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

  • LOERA V. COMMUNITY REGIONAL MEDICAL CENTER

    Oct 19, 2020 |  Fresno County

    Motion: Petition to Compromise a Minor’s Claim
    Tentative Ruling:
    The Court is inclined to grant the Petition to Compromise a Pending Action. However, there are several problems with the proposed Order Approving Compromise. If all of the problems were corrected, the Petition would be granted and t...

  • KING V. HASSELL

    Oct 19, 2020 |  Fresno County

    Motion: By Plaintiff for Default Judgment
    Tentative Ruling:
    To withdraw the motion to reconsider the service by publication order. To grant the request for judicial notice. (Evid. Code, §§ 450, 452.) To grant the default judgment as to the 1542 A Street property. To deny the default judgment as t...

  • THOMAS BARNES V. DAVID BARNES

    Oct 19, 2020 |  Fresno County

    Motion: David and Neola Barnes’s motion for leave to file a first amended complaint
    Tentative Ruling:
    To grant. David and Neola Barnes are granted 10 days leave to file the first amended complaint. The time in which the complaint can be amended will run from service by the clerk of the minute ord...

  • HUFF V. SIERRA MEADOWS SENIOR LIVING, LLC

    Oct 15, 2020 |  Fresno County

    Motion: By Plaintiff to Compel Defendant to Provide Further
    Responses to Special Interrogatories, Set One, Numbers 52
    and 53, and for Monetary Sanctions
    Tentative Ruling:
    To grant plaintiff’s motion to compel defendant to provide further responses to special interrogatories, set one, nu...

  • MURPHY V. FCA US, LLC

    Oct 15, 2020 |  Fresno County

    Motion: By Plaintiffs for Attorney’s Fees
    Tentative Ruling:
    To grant plaintiffs’ motion for attorney’s fees, costs and expenses. (Civ. Code § 1794, subd. (d).) To reduce the amount of fees to $65,418.33, which includes a lodestar multiplier of 0.15. To grant costs in the amount of $5,179.42.

  • WELCH V. CENTRAL VALLEY CHILDREN’S SERVICES NETWORK

    Oct 14, 2020 |  Fresno County

    Motion: By Defendants in Demurrer to Complaint
    Tentative Ruling:
    To strike, sua sponte the First Amended Complaint (FAC) plaintiff filed on September 15, 2020. To deny defendant’s request to strike and not consider the opposition brief. To sustain the general demurrers to all causes of action, ex...

  • IN RE: NATHAN VANG

    Oct 13, 2020 |  Fresno County

    Date: October 15, 2020 (Dept. 502)
    Motion: Petition to compromise claim of a minor
    To grant. Hearing off calendar. Petitioner to submit properly completed orders for signature and notify department clerk upon filing.
    Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Pr...

  • WOODS V. FRESNO VALVES & CASTINGS

    Sep 30, 2020 |  Fresno County

    Motion: by plaintiff for final approval of class settlement.
    Tentative Ruling:
    To continue to October 22, 2020 at 3:30 p.m. in this department for a further declaration from the class administrator.
    Explanation:
    The declaration of the class administrator states it was executed in
    M...

  • PNC EQUIPMENT FINANCE, LLC V. HERNANDEZ

    Sep 30, 2020 |  Fresno County

    Motion: Writ of Possession
    Tentative Ruling:
    To deny without prejudice.
    Explanation:
    After filing a complaint, the plaintiff may apply for a writ of possession by filing an application under oath that identifies and describes with particularity the property sought to be seized. (Code Ci...

  • ELIASON V. PENN TREATY NETWORK AMERICA LIFE INSURANCE CO.

    Sep 30, 2020 |  Fresno County

    Motion: By Defendant Penn Treaty Network America Life Insurance
    Company to Stay Proceedings
    Tentative Ruling:
    To grant the motion to stay the entire action due to the liquidation proceedings currently pending in the Commonwealth Court of Pennsylvania.
    Explanation:
    No opposition was...

  • THE DIOCESE OF SAN JOAQUIN V. THE REV. JAMES SNELL ET AL.

    Sep 30, 2020 |  Fresno County

    Motion: Defendants’ Motion to Set Amount of Bond on Appeal
    Tentative Ruling:
    To continue the motion to Thursday, November 5, 2020, at 3:30 p.m. in Department 502.
    Plaintiffs shall file and serve competent evidence of what monthly costs they have incurred in performing their corporate, eccles...

  • BRADFORD V. UNIVERSITY VILLAGE OWNERS ASSOCIATION

    Sep 29, 2020 |  Fresno County

    Motion: By Defendant University Monterey SPE, LP, for Leave to File
    Cross-Complaint
    Tentative Ruling:
    To grant, with defendant granted 10 days’ leave to file the cross-complaint. The time in which the cross-complaint can be filed will run from service by the clerk of the minute order
    Ex...

