The Honorable Michael T. Garcia

Sacramento County Superior Court, Department retired

Biography

The Hon. Michael T. Garcia (Ret.) was a judge for the Sacramento County Superior Court in California. He was originally appointed to the Municipal Court in 1987. He was subsequently elevated to the Superior Court on March 24, 1989, by former governor George Deukmejian. He retired from the bench in 2009.

Garcia received his bachelor's degree in political science and sociology from California State University, Fullerton. He went on to earn his J.D. from the University of California, Davis King Hall School of Law in 1974.

Prior to his appointment to the Municipal Court, Garcia had served as a legislative advocate and prosecutor for the California Department of Justice's Office of the Attorney General, where he was assigned to the Criminal Division. Before joining the A.G.'s office, Garcia had worked as a deputy district attorney for the Ventura County District Attorney's Office.

While on the bench, Garcia served as presiding judge of the appellate department. He also served as the acting presiding judge and grand jury advisor for the El Dorado County Superior Court in 1995.

After stepping down from the bench in 2009, Garcia was appointed by the Supreme Court to the Committee on Judicial Ethics Opinions where he served as chair of its judicial discipline advisory panel and on its discipline and disability committee. Garcia also served as a special master for the Commission on Judicial Performance.

His other professional committees have included serving on the Court Management System Oversight Committee, the Judicial Council of California, and the Trial Court Presiding Judge Executive Committee.

Although retired, Garcia still continues to participate in the Chief Justice’s Assigned Judge Program.

He has served as a faculty member at the Center for Judicial Education and Research Center and as dean of the B.E. Witkin Judicial College of California.

Garcia was the recipient of the 1988 Unity Award from the La Raza Lawyer, Wiley Manuel, and Asian Bar Associations of Sacramento. He was also named Judge of the Year in 2003 by the Sacramento County Bar Association.

Recent Rulings by Hon. Michael T. Garcia

  • MARIA OCHOA RODRIGUEZ VS. PENNY MILES

    Oct 26, 2017 |  Sacramento County

    Appearance required.

    Plaintiff Maria Ochoa moves to consolidate The Estate of Elezar "Ed" Ochoa, et al. v. Encompass Insurance Company, et al. (34-2013-00141484), Encompass Insurance Company v. The Estate of Eleazar "Ed" Ochoa, et al. (34-2015-00176000), and Rodriguez v. Miles (34-2013-00141866). N...

  • ERNEST LOPEZ-VARGAS VS. JOSE ACOSTA

    Oct 26, 2017 |  Sacramento County

    Good cause appearing and no opposition having been received, proposed intervener Access General Insurance Company's ("Access General") motion to intervene is GRANTED. Intervener's pleading in intervention shall be filed upon presentment to the clerk and payment of the requisite filing fee. Access General's...

  • STEPHANIE MCGUIRE-MEDER VS. ROMAN CATHOLIC BISHOP OF SACRAMENTO

    Oct 26, 2017 |  Sacramento County

    This case has been assigned to Department 47 for hearing.

    Parties requesting a court reporter should contact the courtroom clerk at the number stated above. Please be advised that there will be a $30.00 fee for court reporting services in civil proceedings lasting under one hour. (Govt. Code §68086...

  • ARMANDO ARTEAGA AYALA VS. R NOEL QUINNELL

    Oct 25, 2017 |  Sacramento County

    Good cause appearing and based on the stipulation of the parties, Defendant's motion to continue the trial is granted. The Court finds good cause for continuance based on the stipulation of the parties, the need for additional discovery, and the potential for resolution of this case before trial through me...

  • JACOB BERNARD RUSSELL SORENSON VS. FORD MOTOR COMPANY

    Oct 24, 2017 |  Sacramento County

    Defendant filed a notice of removal of entire case to federal court on September 26, 2017. Given the removal of the action to federal court, this Court no longer has jurisdiction over the case. Consequently, the Court cannot entertain the motion to transfer venue.

    This case has been assigned to Dep...

  • ERIK HALSTED VS. MERITAGE HOMES OF CALIFORNIA INC

    Oct 24, 2017 |  Sacramento County

    This action is related to Plaintiff's allegations of construction defect against Defendant. In the construct defect context, the proper court is "the superior court in the county where the real property that is the subject of the action" is located. (Code Civ. Proc. § 392(a).) Accordingly, venue is proper ...

