The Honorable Rosemary T. McGuire

Fresno County Superior Court, Department 403

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Biography

The Hon. Rosemary T. McGuire is a judge on the Superior Court of Fresno County, California. She was appointed to the bench in December 2010 by former California Governor Arnold Schwarzenegger to fill a newly created seat. She was automatically re-elected after running unopposed in 2012.

Judge McGuire received her J.D. from San Joaquin College of Law in Clovis, California in 1994.

After law school, McGuire first became an associate at Eldridge, Anderson, and Weakley and then later a partner at Weakley, Ratliff, Arendt & McGuire. While in practice she focused on torts and civil litigation.

McGuire has had career experience handling civil rights litigation, police liability, child protective services liability as well as cases involving the Americans with Disability Act (ADA), and Proposition 65. She is admitted to practice in several courts in both the state and federal system including the United States Court of Appeals for the Ninth Circuit, the United States District Courts of the Eastern, Central and Northern Districts of California, and the United States Supreme Court.

McGuire has been a member of numerous legal organizations including the planning committee for the Eastern District of California District Conference, the Northern California Defense Counsel Association, the Association of Business Trial Lawyers, the Fresno County Bar Association, the Fresno County Women Lawyers and an attorney representative for the Eastern District of California for the Ninth Circuit.

She has held positions on the Board of Directors for two organizations namely the San Joaquin Chapter of the Federal Bar Association, the San Joaquin Valley Chapter of the American Board of Trial Advocates. She has been on the board of trustees for the Fresno County Law Library Board of Trustees and the Board of the Association of Business Trial Lawyers.

During her time on the bench, she has also presented at National Business Institute seminars on the subjects of family law and civil law.

Outside of court Judge McGuire enjoys spending time with her family. For hobbies she enjoys golf, traveling, and reading.

Recent Rulings by Hon. Rosemary T. McGuire

  • ZENITH INSURANCE COMPANY V. DURAN

    Jun 29, 2020 |  Fresno County

    Motion: Plaintiff’s Motion to Strike Defendant’s Memorandum of Costs
    Tentative Ruling:
    To deny.
    Explanation:
    The right to recover costs is purely statutory, and, in the absence of an authorizing statute, no costs can be recovered by either party. (Davis v. KGO-T.V., Inc. (1998) 17 Cal.4...

  • SMARTMED, INC. V. FIRSTCHOICE MEDICAL GROUP, INC.

    Jun 25, 2020 |  Fresno County

    Motion: Plaintiff’s Motion for Right to Attach Order
    Tentative Ruling:
    To deny plaintiff’s motion for right to attach order.
    Explanation:
    First of all, plaintiff’s motion fails to comply with Code of Civil Procedure section 1010 and Rules of Court 3.1110 to 3.1112, which require the mov...

  • MELKONIAN ENTERPRISES, INC. V. SUN-MAID GROWERS OF CALIFORNIA

    Jun 25, 2020 |  Fresno County

    Motion: Defendant Sun-Maid Growers’ demurrer and accompanying
    request for judicial notice
    Tentative Ruling:
    To grant defendant’s request for judicial notice. To sustain the demurrer in its entirety, except as to attorney’s fees. Plaintiffs are granted ten days’ leave to amend. All changes mu...

  • VAILLANCOURT V. FRESNO COMMUNITY HOSPITAL AND MEDICALCENTER, ET AL.

    Jun 24, 2020 |  Fresno County

    Motion: By Defendant Litiema for Summary Judgment
    Tentative Ruling:
    To grant. The prevailing party is directed to submit to this court, within 5 days of the minute order, a proposed judgment consistent with the court’s summary judgment order.
    Explanation:
    Where a summary judgment motion...

  • PEDRO GONSALEZ V. GENERAL MOTORS LLC

    Jun 22, 2020 |  Fresno County

    Motion: Plaintiff’s motion to compel deposition of defendant GM’s person most knowledgeable (“PMK”) and for sanctions related thereto
    Tentative Ruling:
    To grant. Defendant GM’s person most knowledgeable is ordered to appear at the next noticed deposition and to produce all requested documents.

  • KRATOS PROPERTIES, LLC V. MIRAMONTES

    Jun 22, 2020 |  Fresno County

    Motion: 1) Demurrer of Defendants Juan Miramontes, Sergio Chavez and
    Larissa Reyes to the First Amended Complaint
    2) Demurrer of Cross-Defendants Bertha A. Martinez, Sergio Chavez
    and Larissa Reyes to Cross-Complaint
    Tentative Ruling:
    To sustain the general demurrer of defendants M...

