Shoes Teva Burnt Women’s Hiking Low Olive W Ember Green Btol Moc Rise Civil Tentative Ruling Announcement
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If the Tentative Ruling in your case is satisfactory, you need not appear at the scheduled time, the ruling becomes final, and the prevailing party prepares the order.

However, if you are not satisfied with the Tentative Ruling, and wish to appear and argue the matter, YOU MUST NOTIFY the Clerk’s Office and opposing counsel of your intent before 4:00 p.m. TODAY. If a TELEPHONIC HEARING is requested per CCP §367.5, COURT CALL MUST be notified AND the Clerk’s Office MUST also be notified before 4:00 p.m. Teva Burnt Ember Moc Hiking Low Btol Women’s Green Olive Rise Shoes W Moc Shoes Rise Hiking Women’s Low Burnt Olive Btol Green Teva W Ember TODAY.

When doing so, you must indicate as to which issue(s) and/or motion(s) a hearing is being requested. If requesting a hearing for clarification of a tentative ruling, specify what matter(s) and/or issue(s) need clarification.

You may request a hearing by calling the calendar line at (209) 530-3162 or the main line at (209) 530-3100, prior to 4:00 p.m. - OR- by e-mailing at civil.tentatives@stanct.org Email requests must be made prior to 4:00 p.m. AND confirmed by return e-mail. If you do not receive confirmation e-mail from the clerk, you MUST call (209) 530-3162 to request your hearing.

Please refer to Local Rule of Court 3.12 concerning Court reporter fees.

If a Hearing is required or you have requested a Hearing for a Law and Motion Matter Scheduled in Department 21, 22, 23 or 24 in Modesto, please contact the Court Reporter Coordinator at (209) 530-3105 to request a reporter and determine availability. If a Staff Reporter is not available, you may need to provide your own.

Effective April 2, 2012

Staff Court Reporters may be available, though it is not guaranteed, to report law and motion matters on the following schedule:

Department 21 -- Wednesdays and Fridays only. Staff Reporters may be available on Tuesdays and Thursdays. Please call to confirm.
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Department 22 -- Tuesdays and Thursdays only. Staff Reporters may be available on Wednesdays and Fridays. Please call to confirm.
Department 23 -- Wednesdays and Fridays only. Staff Reporters may be available on Tuesdays and Thursdays. Please call to confirm.
Department 24 -- Tuesdays and Thursdays only. Staff Reporters may be available on Wednesdays or Fridays. Please call to confirm.

If a Staff Reporter is not available, counsel can make arrangements to have their hearing reported by a private CSR. Please contact the Court Reporter Coordinator at (209)530-3105 to request a Staff Reporter and to determine if a Staff Reporter will be available for your hearing.

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September 14, 2018

 

 

The following are the tentative rulings for cases calendared before Judge Marie S. Silveira in Department 21:

 

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***There are no tentative rulings for Department 21***

 

 

The following are the tentative rulings for cases calendared before Judge Stacy P. Speiller in Department 22:

 

 

2022986 – GODDARD, KJIRSTEN VS. WHITE PLUM, INC. - Plaintiff, KJIRSTEN GODDARD’s Motion for Summary Adjudication of Defendant’s Second, Fourth, Fifth and Sixth Causes of Action – GRANTED, in part; DENIED, in part. 

 

Plaintiff, as the moving party, has met the burden of establishing a prima facie showing of entitlement to summary adjudication of the Second, Fourth, and Fifth Causes of Action contained in Plaintiff’s First Amended Complaint on the basis that Plaintiff has established each element of the subject causes of action and there is no defense thereto.  The burden then shifts to Defendant to submit admissible evidence which raises a triable issue of material fact.

 

As to the Second Cause of Action alleging Defendant’s liability for statutory and civil (PAGA) penalties based on failure to furnish accurate wage statements (Lab. Code §226(a)), Plaintiff has established the elements of that cause of action and Defendant’s opposition sets forth no controverting admissible evidence establishing a valid defense thereto. Therefore, based on the undisputed material facts, Plaintiff is entitled to summary adjudication on the issue of Defendant’s liability for (1) statutory penalties in the amount of $1,150 as provided in Lab. Code §226(e)(1), and (2) civil penalties as provided in Lab. Code §2699.  With regard to the latter, the Court notes that the amount of the civil penalties is subject to the Court’s discretion based on the facts and circumstances of the case. (Lab. Code §2699(e)(2).  Therefore, Court finds that the amount of the civil (PAGA) penalties shall be reserved for determination based on evidence to be presented at a future proceeding.