  • KILLIAN V. MANN

    Sep 28, 2020 |  Fresno County

    Motion: By Plaintiff Isiah Killian for an Order Permitting Pre-Trial
    Discovery of Defendant Alfred Mann’s Financial Condition
    under Civil Code Section 3295(c)
    Tentative Ruling:
    To deny plaintiff’s motion for pretrial discovery of defendant Alfred Mann’s financial condition pursuant to C...

  • AGUAYO V. SPILLMAN

    Sep 28, 2020 |  Fresno County

    Motions: Petitions to compromise minors’ claims (x2)
    Tentative Ruling:
    To deny without prejudice. Petitioner must file amended petitions, with appropriate supporting papers and proposed orders, and obtain a new hearing date for consideration of the amended petitions.
    Explanation:
    The pe...

  • THOMAS BARNES V. DAVID BARNES

    Sep 25, 2020 |  Fresno County

    Motion: Defendants David and Noela Barnes’s motion to for leave to
    amend to file a first amended complaint
    Tentative Ruling:
    To grant. Defendants David and Noela Barnes are granted 10 days leave to file the first amended complaint. The time in which the complaint can be amended will run from...

  • IN RE: NOEY ISAAC CAMPOS

    Sep 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(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order adopting t...

  • NOORIGIAN V. ROSENFELD

    Sep 23, 2020 |  Fresno County

    Motion: By defendant Pinnacle Real Estate of Shaver Lake for
    summary judgment, or in the alternative, summary
    adjudication
    Tentative Ruling:
    To deny summary judgment and summary adjudication.
    Explanation:
    Procedural Defects
    Plaintiffs object to the motion on procedural gr...

  • RUSSELL V. THE PERMANENTE MEDICAL GROUP

    Sep 23, 2020 |  Fresno County

    Motion: By Plaintiff for Relief from Order Waiving Right to Jury Trial Tentative Ruling:
    To grant plaintiff’s motion for relief from the order waiving her right to a jury trial. (Code Civ. Proc. § 631, subd. (g).)
    Explanation:
    “‘The California Constitution guarantees the right to a jury tria...

  • KOZLOWSKI V. AMERICAN EXPRESS NATIONAL BANK

    Sep 22, 2020 |  Fresno County

    Motions: Demurrer by defendant to both causes of action in First Amended Complaint
    Tentative Ruling:
    To overrule as to breach of contract and to sustain as to fraud, with leave to amend. Any amended pleading is to be filed in 20 days, with the amended portions set forth in bold.
    Explanation:...

  • GIOVINGO V. PACIFICA REAL ESTATE SERVICES, INC.

    Sep 21, 2020 |  Fresno County

    Motion: By Plaintiff to Compel a Further Response to Requests for
    Admission, or Alternatively, to Deem Admissions Admitted, to
    Compel Further Response to Request for Production, to
    Compel Further Response to Form Interrogatory 17.1, and for
    Monetary Sanctions
    Tentative Ruling:

  • ARMENTA V. SEACA PACKAGING, INC.

    Sep 21, 2020 |  Fresno County

    Motion: Plaintiff’s Motion for Preliminary Approval of Class Action
    Settlement
    Tentative Ruling:
    To grant the plaintiff’s motion for preliminary approval of class action settlement. Explanation:
    1. Class Certification
    a. Standards
    “Class certification requires proof (1) of a s...

  • SMARTMED V. FIRSTCHOICE MEDICAL

    Sep 18, 2020 |  Fresno County

    Motion: By Plaintiff SmartMed to Compel Deposition of Defendant
    Vantage’s Person Most Knowledgeable
    By Plaintiff SmartMed to Compel Further Responses to
    Requests for Admissions No.’s 1-4 (Set One), Form
    Interrogatory 17.1, Request for Production of Documents No.’s
    143-148 (Set Five...

  • ZENITH INSURANCE COMPANY V. LUMMUS CORP

    Sep 18, 2020 |  Fresno County

    Motion: Gabino Orrostieta’s Motion for Leave to Intervene
    Tentative Ruling:
    To deny.
    Explanation:
    Pursuant to Code of Civil Procedure section 1013a, the moving party is required to submit an affidavit to the court of proper service. (Code Civ. Proc., § 1013a.) Here, plaintiff-in-Interve...

  • BOGHOSIAN V. CLOVIS VALLEY PLUMBING, INC. DBA VALLEY PLUMBING

    Sep 16, 2020 |  Fresno County

    Motion: Defendant’s Motion to Set Aside Default
    Tentative Ruling:
    To deny.
    Explanation:
    Relief from Default Pursuant to Code Civil Procedure § 473, subd. (b)
    Under Code of Civil Procedure section 473, subdivision (b), the court is empowered to relieve a party “upon such terms as ma...