  • MITTIE V. RIDDER

    May 29, 2020 |  Fresno County

    Motion: Defendants’ Motion to Compel Compliance with Deposition
    Subpoena
    Tentative Ruling:
    To grant defendants’ motion to compel compliance with the deposition
    subpoena served on Fresno County Probation Department. (Code Civ. Proc. § 1987.1, subd. (a).) The County Probation Department s...

  • CHANG V. GAHAN

    May 19, 2020 |  Fresno County

    Motion: Defendant Susan Lanier’s Motion for Good Faith Settlement
    Tentative Ruling:
    To grant.
    Explanation:
    Under Code of Civil Procedure section 877.6, a settlement entered by one or more of several joint tortfeasors may be determined by the court to be in “good faith.” The court determ...

  • SINGH V. FRESNO FREIGHTLINER DEALERSHIP, DBA FRESNO TRUCKCENTER

    Mar 20, 2020 |  Fresno County

    Motion: Defendant’s Demurrer to Complaint and Motion to Strike
    Portions of Complaint
    Tentative Ruling:
    To overrule the demurrer as to the first and second causes of action. (Code Civ. Proc. § 430.10, subd.’s (e), (f).) To sustain the demurrer as to the third, fourth, fifth, and sixth causes ...

  • ROCHA, ET AL. V. U-HAUL CO. OF CALIFORNIA, ET AL.

    Mar 20, 2020 |  Fresno County

    Motion: Sanctions
    Tentative Ruling:
    To grant Defendants U-Haul and Sandusky’s motion for sanctions, but in the reduced amount of $6,885. (Code Civ. Proc. §128.7(c).) Plaintiffs are ordered to pay sanctions in the amount of $6,885 to Baute Crochetiere Hartley & Velkei, LLP, within 30 days of servi...

  • SLATIC V. ASHLEY

    Mar 18, 2020 |  Fresno County

    Motion: Defendant’s Motion to Quash Service of Summons
    Tentative Ruling:
    To deny.
    Explanation:
    Code of Civil Procedure section 418.10 authorizes a defendant to file a motion to quash service of summons on ground of lack of jurisdiction over him or her, within the time allowed for filing...

  • SPEED V. POLARIS INDUSTRIES, INC.

    Mar 17, 2020 |  Fresno County

    Motions: Plaintiff’s motion to withdraw admission no. 4
    Tentative Ruling:
    To grant.
    Plaintiff shall appear for a deposition concerning whether he was wearing a seatbelt at the time of the accident. Plaintiff’s deposition shall take place within 45 days from the date of this order.
    The d...

  • LUGO V. HORIZON HEALTH & SUBACUTE, LLC

    Mar 17, 2020 |  Fresno County

    Motion: 1) Demurrer of Horizon Health & Subacute, LLC dba Horizon Health and Subacute Center’s Demurrer to the First Amended
    Complaint
    2) Defendant Horizon Health and Subacute Center’s Motion to
    Strike Portions of the First Amended Complaint
    Tentative Ruling:
    To order the demurrer ...

  • SNOWDEN V. OCWEN LOAN SERVICING

    Mar 17, 2020 |  Fresno County

    Motions: PHH MORTGAGE CORPORATION, successor to Ocwen Loan
    Servicing’s Demurrer to the First Amended Complaint; Motion to
    strike portions from the First Amended Complaint
    Tentative Ruling:
    To grant the Request for Judicial Notice. To sustain the demurrer, to grant the motion to strike. ...

  • DEWAYNE ZINKIN V. CARLOS ALEJANDRO MESSA

    Mar 12, 2020 |  Fresno County

    Motions: Plaintiff’s Motion to Enforce Settlement
    Tentative Ruling:
    To grant, and to award attorney’s fees and costs in the amount of $2,425. Plaintiff is directed to submit to this court, within 5 days of service of the minute order, a proposed judgment consistent with the court's order.
    Ex...

  • RAMIREZ ET AL. V. BERBER ET AL.

    Mar 11, 2020 |  Fresno County

    Motion: Petitions to Compromise Minors’ Claims
    Tentative Ruling:
    To grant. Orders signed. Hearing off calendar.
    Pursuant to California Rules of Court, Rule 3.1312, subd. (a) and Code of Civil Procedure section 1019.5, subd. (a), no further written order is necessary. The minute order adoptin...