  • DONNA FIERY AS TRUSTEE OF THE DAVID A JUE FAMILY TRUST VS. CALIFORNIA DEPT. OF FISH AND GAME

    Oct 24, 2017 |  Sacramento County

    Pursuant to the Court's June 21, 2017 order, appearances are required for a continuance of the Status Conference.

    The Court notes that on September 26, 2017, Defendant California Department of Fish and Game filed a notice of conditional settlement as to the entire case. On September 27, 2017, Plain...

  • JULIE LEWIS VS. RENEE ELIZABETH COAD

    Oct 19, 2017 |  Sacramento County

    Good cause appearing and based on the stipulation of the parties, Plaintiff's motion to continue the trial is granted. The Court finds good cause for continuance based on the stipulation of the parties, Plaintiff's ongoing medical care and need for further discovery related to Plaintiff's injuries and clai...

  • JOHNNY LEE VS. BE SAIGON PLAZA LLC

    Oct 19, 2017 |  Sacramento County

    Good cause appearing and based on Plaintiff's notice of non-opposition, Defendants' motion to continue the trial is granted. The Court finds good cause for continuance based on the need for the entity defendants to retain separate counsel due to the filing of a separate lawsuit between the managers of the ...

  • MICHELLE WARD VS. ROAD BEAR RV

    Oct 19, 2017 |  Sacramento County

    Good cause appearing and based on the stipulation of the parties, Defendants Fumiko Leamy and Shawn Leamy's motion to consolidate Ward v. Road Bear RV (34-2015-00184577) with Ward v. Leamy (34-2017-00212706) for all purposes including trial is GRANTED. Ward v. Road Bear RV (34-2015-00184577) shall be the l...

  • FRANK NORRIS VS. FORD MOTOR COMPANY

    Oct 19, 2017 |  Sacramento County

    Pursuant to the moving party's October 4, 2017 notice of withdrawal, this motion is dropped. This case has been assigned to Department 47 for hearing. In the event that either party requests a hearing the matter will be heard at 9:30 a.m. in Department 47. Any party requesting an oral argument must contact...

  • ROBERT GABASA VS. D&L AUTO TRANSPORT

    Oct 19, 2017 |  Sacramento County

    Good cause appearing and based on the agreement of the parties, Defendant's motion to continue the trial is granted. The Court finds good cause for continuance based on the unavailability of Defendant for trial as scheduled.

    The December 5, 2017 trial date is vacated. Trial is scheduled for April 3...

  • JULIA KIM VS. GREGORY JAMES CARSON

    Oct 19, 2017 |  Sacramento County

    Good cause appearing and based on the stipulation of the parties, Plaintiff's motion to continue the trial is granted. The Court finds good cause for continuance based on the stipulation of the parties and the unavailability of Defendant's expert for trial.

    The May 7, 2018 MSC and June 18, 2018 tri...

  • ROBERT F KOEHLER VS. THOMAS D CRUZ

    Oct 19, 2017 |  Sacramento County

    Good cause appearing and based on the stipulation of the parties, Plaintiff's motion to continue the trial is granted. The Court finds good cause for continuance based on the stipulation of the parties, the need for additional discovery, the likely substitution of counsel for Plaintiff, and the potential t...

  • WANDA J ZMUDA VS. BENJAMIN M EASTMAN

    Oct 17, 2017 |  Sacramento County

    Parties requesting a court reporter should contact the courtroom clerk at the number stated above. Please be advised that there will be a $30.00 fee for court reporting services in civil proceedings lasting under one hour. (Govt. Code §68086(a)(1)(A).)

    ...

  • MUHAMMAD JAVAID VS. BENJAMIN BELTRAN

    Oct 17, 2017 |  Sacramento County

    Good cause appearing and no opposition having been received, proposed intervener Insurance Company of the State of Pennsylvania's motion to intervene is GRANTED. Intervener's pleading in intervention shall be filed upon presentment to the clerk and payment of the requisite filing fee. Insurance Company of ...

