IN RE: PARKSIDE VILLAS MAINTENANCE CORPORATION

Stanislaus County - Civil - https://www.stanislaus.courts.ca.gov/online-services/tentative-rulings/civil-tentati ve-rulings Civil Tentative Rulings September 4, 2026

The following are the tentative ruling for cases calendared before Judge John R. Mayne in Department 21:

CV-25-009819 - ROSSBERG, JAMIE vs WATERFORD AUTO REPAIR - Plaintiff's Motion to Vacate Dismissal, Set Aside Order of Dismissal, and Restore Action to Court's Active Trial Calendar - GRANTED, and unopposed.

On June 23, 2026, the Court dismissed this action without prejudice after Plaintiff failed to appear in Department 21 for the scheduled court trial. Plaintiff moved for relief on July 14, 2026, within approximately three weeks of the dismissal and well within the period prescribed by Code of Civil Procedure section 473(b).

Plaintiff establishes that her failure to appear in Department 21 resulted from mistake or excusable neglect. The June 8, 2026 minute order displayed Department 22 in its heading, although the body of the order stated that trial would proceed in Department 21. Plaintiff declares that she timely came to the courthouse, reported to Department 22, checked in with the bailiff, was told she was "on the docket," and remained there awaiting the call of her case. The declaration of Louise Rossberg corroborates Plaintiff's account. Plaintiff's pretrial filings further support her assertion that she intended and was prepared to proceed with trial.

The conflicting department references and Plaintiff's declared and corroborated interaction with courtroom personnel provide a sufficient basis for discretionary relief. Plaintiff acted promptly after dismissal, Defendant has not opposed the motion, and the record does not disclose case-specific prejudice that would result from restoring the action.

The dismissal entered on June 23, 2026, is set aside. The action is restored to the Court's active docket. The Court SETS a case management conference for September 30, 2026, at 8:30 a.m. in Department 21. The Court will make some minor revisions to the proposed order and then will sign it. Plaintiff is ordered to have a third party serve a copy of the signed order on Defendant by mail at the Yosemite address within five days of issuance of the signed order.

CV-25-012299 - ARREGUIN, TIFFINY RENE vs CASTILLO, SAMUEL DEJE MIRANDA - Plaintiff's Motion for Leave to File a First Amended Complaint to Add a Claim for Punitive Damages - HEARING REQUIRED. Plaintiff raises significant new factual bases in her reply and the Court must either disregard it or permit further briefing if so requested by the Defendants. Sufficiency is best tested after an amended pleading, and the Court is currently inclined to allow the amendment, subject to pleading challenges at a later stage.

CV-26-006975 - IN RE: PARKSIDE VILLAS MAINTENANCE CORPORATION - Petitioner's Petition to Reduce Required Voting Percentage for Amendment to CC&Rs Pursuant to Civil Code Section 4275 and Corporations Code Section 7515 - HEARING REQUIRED. The Court suspects the amended proof of service will be accessible by it prior to the hearing.

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

CV-24-010714 - CERVANTEZ, YENI ALEJANDRA CORTEZ vs CITY OF TURLOCK - Defendant City of Turlock's Motion to Compel Plaintiff's Further Discovery Responses and Request for Issue and Evidence Sanctions in the Alternative - CONTINUED to October 13, 2026, at 8:30 am in Department 22.

Defendant submitted a declaration stating that the parties are working towards resolving their discovery dispute by September 18, 2026. Accordingly, the Court CONTINUES the hearing to October 13, 2026, at 8:30 am in Department 22. Moving party to file and serve at least five court days before the hearing either a notice of withdrawal or a declaration describing any narrowing of the issues.

CV-26-000923 -WELLS FARGO BANK NA vs MARTINEZ, AARON - Plaintiff's Motion for Judgment on the