  • IN RE GILBERT ZEPEDA

    Mar 11, 2020 |  Fresno County

    Motion: Sylvia Zepeda-Lara’s petition to disinter the remains of Gilbert Zepeda
    Tentative Ruling:
    To deny Sylvia Zepeda-Lara’s petition to disinter the remains of Gilbert Zepeda. Explanation:
    The courts have announced certain general principles through case precedent that govern the right to...

  • PADRON V. CITY OF PARLIER

    Mar 10, 2020 |  Fresno County

    Motions: Defendants’ demurrer to the complaint
    Tentative Ruling:
    To take the motion off calendar. (CCP § 430.41(a)(2).) The parties are ordered to meet and confer as set forth in the applicable statute, and, if needed, schedule a new hearing date for the demurrer.
    Explanation:
    Before fi...

  • WOODS V. FRESNO VALVES & CASTINGS, INC.

    Mar 10, 2020 |  Fresno County

    Motion: by parties for class certification and preliminary approval of class settlement
    Tentative Ruling:
    To deny.
    Explanation:
    The Court incorporates its rulings of March 13, 2019, August 8, 2019, and December 4, 2019 herein for historical context. The parties were ordered to file docu...

  • THE CITY OF FRESNO V. MOHAMMADI

    Mar 10, 2020 |  Fresno County

    Motion: Defendants’ Motion to Stay Proceedings
    Tentative Ruling:
    To grant. This action is stayed pending the outcome of the appeal of the judgment issued in Case Number 16CECG01808, Mohammadi v. City of Fresno, Appeal No. F080055.
    Explanation:
    There are misapprehensions on both sides. F...

  • THAO V. SANDOVAL

    Mar 10, 2020 |  Fresno County

    and
    Zenith v. Calderon
    Court Case No. 19CECG02729
    Motion: Motion by Defendants Pedro Sandoval and Ruben Calderon to
    Consolidate
    Tentative Ruling:
    To grant, consolidating for all purposes Case No. 19CECG02694 with Case No. 19CECG02729, with Case No. 19CECG02694 being designated...

  • THORNTON LAW GROUP V. PATTERSON

    Mar 10, 2020 |  Fresno County

    Motion: By Plaintiff for Default Judgment.
    Tentative Ruling:
    To grant.
    Explanation:
    On July 16, 2019, this Court denied a previous request for default judgment on several grounds. Plaintiff resubmitted its paperwork and addressed all of the Court’s concerns, including adequately complet...

  • DAMBROSIO TRADING, INC. V. NEIGHBORHOOD INDUSTRIES, INC.

    Feb 25, 2020 |  Fresno County

    Motion: Plaintiffs/Cross-Defendants’ Demurer and Motion to Strike
    Portions of First Amended Cross-Complaint
    Tentative Ruling:
    To overrule the demurrer to the first amended cross-complaint in part and sustain in part, as discussed in detail below, for failure to state facts sufficient to cons...

  • IN RE MACLOVIA CADENAS

    Feb 25, 2020 |  Fresno County

    Motion: Petition to Compromise Minor’s Claim
    Tentative Ruling:
    To grant. Orders signed. Hearing off calendar.
    Pursuant to California Rules of Court, Rule 3.1312, subd. (a) and Code of Civil Procedure section 1019.5, subd. (a), no further written order is necessary. The minute order adopting ...

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Recent Rulings by Hon. Rosemary T. McGuire

  • ZENITH INSURANCE COMPANY V. DURAN

    Jun 29, 2020 |  Fresno County

    Motion: Plaintiff’s Motion to Strike Defendant’s Memorandum of Costs
    Tentative Ruling:
    To deny.
    Explanation:
    The right to recover costs is purely statutory, and, in the absence of an authorizing statute, no costs can be recovered by either party. (Davis v. KGO-T.V., Inc. (1998) 17 Cal.4...

  • SMARTMED, INC. V. FIRSTCHOICE MEDICAL GROUP, INC.

    Jun 25, 2020 |  Fresno County

    Motion: Plaintiff’s Motion for Right to Attach Order
    Tentative Ruling:
    To deny plaintiff’s motion for right to attach order.
    Explanation:
    First of all, plaintiff’s motion fails to comply with Code of Civil Procedure section 1010 and Rules of Court 3.1110 to 3.1112, which require the mov...

  • MELKONIAN ENTERPRISES, INC. V. SUN-MAID GROWERS OF CALIFORNIA

    Jun 25, 2020 |  Fresno County

    Motion: Defendant Sun-Maid Growers’ demurrer and accompanying
    request for judicial notice
    Tentative Ruling:
    To grant defendant’s request for judicial notice. To sustain the demurrer in its entirety, except as to attorney’s fees. Plaintiffs are granted ten days’ leave to amend. All changes mu...