  • SHAWN BUCHER VS. JASON CANTRELL

    Oct 17, 2017 |  Sacramento County

    Good cause appearing and based on the stipulation of the parties, Plaintiffs' motion to continue the trial is granted. The Court finds good cause for continuance based on the stipulation of the parties and the ongoing medical treatment of Plaintiff and the need for additional related discovery. The Novembe...

  • GORDON L CAPPS, TRUSTEE OF THE CAPPS FAMILY TRUST VS. MARK MULLINS

    Oct 17, 2017 |  Sacramento County

    Good cause appearing and based on the stipulation of the parties, Defendants' motion to continue the trial is granted. The Court finds good cause for continuance based on the stipulation of the parties and the desire of the parties to continue ongoing settlement discussions.

    The November 6, 2017 MS...

  • TYRONE SHACKLEFOOT VS. ONE CALL CARE MANAGEMENT

    Oct 17, 2017 |  Sacramento County

    Good cause appearing and no opposition having been received, proposed intervener Onyx Insurance Company's ("Onyx") motion to intervene is GRANTED. Intervener's pleading in intervention shall be filed upon presentment to the clerk and payment of the requisite filing fee.

    Onyx underwrote commercial g...

  • VIKKI VANG VS. THE LUCKY DERBY CASINO

    Oct 17, 2017 |  Sacramento County

    Plaintiff's motion for relief from waiver of jury trial is GRANTED. It is undisputed that plaintiff waived her right to jury trial by failing to timely post the initial jury fee in advance of the initial case management conference heard on September 4, 2014. (See Code Civ. Proc. § 631(c), (f)(5).) Trial is...

  • MARIO P ARAGON VS. FORD MOTOR CREDIT COMPANY

    Oct 13, 2017 |  Sacramento County

    At the October 13, 2017 hearing regarding the CCP § 998 offer purportedly accepted by Plaintiff, the Court requested clarification of the terms of the agreement and potential dispute regarding a term in the 998 offer.

    Following the hearing, Plaintiff filed a declaration and amended request for entr...

  • MARIO P ARAGON VS. FORD MOTOR CREDIT COMPANY

    Oct 12, 2017 |  Sacramento County

    Appearances required.

    The 998 offer includes a term that does not appear to have been accepted by Plaintiff. The correspondence from Plaintiff's counsel dated August 14, 2017, attached to the declaration of Plaintiff's counsel in support of Plaintiff's request for entry of judgment as Exhibit 2, st...

  • PEDRO RIVAS VS. JESS HERRERA

    Oct 06, 2017 |  Sacramento County

    Good cause appearing and no opposition having been received, Defendant's motion to continue the trial is granted. The Court finds good cause for continuance based on the need for additional discovery, the filing of a cross-complaint that is not yet at-issue, and because there is a pending criminal matter r...

  • ALBERT ESCOBEDO VS. GEORGE KOURMETIS

    Oct 06, 2017 |  Sacramento County

    Good cause appearing and no opposition having been received, Plaintiffs' motion for a trial preference pursuant to CCP 36(a) and/or CCP 36(e) is GRANTED. In accordance with CCP 36(f), this matter must be given a trial date on or before February 7, 2018. The party requesting the preferential trial date must...

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Recent Rulings by Hon. Michael T. Garcia

  • MARIA OCHOA RODRIGUEZ VS. PENNY MILES

    Oct 26, 2017 |  Sacramento County

    Appearance required.

    Plaintiff Maria Ochoa moves to consolidate The Estate of Elezar "Ed" Ochoa, et al. v. Encompass Insurance Company, et al. (34-2013-00141484), Encompass Insurance Company v. The Estate of Eleazar "Ed" Ochoa, et al. (34-2015-00176000), and Rodriguez v. Miles (34-2013-00141866). N...

  • ERNEST LOPEZ-VARGAS VS. JOSE ACOSTA

    Oct 26, 2017 |  Sacramento County

    Good cause appearing and no opposition having been received, proposed intervener Access General Insurance Company's ("Access General") motion to intervene is GRANTED. Intervener's pleading in intervention shall be filed upon presentment to the clerk and payment of the requisite filing fee. Access General's...

  • STEPHANIE MCGUIRE-MEDER VS. ROMAN CATHOLIC BISHOP OF SACRAMENTO

    Oct 26, 2017 |  Sacramento County

    This case has been assigned to Department 47 for hearing.

