON HOTEL ASSOCIATES – Hearing on Fifth Appellate District’s Directive Regarding Attorneys’ Fees and Costs – CONTINUED, on the Court’s own motion, to August 10, 2021, 2021 at 8:30 a.m. in Department 24. The Court requires more time to review this matter....

SONS INC vs GOMES, ROBERT W – Plaintiff/Cross-Defendants’ Motion for Attorney Fees and Costs Pursuant to Civil Code Section 1717 – GRANTED, in part, DENIED, in part. In view of Plaintiff’s dismissal of the Complaint, the Court finds that Cross-Defendants are the prevailing parties on the contract, and the issues of fee and cost recovery based on ...

2021127 – DHALIWAL, HARPREET vs. SINGH, NIRMAL – Plaintiff’s Motion for Leave to File First Amended Complaint – CONTINUED, on the Court’s own motion, to July 20, 2021 at 8:30 a.m. in Department 24....

2022129 – DOAN, KEVIN vs. SINGH, NIRMAL – Plaintiffs’ Motion for Leave to File First Amended Complaint – CONTINUED, on the Court’s own motion, to July 20, 2021 at 8:30 a.m. in Department 24....

2021126 – DOAN, KEVIN vs. SINGH, NIRMAL – Plaintiffs’ Motion for Leave to File First Amended Complaint – CONTINUED, on the Court’s own motion, to July 20, 2021 at 8:30 a.m. in Department 24....

2021796 – DOCTORS MEDICAL CENTER OF MODESTO INC vs. GARDNER TRUCKING INC – a) 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 and the claim for punitive damages; Summary Adjudication DENIED as...

9000308 – EASLEY, ERIN vs. INSTITUTE OF TECHNOLOGY – a) Defendant’s Motion to Compel Arbitration to Plaintiff Erin Easley and Stay Proceedings – GRANTED; b) Defendant’s Motion to Compel Arbitration to Plaintiff Lesia Cecilide and Stay Proceedings – GRANTED; c) Plaintiff’s Motion for Summary Adjudication on Plaintiff’s Second, Fourth, Fifth, Eighth,...

2022881 – SUNCREST VILLAS MODESTO vs. PACIFICA MODESTO LLC – Defendants Pacifica Modesto LLC; Pac Modesto INC.; Pacifica Companies LLC; ASD Enterprises, INC; Pacifica Companies; Deepak Israni; Rajib Sengupta; Neil Chaudhuri; Tracy Dalton; and Shauna Carson’s Motion to Stay – DENIED. Moving defendants have failed to demonstrate that the circumstan...

9000308 – EASLEY, ERIN vs. INSTITUTE OF TECHNOLOGY – Plaintiff’s Motion for Summary Adjudication on Plaintiff’s Second, Fourth, Fifth, Eighth, Tenth, and Eleventh Causes of Action – CONTINUED, on the Court’s own motion, to June 10 2021 at 8:30 am in department 22, to be heard with the parties’ Motion to Compel Arbitration and Motion for Summary Adj...

2009158 – CAPITAL EQUITY MANAGEMENT GROUP INC vs. SWANGER, STEVEN A – Defendants Norcal Redevelopment Corp., Richard Castleberry, and George Castleberry’s Amended Motion for Judgment on the Pleadings – DENIED. A motion for judgment on the pleadings functions as a demurrer. (Cal. Civ. Pro. §438; Marzec v. Public Employees’ Retirement System (2015)...

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...

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....

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...

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....

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...

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...

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 ...

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...

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, ...

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...

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...

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 ...

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...

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...

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...

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...

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....

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...

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...

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...

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...

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...

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)....

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...

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...

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...

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 ...

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...

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 ...

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...

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)...

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...

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...

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....

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...

Compliance Hearing re Disposition of Settlement – HEARING REQUIRED....

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...

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...

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....

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...

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...

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...

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 ...

2028632 – MENDEZ, HECTOR vs. PRIME SHINE INC – Compliance Hearing re Disposition of Settlement – HEARING REQUIRED....

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...

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...

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...

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...

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....

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...

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 ...

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 ...

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....

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...

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...

Paula Charron’s Motion to Tax Costs Originally Filed 08/01/19 – HEARING REQUIRED. Counsel to apprise of status of stipulation....

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...

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....

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. ...

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....