  • VAILLANCOURT V. FRESNO COMMUNITY HOSPITAL AND MEDICALCENTER, ET AL.

    Jun 24, 2020 |  Fresno County

    Motion: By Defendant Litiema for Summary Judgment
    Tentative Ruling:
    To grant. The prevailing party is directed to submit to this court, within 5 days of the minute order, a proposed judgment consistent with the court’s summary judgment order.
    Explanation:
    Where a summary judgment motion...

  • PEDRO GONSALEZ V. GENERAL MOTORS LLC

    Jun 22, 2020 |  Fresno County

    Motion: Plaintiff’s motion to compel deposition of defendant GM’s person most knowledgeable (“PMK”) and for sanctions related thereto
    Tentative Ruling:
    To grant. Defendant GM’s person most knowledgeable is ordered to appear at the next noticed deposition and to produce all requested documents.

  • KRATOS PROPERTIES, LLC V. MIRAMONTES

    Jun 22, 2020 |  Fresno County

    Motion: 1) Demurrer of Defendants Juan Miramontes, Sergio Chavez and
    Larissa Reyes to the First Amended Complaint
    2) Demurrer of Cross-Defendants Bertha A. Martinez, Sergio Chavez
    and Larissa Reyes to Cross-Complaint
    Tentative Ruling:
    To sustain the general demurrer of defendants M...

  • MITTIE V. RIDDER

    May 29, 2020 |  Fresno County

    Motion: Defendants’ Motion to Compel Compliance with Deposition
    Subpoena
    Tentative Ruling:
    To grant defendants’ motion to compel compliance with the deposition
    subpoena served on Fresno County Probation Department. (Code Civ. Proc. § 1987.1, subd. (a).) The County Probation Department s...

  • CHANG V. GAHAN

    May 19, 2020 |  Fresno County

    Motion: Defendant Susan Lanier’s Motion for Good Faith Settlement
    Tentative Ruling:
    To grant.
    Explanation:
    Under Code of Civil Procedure section 877.6, a settlement entered by one or more of several joint tortfeasors may be determined by the court to be in “good faith.” The court determ...

  • SINGH V. FRESNO FREIGHTLINER DEALERSHIP, DBA FRESNO TRUCKCENTER

    Mar 20, 2020 |  Fresno County

    Motion: Defendant’s Demurrer to Complaint and Motion to Strike
    Portions of Complaint
    Tentative Ruling:
    To overrule the demurrer as to the first and second causes of action. (Code Civ. Proc. § 430.10, subd.’s (e), (f).) To sustain the demurrer as to the third, fourth, fifth, and sixth causes ...

  • ROCHA, ET AL. V. U-HAUL CO. OF CALIFORNIA, ET AL.

    Mar 20, 2020 |  Fresno County

    Motion: Sanctions
    Tentative Ruling:
    To grant Defendants U-Haul and Sandusky’s motion for sanctions, but in the reduced amount of $6,885. (Code Civ. Proc. §128.7(c).) Plaintiffs are ordered to pay sanctions in the amount of $6,885 to Baute Crochetiere Hartley & Velkei, LLP, within 30 days of servi...

  • SLATIC V. ASHLEY

    Mar 18, 2020 |  Fresno County

    Motion: Defendant’s Motion to Quash Service of Summons
    Tentative Ruling:
    To deny.
    Explanation:
    Code of Civil Procedure section 418.10 authorizes a defendant to file a motion to quash service of summons on ground of lack of jurisdiction over him or her, within the time allowed for filing...

  • SPEED V. POLARIS INDUSTRIES, INC.

    Mar 17, 2020 |  Fresno County

    Motions: Plaintiff’s motion to withdraw admission no. 4
    Tentative Ruling:
    To grant.
    Plaintiff shall appear for a deposition concerning whether he was wearing a seatbelt at the time of the accident. Plaintiff’s deposition shall take place within 45 days from the date of this order.
    The d...

  • LUGO V. HORIZON HEALTH & SUBACUTE, LLC

    Mar 17, 2020 |  Fresno County

    Motion: 1) Demurrer of Horizon Health & Subacute, LLC dba Horizon Health and Subacute Center’s Demurrer to the First Amended
    Complaint
    2) Defendant Horizon Health and Subacute Center’s Motion to
    Strike Portions of the First Amended Complaint
    Tentative Ruling:
    To order the demurrer ...