    Parties requesting a court reporter should contact the courtroom clerk at the number stated above. Please be advised that there will be a $30.00 fee for court reporting services in civil proceedings lasting under one hour. (Govt. Code §68086...

  • ARMANDO ARTEAGA AYALA VS. R NOEL QUINNELL

    Oct 25, 2017 |  Sacramento County

    Good cause appearing and based on the stipulation of the parties, Defendant's motion to continue the trial is granted. The Court finds good cause for continuance based on the stipulation of the parties, the need for additional discovery, and the potential for resolution of this case before trial through me...

  • JACOB BERNARD RUSSELL SORENSON VS. FORD MOTOR COMPANY

    Oct 24, 2017 |  Sacramento County

    Defendant filed a notice of removal of entire case to federal court on September 26, 2017. Given the removal of the action to federal court, this Court no longer has jurisdiction over the case. Consequently, the Court cannot entertain the motion to transfer venue.

    This case has been assigned to Dep...

  • ERIK HALSTED VS. MERITAGE HOMES OF CALIFORNIA INC

    Oct 24, 2017 |  Sacramento County

    This action is related to Plaintiff's allegations of construction defect against Defendant. In the construct defect context, the proper court is "the superior court in the county where the real property that is the subject of the action" is located. (Code Civ. Proc. § 392(a).) Accordingly, venue is proper ...

  • DONNA FIERY AS TRUSTEE OF THE DAVID A JUE FAMILY TRUST VS. CALIFORNIA DEPT. OF FISH AND GAME

    Oct 24, 2017 |  Sacramento County

    Pursuant to the Court's June 21, 2017 order, appearances are required for a continuance of the Status Conference.

    The Court notes that on September 26, 2017, Defendant California Department of Fish and Game filed a notice of conditional settlement as to the entire case. On September 27, 2017, Plain...

  • JULIE LEWIS VS. RENEE ELIZABETH COAD

    Oct 19, 2017 |  Sacramento County

    Good cause appearing and based on the stipulation of the parties, Plaintiff's motion to continue the trial is granted. The Court finds good cause for continuance based on the stipulation of the parties, Plaintiff's ongoing medical care and need for further discovery related to Plaintiff's injuries and clai...

  • JOHNNY LEE VS. BE SAIGON PLAZA LLC

    Oct 19, 2017 |  Sacramento County

    Good cause appearing and based on Plaintiff's notice of non-opposition, Defendants' motion to continue the trial is granted. The Court finds good cause for continuance based on the need for the entity defendants to retain separate counsel due to the filing of a separate lawsuit between the managers of the ...

  • MICHELLE WARD VS. ROAD BEAR RV

    Oct 19, 2017 |  Sacramento County

    Good cause appearing and based on the stipulation of the parties, Defendants Fumiko Leamy and Shawn Leamy's motion to consolidate Ward v. Road Bear RV (34-2015-00184577) with Ward v. Leamy (34-2017-00212706) for all purposes including trial is GRANTED. Ward v. Road Bear RV (34-2015-00184577) shall be the l...

  • FRANK NORRIS VS. FORD MOTOR COMPANY

    Oct 19, 2017 |  Sacramento County

    Pursuant to the moving party's October 4, 2017 notice of withdrawal, this motion is dropped. This case has been assigned to Department 47 for hearing. In the event that either party requests a hearing the matter will be heard at 9:30 a.m. in Department 47. Any party requesting an oral argument must contact...

  • ROBERT GABASA VS. D&L AUTO TRANSPORT

    Oct 19, 2017 |  Sacramento County

    Good cause appearing and based on the agreement of the parties, Defendant's motion to continue the trial is granted. The Court finds good cause for continuance based on the unavailability of Defendant for trial as scheduled.

    The December 5, 2017 trial date is vacated. Trial is scheduled for April 3...

  • JULIA KIM VS. GREGORY JAMES CARSON

    Oct 19, 2017 |  Sacramento County

    Good cause appearing and based on the stipulation of the parties, Plaintiff's motion to continue the trial is granted. The Court finds good cause for continuance based on the stipulation of the parties and the unavailability of Defendant's expert for trial.

    The May 7, 2018 MSC and June 18, 2018 tri...

