Judge Wendy Getty: Comprehensive Profile - Analytics, Rulings, and Recent Cases

Motion by Plaintiffs for Change of Venue
TENTATIVE RULING
Plaintiff’s motion to transfer venue is denied without prejudice. Venue in this action may be proper both in Solano County where the injury allegedly occurred at Defendant’s business location or another county where the headquarters for Defend...

Demurrer
TENTATIVE RULING
Parties to appear. As Petitioner is an incarcerated inmate, he may not have access to the court’s tentative ruling system.
Petitioner DEMARCUS RALLS filed a petition for writ of mandate against Respondent R. NEUSHMID, the Warden of the prison in which he is incarcerated, ...

Motion to Quash Subpoena; Special Motion to Strike TENTATIVE RULING
Motion to Quash
Defendant Michael’s motion to quash the subpoena served on Facebook, Inc. is denied without prejudice to a proper motion to quash by Facebook or any third person whose interests would be invaded by Facebook’s complian...

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Motion to Vacate Default Judgment
TENTATIVE RULING
Plaintiff PORTFOLIO RECOVERY ASSOCIATES moves to vacate its default judgment against Defendant RICHARD ZODIKOFF pursuant to Code of Civil Procedure section 473.5. Counsel for Plaintiff represents that Defendant is a victim of identity theft. The...

Motion by Plaintiff to Vacate Judgment
TENTATIVE RULING
Plaintiff PORTFOLIO RECOVERY ASSOCIATES moves to vacate its default judgment against Defendant TYSHIANA FULLER pursuant to Code of Civil Procedure section 473.5. Counsel for Plaintiff represents that Defendant is a victim of identity theft. The ...

Motion to be Relieved as Counsel
TENTATIVE RULING
Plaintiffs’ counsel’s unopposed motion to be relieved as attorney of record is granted. Counsel to submit an amended order to be processed by the court as the lodged order submitted is incomplete and/or miscopied. The order relieving Plaintiff’s couns...

Pro Hac Vice Motion
TENTATIVE RULING
The unopposed application of Clinton Quisenberry for admission pro hac vice is granted.
The unopposed application of Michael D. Richardson for admission pro hac vice is granted.
THE PARTIES MAY JOIN THIS COURT CALENDAR REMOTELY UTILIZING THE FOLLOWING INFORM...

Motion to be Relieved as Counsel
TENTATIVE RULING
Counsel for the parties to appear. Plaintiff Francisco Mendoza shall additionally personally appear.

Motion for Summary Judgment as to Counts II and III of BMO’s Complaint as to all Defendants or in the Alternative for Summary Judgment—Continued Hearing TENTATIVE RULING
Procedural History, Suspended Status, Withdrawal and Standing C.C.P. §1008(b) requires a party who earlier filed and lost on a motion ...

Demurrer
TENTATIVE RULING
Defendants CRISOSTOMO and MOUA (“Demurring Defendants”) demur to Plaintiff DARREN BIRKS, JR.’s complaint against them for negligence. The complaint concerns injury to Plaintiff by a falling ceiling tile in a dayroom at the correctional facility in which he is incarcerated.

Motion by Plaintiff COMPASS BANK for Summary Adjudication TENTATIVE RULING
Procedural History, Suspended Status and Standing
The court takes judicial notice of the contents of the file in this matter, including: (1) Order Granting Plaintiff Compass Bank’s Ex Parte Application for Temporary Restrainin...

Demurrer
TENTATIVE RULING
Defendant Michael’s general demurrer is overruled. The sole basis for the demurrer is that the defamatory nature of Defendant’s publications are not apparent on the face of the pleading and therefore Plaintiffs were required to, but did not, allege special damages. However, ...

Petition For Instruction to Make Distributions and to Pay Attorneys’ Fees TENTATIVE RULING
Parties to appear.
This matter was previously continued from January 12, 2021. The parties were to submit a stipulation for dismissal or a notice of settlement at least 10 days before the next hearing after fin...

Motion for Entry of Judgment Under Terms of Stipulated Settlement TENTATIVE RULING
Reflecting due process concerns, service of a motion affecting the rights of a defendant who has not appeared in an action typically is required to be made in the same manner as required for service of summons and complai...

(1) Motion by Defendants for Summary Adjudication as to the Complaint of Plaintiff CARLOS BALDERAS NARVAEZ; and
(2) Motion by Plaintiffs for Summary Adjudication of Defendants’ 23rd Affirmative Defense
TENTATIVE RULING
This case stems from a serious accident between a tractor-trailer driven by Def...

Demurrers; Motion to Strike
TENTATIVE RULING
Demurrer by Defendants Jesus and Alisha Gutierrez
Defendants’ demurrer is overruled in part and sustained without leave to amend in part. Defendants’ demurrer to the second cause of action for intentional infliction of emotional distress is overruled. D...

Motion To Be Relieved As Counsel
TENTATIVE RULING
The motion filed by counsel for Defendant Michael Charlson to be relieved as attorney of record is denied. Counsel fails to provide an explanation for the unreasonable delay in withdrawing from this case and the withdrawal creates prejudice to his cli...

Motion to Compel Further Responses
TENTATIVE RULING
Plaintiff’s motion to compel further responses to his requests for production of documents, set one, is denied without prejudice.
Plaintiff’s meet and confer declaration did not “state facts showing a reasonable and good faith attempt at an infor...

(1) Motion by Defendants for Summary Adjudication as to the Complaint of Plaintiff CARLOS BALDERAS NARVAEZ; and
(2) Motion by Plaintiffs for Summary Adjudication of Defendants’ 23rd Affirmative Defense
TENTATIVE RULING
Continued on the court’s own motion to Tuesday, February 9, 2021, at 9:00 a.m. ...

MOTION TO BE RELIEVED AS COUNSEL
TENTATIVE RULING
The motion filed by counsel for Defendant Michael Charlson to be relieved as attorney of record is denied. Counsel fails to provide an explanation for the unreasonable delay in withdrawing from this case and the withdrawal creates prejudice to his cli...

Plaintiff’s Motion to Approve PAGA Settlement (Continued Hearing) TENTATIVE RULING
Documents requested by court were not submitted. Parties to appear.

Application for Writ of Possession
TENTATIVE RULING
For noticed motion applications, the plaintiff is required to serve the application papers, the complaint and summons prior to the hearing. C.C.P. §512.030. The court has no record to show that the defendant has been served with any papers (the comp...

Motion to Enforce Settlement
TENTATIVE RULING
Plaintiff’s unopposed motion to enforce the parties’ settlement agreement is granted. Judgment shall be entered for Plaintiff and against Defendant for a total sum of $5,545.24, which consists of $5,465.24 in the agreed upon amount, minus $375 in amounts ...

SAFEWAY INC.’s Motion to Intervene
TENTATIVE RULING
SAFEWAY INC. has not provided proof of service of this motion for leave to file a complaint in intervention on all parties to this case. This matter is continued to February 23, 2021 at 9:00 A.M. so that service may be made and the parties have an o...