  • See More Results

Recent Rulings by Hon. Rosemary T. McGuire

  • LOERA V. COMMUNITY REGIONAL MEDICAL CENTER

    Oct 19, 2020 |  Fresno County

    Motion: Petition to Compromise a Minor’s Claim
    Tentative Ruling:
    The Court is inclined to grant the Petition to Compromise a Pending Action. However, there are several problems with the proposed Order Approving Compromise. If all of the problems were corrected, the Petition would be granted and t...

  • KING V. HASSELL

    Oct 19, 2020 |  Fresno County

    Motion: By Plaintiff for Default Judgment
    Tentative Ruling:
    To withdraw the motion to reconsider the service by publication order. To grant the request for judicial notice. (Evid. Code, §§ 450, 452.) To grant the default judgment as to the 1542 A Street property. To deny the default judgment as t...

  • THOMAS BARNES V. DAVID BARNES

    Oct 19, 2020 |  Fresno County

    Motion: David and Neola Barnes’s motion for leave to file a first amended complaint
    Tentative Ruling:
    To grant. David and Neola Barnes are granted 10 days leave to file the first amended complaint. The time in which the complaint can be amended will run from service by the clerk of the minute ord...

  • HUFF V. SIERRA MEADOWS SENIOR LIVING, LLC

    Oct 15, 2020 |  Fresno County

    Motion: By Plaintiff to Compel Defendant to Provide Further
    Responses to Special Interrogatories, Set One, Numbers 52
    and 53, and for Monetary Sanctions
    Tentative Ruling:
    To grant plaintiff’s motion to compel defendant to provide further responses to special interrogatories, set one, nu...

  • MURPHY V. FCA US, LLC

    Oct 15, 2020 |  Fresno County

    Motion: By Plaintiffs for Attorney’s Fees
    Tentative Ruling:
    To grant plaintiffs’ motion for attorney’s fees, costs and expenses. (Civ. Code § 1794, subd. (d).) To reduce the amount of fees to $65,418.33, which includes a lodestar multiplier of 0.15. To grant costs in the amount of $5,179.42.

  • WELCH V. CENTRAL VALLEY CHILDREN’S SERVICES NETWORK

    Oct 14, 2020 |  Fresno County

    Motion: By Defendants in Demurrer to Complaint
    Tentative Ruling:
    To strike, sua sponte the First Amended Complaint (FAC) plaintiff filed on September 15, 2020. To deny defendant’s request to strike and not consider the opposition brief. To sustain the general demurrers to all causes of action, ex...

  • IN RE: NATHAN VANG

    Oct 13, 2020 |  Fresno County

    Date: October 15, 2020 (Dept. 502)
    Motion: Petition to compromise claim of a minor
    To grant. Hearing off calendar. Petitioner to submit properly completed orders for signature and notify department clerk upon filing.
    Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Pr...

  • WOODS V. FRESNO VALVES & CASTINGS

    Sep 30, 2020 |  Fresno County

    Motion: by plaintiff for final approval of class settlement.
    Tentative Ruling:
    To continue to October 22, 2020 at 3:30 p.m. in this department for a further declaration from the class administrator.
    Explanation:
    The declaration of the class administrator states it was executed in
    M...

  • PNC EQUIPMENT FINANCE, LLC V. HERNANDEZ

    Sep 30, 2020 |  Fresno County

    Motion: Writ of Possession
    Tentative Ruling:
    To deny without prejudice.
    Explanation:
    After filing a complaint, the plaintiff may apply for a writ of possession by filing an application under oath that identifies and describes with particularity the property sought to be seized. (Code Ci...

  • ELIASON V. PENN TREATY NETWORK AMERICA LIFE INSURANCE CO.

    Sep 30, 2020 |  Fresno County

    Motion: By Defendant Penn Treaty Network America Life Insurance
    Company to Stay Proceedings
    Tentative Ruling:
    To grant the motion to stay the entire action due to the liquidation proceedings currently pending in the Commonwealth Court of Pennsylvania.
    Explanation:
    No opposition was...

  • THE DIOCESE OF SAN JOAQUIN V. THE REV. JAMES SNELL ET AL.

    Sep 30, 2020 |  Fresno County

    Motion: Defendants’ Motion to Set Amount of Bond on Appeal
    Tentative Ruling:
    To continue the motion to Thursday, November 5, 2020, at 3:30 p.m. in Department 502.
    Plaintiffs shall file and serve competent evidence of what monthly costs they have incurred in performing their corporate, eccles...

  • BRADFORD V. UNIVERSITY VILLAGE OWNERS ASSOCIATION

    Sep 29, 2020 |  Fresno County

    Motion: By Defendant University Monterey SPE, LP, for Leave to File
    Cross-Complaint
    Tentative Ruling:
    To grant, with defendant granted 10 days’ leave to file the cross-complaint. The time in which the cross-complaint can be filed will run from service by the clerk of the minute order
    Ex...