  • ROBERT F KOEHLER VS. THOMAS D CRUZ

    Oct 19, 2017 |  Sacramento County

    Good cause appearing and based on the stipulation of the parties, Plaintiff's motion to continue the trial is granted. The Court finds good cause for continuance based on the stipulation of the parties, the need for additional discovery, the likely substitution of counsel for Plaintiff, and the potential t...

  • WANDA J ZMUDA VS. BENJAMIN M EASTMAN

    Oct 17, 2017 |  Sacramento County

    Parties requesting a court reporter should contact the courtroom clerk at the number stated above. Please be advised that there will be a $30.00 fee for court reporting services in civil proceedings lasting under one hour. (Govt. Code §68086(a)(1)(A).)

    ...

  • MUHAMMAD JAVAID VS. BENJAMIN BELTRAN

    Oct 17, 2017 |  Sacramento County

    Good cause appearing and no opposition having been received, proposed intervener Insurance Company of the State of Pennsylvania's motion to intervene is GRANTED. Intervener's pleading in intervention shall be filed upon presentment to the clerk and payment of the requisite filing fee. Insurance Company of ...

  • SHAWN BUCHER VS. JASON CANTRELL

    Oct 17, 2017 |  Sacramento County

    Good cause appearing and based on the stipulation of the parties, Plaintiffs' motion to continue the trial is granted. The Court finds good cause for continuance based on the stipulation of the parties and the ongoing medical treatment of Plaintiff and the need for additional related discovery. The Novembe...

  • GORDON L CAPPS, TRUSTEE OF THE CAPPS FAMILY TRUST VS. MARK MULLINS

    Oct 17, 2017 |  Sacramento County

    Good cause appearing and based on the stipulation of the parties, Defendants' motion to continue the trial is granted. The Court finds good cause for continuance based on the stipulation of the parties and the desire of the parties to continue ongoing settlement discussions.

    The November 6, 2017 MS...

  • TYRONE SHACKLEFOOT VS. ONE CALL CARE MANAGEMENT

    Oct 17, 2017 |  Sacramento County

    Good cause appearing and no opposition having been received, proposed intervener Onyx Insurance Company's ("Onyx") motion to intervene is GRANTED. Intervener's pleading in intervention shall be filed upon presentment to the clerk and payment of the requisite filing fee.

    Onyx underwrote commercial g...

  • VIKKI VANG VS. THE LUCKY DERBY CASINO

    Oct 17, 2017 |  Sacramento County

    Plaintiff's motion for relief from waiver of jury trial is GRANTED. It is undisputed that plaintiff waived her right to jury trial by failing to timely post the initial jury fee in advance of the initial case management conference heard on September 4, 2014. (See Code Civ. Proc. § 631(c), (f)(5).) Trial is...

  • MARIO P ARAGON VS. FORD MOTOR CREDIT COMPANY

    Oct 13, 2017 |  Sacramento County

    At the October 13, 2017 hearing regarding the CCP § 998 offer purportedly accepted by Plaintiff, the Court requested clarification of the terms of the agreement and potential dispute regarding a term in the 998 offer.

    Following the hearing, Plaintiff filed a declaration and amended request for entr...

  • MARIO P ARAGON VS. FORD MOTOR CREDIT COMPANY

    Oct 12, 2017 |  Sacramento County

    Appearances required.

    The 998 offer includes a term that does not appear to have been accepted by Plaintiff. The correspondence from Plaintiff's counsel dated August 14, 2017, attached to the declaration of Plaintiff's counsel in support of Plaintiff's request for entry of judgment as Exhibit 2, st...

  • PEDRO RIVAS VS. JESS HERRERA

    Oct 06, 2017 |  Sacramento County

    Good cause appearing and no opposition having been received, Defendant's motion to continue the trial is granted. The Court finds good cause for continuance based on the need for additional discovery, the filing of a cross-complaint that is not yet at-issue, and because there is a pending criminal matter r...

  • ALBERT ESCOBEDO VS. GEORGE KOURMETIS

    Oct 06, 2017 |  Sacramento County

    Good cause appearing and no opposition having been received, Plaintiffs' motion for a trial preference pursuant to CCP 36(a) and/or CCP 36(e) is GRANTED. In accordance with CCP 36(f), this matter must be given a trial date on or before February 7, 2018. The party requesting the preferential trial date must...

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