Plaintiff Gauston Corp's Motion to Compel Further Responses and Production re: Request for Production, Set One, and Request for Sanctions
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Stanislaus County - Civil - https://www.stanislaus.courts.ca.gov/online-services/tentative-rulings/civil-tentati ve-rulings Civil Tentative Rulings May 21, 2026
The following are the tentative rulings for cases calendared before Judge John R. Mayne in Department 21:
CV-22-001871 - STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY vs PETERS, DARRIN KEITH - Plaintiff State Farm Mutual Automobile Insurance Company's Motion to Vacate the Dismissal and Enforce a Settlement Agreement and Enter Judgment - HEARING REQUIRED. The Court notes a discrepancy between Defendant's mailing address as indicated in the underlying Settlement Agreement (Renee Drive) and the address indicated for Defendant on Plaintiff's Notices of Default and the Proof of Service for the instant motion (Maple Street). Counsel shall appear to advise the Court in this regard.
CV-23-004719 - WELLS FARGO BANK NA vs SCOTT, MOSES - Plaintiff's Motion to Vacate Dismissal Under CCP 664.6 & Enter Judgment Pursuant to Stipulation - DENIED with prejudice. Plaintiff appears to be seeking about ten times the amount owed. The Court has an affirmative duty under the canons to prevent future efforts of this sort and assumes this note will be effective prevention.
CV-24-008540 - TESORO HOMES INC vs BELSERA HOMEOWNERS ASSOCIATION - Defendant Belsera Homeowners Association's Motion to Deem Requests for Admission Admitted (CCP 2033.280) - DENIED. Defendant did not seek sanctions and has now received responses. The Court cannot grant the motion. (Code Civ. Proc. Sec. 2033.280(c); see, e.g. St. Mary v. Superior Court (2014) 223 Cal.App.4 th 762, 779-780.) Tesoro's choices concern the Court and I anticipate that the parties will substantially or completely resolve other discovery issues without its assistance.
CV-24-009801 - GAUSTON CORP vs VEC PARTNERS INC - Plaintiff Gauston Corp's Motion to Compel Further Responses and Production re: Request for Production, Set One, and Request for Sanctions - HEARING REQUIRED. No sanctions will be issued in this matter. The Court appreciates the parties' efforts to narrow the issues, and needs further assistance on the scope and nature of the documents MD opposes production of.
The following are the tentative rulings for cases calendared before Judge Stacy P. Speiller in Department 22:
CV-21-005754 - GAVERT, JAMES vs CF MODESTO LLC - a) Defendant's Motion for Judgment on the Pleadings - GRANTED in part and DENIED in part; b) Defendant, The Estate of Michael Brodie's Demurrer to First Amended Complaint - SUSTAINED in part, OVERRULED in part; c) Defendant, The Estate of Michael Brodie's Motion to Strike First Amended Complaint - GRANTED in part, DENIED in part.
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a) On April 15, 2026, Defendant Andreh Saralou M.D. submitted the instant motion for judgment on the pleadings, accompanied by a Memorandum, a Request for Judicial Notice, and two declarations. On May 6, 2026, Plaintiffs submitted an Opposition. On May 12, 2026, Defendant Saralou submitted a Reply. For the reasons below, the motion as to the fourth cause of action for elder abuse is GRANTED with leave to amend; the motion as to the seventh cause of action for negligence is DENIED; the motion as to the eighth cause of action for negligent infliction of emotional distress is GRANTED without leave to amend; the motion as to the tenth cause of action for negligence per se is GRANTED without leave to amend.
Moving Party to submit a proposed order within five court days that conforms to this ruling. Plaintiff shall serve and file any amended complaint no later than 30 days after service of the signed order. Dr. Saralou's Request for Judicial Notice