  • SNOWDEN V. OCWEN LOAN SERVICING

    Mar 17, 2020 |  Fresno County

    Motions: PHH MORTGAGE CORPORATION, successor to Ocwen Loan
    Servicing’s Demurrer to the First Amended Complaint; Motion to
    strike portions from the First Amended Complaint
    Tentative Ruling:
    To grant the Request for Judicial Notice. To sustain the demurrer, to grant the motion to strike. ...

  • DEWAYNE ZINKIN V. CARLOS ALEJANDRO MESSA

    Mar 12, 2020 |  Fresno County

    Motions: Plaintiff’s Motion to Enforce Settlement
    Tentative Ruling:
    To grant, and to award attorney’s fees and costs in the amount of $2,425. Plaintiff is directed to submit to this court, within 5 days of service of the minute order, a proposed judgment consistent with the court's order.
    Ex...

  • RAMIREZ ET AL. V. BERBER ET AL.

    Mar 11, 2020 |  Fresno County

    Motion: Petitions to Compromise Minors’ Claims
    Tentative Ruling:
    To grant. Orders signed. Hearing off calendar.
    Pursuant to California Rules of Court, Rule 3.1312, subd. (a) and Code of Civil Procedure section 1019.5, subd. (a), no further written order is necessary. The minute order adoptin...

  • IN RE GILBERT ZEPEDA

    Mar 11, 2020 |  Fresno County

    Motion: Sylvia Zepeda-Lara’s petition to disinter the remains of Gilbert Zepeda
    Tentative Ruling:
    To deny Sylvia Zepeda-Lara’s petition to disinter the remains of Gilbert Zepeda. Explanation:
    The courts have announced certain general principles through case precedent that govern the right to...

  • PADRON V. CITY OF PARLIER

    Mar 10, 2020 |  Fresno County

    Motions: Defendants’ demurrer to the complaint
    Tentative Ruling:
    To take the motion off calendar. (CCP § 430.41(a)(2).) The parties are ordered to meet and confer as set forth in the applicable statute, and, if needed, schedule a new hearing date for the demurrer.
    Explanation:
    Before fi...

  • WOODS V. FRESNO VALVES & CASTINGS, INC.

    Mar 10, 2020 |  Fresno County

    Motion: by parties for class certification and preliminary approval of class settlement
    Tentative Ruling:
    To deny.
    Explanation:
    The Court incorporates its rulings of March 13, 2019, August 8, 2019, and December 4, 2019 herein for historical context. The parties were ordered to file docu...

  • THE CITY OF FRESNO V. MOHAMMADI

    Mar 10, 2020 |  Fresno County

    Motion: Defendants’ Motion to Stay Proceedings
    Tentative Ruling:
    To grant. This action is stayed pending the outcome of the appeal of the judgment issued in Case Number 16CECG01808, Mohammadi v. City of Fresno, Appeal No. F080055.
    Explanation:
    There are misapprehensions on both sides. F...

  • THAO V. SANDOVAL

    Mar 10, 2020 |  Fresno County

    and
    Zenith v. Calderon
    Court Case No. 19CECG02729
    Motion: Motion by Defendants Pedro Sandoval and Ruben Calderon to
    Consolidate
    Tentative Ruling:
    To grant, consolidating for all purposes Case No. 19CECG02694 with Case No. 19CECG02729, with Case No. 19CECG02694 being designated...

  • THORNTON LAW GROUP V. PATTERSON

    Mar 10, 2020 |  Fresno County

    Motion: By Plaintiff for Default Judgment.
    Tentative Ruling:
    To grant.
    Explanation:
    On July 16, 2019, this Court denied a previous request for default judgment on several grounds. Plaintiff resubmitted its paperwork and addressed all of the Court’s concerns, including adequately complet...

  • DAMBROSIO TRADING, INC. V. NEIGHBORHOOD INDUSTRIES, INC.

    Feb 25, 2020 |  Fresno County

    Motion: Plaintiffs/Cross-Defendants’ Demurer and Motion to Strike
    Portions of First Amended Cross-Complaint
    Tentative Ruling:
    To overrule the demurrer to the first amended cross-complaint in part and sustain in part, as discussed in detail below, for failure to state facts sufficient to cons...

  • IN RE MACLOVIA CADENAS

    Feb 25, 2020 |  Fresno County

    Motion: Petition to Compromise Minor’s Claim
    Tentative Ruling:
    To grant. Orders signed. Hearing off calendar.
    Pursuant to California Rules of Court, Rule 3.1312, subd. (a) and Code of Civil Procedure section 1019.5, subd. (a), no further written order is necessary. The minute order adopting ...

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