  • KILLIAN V. MANN

    Sep 28, 2020 |  Fresno County

    Motion: By Plaintiff Isiah Killian for an Order Permitting Pre-Trial
    Discovery of Defendant Alfred Mann’s Financial Condition
    under Civil Code Section 3295(c)
    Tentative Ruling:
    To deny plaintiff’s motion for pretrial discovery of defendant Alfred Mann’s financial condition pursuant to C...

  • AGUAYO V. SPILLMAN

    Sep 28, 2020 |  Fresno County

    Motions: Petitions to compromise minors’ claims (x2)
    Tentative Ruling:
    To deny without prejudice. Petitioner must file amended petitions, with appropriate supporting papers and proposed orders, and obtain a new hearing date for consideration of the amended petitions.
    Explanation:
    The pe...

  • THOMAS BARNES V. DAVID BARNES

    Sep 25, 2020 |  Fresno County

    Motion: Defendants David and Noela Barnes’s motion to for leave to
    amend to file a first amended complaint
    Tentative Ruling:
    To grant. Defendants David and Noela Barnes are granted 10 days leave to file the first amended complaint. The time in which the complaint can be amended will run from...

  • IN RE: NOEY ISAAC CAMPOS

    Sep 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(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order adopting t...

  • NOORIGIAN V. ROSENFELD

    Sep 23, 2020 |  Fresno County

    Motion: By defendant Pinnacle Real Estate of Shaver Lake for
    summary judgment, or in the alternative, summary
    adjudication
    Tentative Ruling:
    To deny summary judgment and summary adjudication.
    Explanation:
    Procedural Defects
    Plaintiffs object to the motion on procedural gr...

  • RUSSELL V. THE PERMANENTE MEDICAL GROUP

    Sep 23, 2020 |  Fresno County

    Motion: By Plaintiff for Relief from Order Waiving Right to Jury Trial Tentative Ruling:
    To grant plaintiff’s motion for relief from the order waiving her right to a jury trial. (Code Civ. Proc. § 631, subd. (g).)
    Explanation:
    “‘The California Constitution guarantees the right to a jury tria...

  • KOZLOWSKI V. AMERICAN EXPRESS NATIONAL BANK

    Sep 22, 2020 |  Fresno County

    Motions: Demurrer by defendant to both causes of action in First Amended Complaint
    Tentative Ruling:
    To overrule as to breach of contract and to sustain as to fraud, with leave to amend. Any amended pleading is to be filed in 20 days, with the amended portions set forth in bold.
    Explanation:...

  • GIOVINGO V. PACIFICA REAL ESTATE SERVICES, INC.

    Sep 21, 2020 |  Fresno County

    Motion: By Plaintiff to Compel a Further Response to Requests for
    Admission, or Alternatively, to Deem Admissions Admitted, to
    Compel Further Response to Request for Production, to
    Compel Further Response to Form Interrogatory 17.1, and for
    Monetary Sanctions
    Tentative Ruling:

  • ARMENTA V. SEACA PACKAGING, INC.

    Sep 21, 2020 |  Fresno County

    Motion: Plaintiff’s Motion for Preliminary Approval of Class Action
    Settlement
    Tentative Ruling:
    To grant the plaintiff’s motion for preliminary approval of class action settlement. Explanation:
    1. Class Certification
    a. Standards
    “Class certification requires proof (1) of a s...

  • SMARTMED V. FIRSTCHOICE MEDICAL

    Sep 18, 2020 |  Fresno County

    Motion: By Plaintiff SmartMed to Compel Deposition of Defendant
    Vantage’s Person Most Knowledgeable
    By Plaintiff SmartMed to Compel Further Responses to
    Requests for Admissions No.’s 1-4 (Set One), Form
    Interrogatory 17.1, Request for Production of Documents No.’s
    143-148 (Set Five...

  • ZENITH INSURANCE COMPANY V. LUMMUS CORP

    Sep 18, 2020 |  Fresno County

    Motion: Gabino Orrostieta’s Motion for Leave to Intervene
    Tentative Ruling:
    To deny.
    Explanation:
    Pursuant to Code of Civil Procedure section 1013a, the moving party is required to submit an affidavit to the court of proper service. (Code Civ. Proc., § 1013a.) Here, plaintiff-in-Interve...

  • BOGHOSIAN V. CLOVIS VALLEY PLUMBING, INC. DBA VALLEY PLUMBING

    Sep 16, 2020 |  Fresno County

    Motion: Defendant’s Motion to Set Aside Default
    Tentative Ruling:
    To deny.
    Explanation:
    Relief from Default Pursuant to Code Civil Procedure § 473, subd. (b)
    Under Code of Civil Procedure section 473, subdivision (b), the court is empowered to relieve a party “upon such terms as ma...

  • See More Results

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