 

As to the Fourth Cause of Action alleging Defendant’s liability for statutory (“waiting time”) penalties based on Defendant’s failure to pay wages upon separation (Lab. Code §201, 203), Plaintiff has established the elements of that cause of action with regard to both hourly wages and accrued vacation time, and Defendant’s opposition sets forth no controverting admissible evidence establishing a valid defense thereto. Therefore, based on the undisputed material facts, Plaintiff is entitled to summary adjudication on the issue of Defendant’s liability for statutory penalties in the amount of $3,000 as provided in Lab. Code §203(a).

 

As to the Fifth Cause of Action alleging Defendant’s liability for statutory penalties based on Defendant’s failure to timely furnish payroll records (Lab. Code §226(c)), Plaintiff has established the elements of that cause of action and Defendant’s opposition sets forth no controverting admissible evidence establishing a valid defense thereto. Therefore, based on the undisputed material facts, Plaintiff is entitled to summary adjudication on the issue of Defendant’s liability for a statutory penalty in the amount of $750, as provided in Lab. Code §226(f).

 

The Court notes Plaintiff’s request to withdraw her motion as to the Sixth Cause of Action; therefore, the Court makes no ruling in that regard.

 

Defendant’s objections to the evidence submitted in Plaintiff’s supporting declaration are overruled.  The Court notes that Plaintiff’s objections to evidence submitted in opposition to the instant motion were incomplete as submitted; therefore, the Court was unable to ascertain the substance of the objections for purposes of ruling on the same.

 

 

9000745 – MODESTO CITY SCHOOLS VS. PANAMAX LLC – a) Defendant CORE BRANDS, LLC’s Motion for Protective Order; b) Plaintiff’s Motion for Order to Compel Further Answers to Form Interrogatories and for Monetary Sanctions; c) Plaintiff’s Motion for Order to Compel Further Production and Request for Sanctions; d) Plaintiff’s Motion for Order to Compel Further Answers to Special Interrogatories and Request for Sanctions -

 

All 4 motions are CONTINUED, on the Court’s own Motion, to November 1, 2018 at 8:30 a.m. in Department 22. 

 

The Court notes Defendant’s representation that additional documents have been produced, as well as Defendant’s agreement to serve further amended responses to certain of the discovery requests subsequent to the filing of the instant motion.  Therefore, it appears that at least some of the issues presented by the instant motions are now moot.  Moreover, the Court believes that, with additional time and effort expended in good faith, the potential exists for the parties to narrow or resolve the remaining outstanding issues if substantive meet and confer efforts are undertaken in good faith, particularly with regard to the terms of a potential protective order.  Therefore, the matter is continued and the parties are instructed to continue to meet and confer with regard to mutually acceptable terms of such an order and the resultant effect upon the disputed discovery requests.

 

If the disputed issues cannot be resolved by continued good faith efforts, the parties shall file a Joint Status Statement no later than 5 court days before the continued hearing date.  The Joint Status Statement should explain in detail the parties’ further efforts to meet and confer in good faith.  If necessary, each moving party shall also provide an amended Separate Statement of Disputed Discovery identifying those matters remaining in dispute for each respective motion. 

 

Lastly, the Court advises that the matter may be appropriate for an informal discovery conference to be ordered pursuant to Code Civ. Proc. §2016.080 in the event that further efforts between the parties are unsuccessful; however, the Court will reserve that determination until the Joint Status Statement is received.

 

 

The following are the tentative rulings for cases calendared before Judge John D. Freeland in Department 23:

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***There are no tentative rulings for Department 23***

 

 

The following is the tentative ruling for a case calendared before Judge Roger M. Beauchesne in Department 24:

 

 

2028663 – SAING, SOVANNA VS. FCA US LLC – Plaintiff’s Motion to Compel Deposition of Defendant’s Personal Most Knowledgeable – HEARING REQUIRED.

 

 

The following are the tentative rulings for cases calendared before Commissioner Jared D. Beeson in Department 19 located at the Turlock Division at 300 Starr Avenue, Turlock, CA:

 

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***There are no tentative rulings for Department 19***

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