county of merced consolidation of civil courtrooms 627 …

SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED

Consolidation of Civil Courtrooms

Hon. Brian L. McCabe Courtroom 8 Courtroom 10

627 W. 21st Street, Merced Monday, November 8, 2021

To limit the spread of the COVID-19 virus, all civil matters normally heard in Courtroom 8,

Hon. Brian L. McCabe, and Courtroom 10, Hon. Donald J. Proietti are being consolidated

and heard by a single judge, Hon. Brian L. McCabe, in Courtroom 10.

Note: Separate Tentative Rulings are Provided for Courtroom 9, Judge Pro Tems Monika

Donabed and Peter MacLaren. Those matters will be heard either in-person or via remote

hearing in Courtroom 9.

IMPORTANT: To limit the spread of the COVID-19 virus, the court will only conduct remote hearings on these calendars. Parties who contest the tentative ruling or wish to appear at a hearing must contact the clerk of the court at (209) 725-4240 to provide their contact information for the remote hearing.

The specific tentative rulings for specific calendars follow:


Civil Law and Motion Tentative Rulings Hon. Brian L. McCabe

Courtroom 8 627 W. 21st Street, Merced Monday, November 8, 2021

8:15 a.m.

May 18, 2020 8:15 a.m.

Case No. Title / Description

20CV-00827 David Rios, et al. v. Tully Management, Inc., et al. Motion for (1) Final Approval of Class/PAGA Settlement; (2) Final Approval of Incentive Awards to All Plaintiffs; and (3) Final Approval of Award of Attorney’s Fees and Costs The unopposed motion for final approval of class/PAGA settlement, of Incentive Awards to All Plaintiffs, and of Award of Attorney’s Fees and Costs is GRANTED. The Court will sign the order lodged with the court on October 27, 2021.

21CV-01961 The Petition of Felisha Evenson Order to Show Cause Re: Name Change This petition by one parent to change the name of a minor child for which proof of publication has been filed is CONTINUED ON THE COURT’S OWN MOTION to Wednesday, December 13, 2021 at 8:15 a.m. in Courtroom 8 so that service of the petition on the minor’s father may be accomplished and proof of such service may be filed.

The following tentative rulings shall become the ruling of the court unless a party gives

notice of intention to appear as follows:

1. You must call (209) 725-4240 to notify the court of your intent to appear.

2. You must give notice to all other parties before 4:00 p.m. of your intent to appear.

Per California Rules of Court, rule 3.1308(a)(1), failure to do both items 1 and 2 will result

in no oral argument. To limit the spread of the COVID-19 virus, the court will only

conduct remote hearings. Parties who contest the tentative ruling or wish to

appear at a hearing must contact the clerk of the court at (209) 725-4240 to provide

their contact information for the remote hearing.

21CV-03319 Maria Robles v. Rebeca Valencia Lugo Order to Show Cause Re: Restraining Order The Court notes proof of personal service was filed on October 18, 2021, indicating respondent was personally served with notice of hearing on October 18, 2021, and that a Response was filed on November 2, 2021. Remote appearance required. To arrange a remote appearance, contact the clerk of the court at (209) 725-4240 to provide their contact information for the remote hearing.

21CV-03320 Christina Zamaripa v. Teresa Valencia Order to Show Cause Re: Restraining Order The Court notes that no proof of service has been filed showing that respondent was served with the Notice of Hearing, the Request for Restraining Order, or the Temporary Restraining Order issued in this action. Absent an appearance by Petitioner and a showing of good cause for the failure to serve Respondent, the Order to Show Cause re Restraining Order shall be VACATED, and the matter DISMISSED WITHOUT PREJUDICE. Remote appearance required. To arrange a remote appearance, contact the clerk of the court at (209) 725-4240 to provide their contact information for the remote hearing.


Mandatory Settlement Conference

Hon. Brian L. McCabe Courtroom 8


9:00 a.m.


There are no Mandatory Settlement Conferences scheduled.




2. You must give notice to all other parties before 4:00 p.m. of your intent to

appear.

Per California Rules of Court, rule 3.1308(a)(1), failure to do both items 1 and 2 will

result in no oral argument. To limit the spread of the COVID-19 virus, the court will

only conduct remote hearings. Parties who contest the tentative ruling or wish

to appear at a hearing must contact the clerk of the court at (209) 725-4240 to

provide their contact information for the remote hearing.


Civil Case Management Conferences



10:00 a.m.


17CV-00110 Budina Smith v. Richard Robinson, et al. Trial Setting Conference As a result of the reduction in court services due to the COVID-19 pandemic, there is currently a backlog of criminal trials that take priority over civil matters. The Court does not anticipate that it will begin setting regular civil jury trials until sometime after June of 2022, though some unlawful detainer jury trials have been set and are trailing criminal jury trials that have priority, The Court does not anticipate that regular civil jury trials will commence prior to August 2022. Accordingly, this Trial Setting Conference is continued, on the Court’s own motion, to Monday, June 27, 2022 at 10:00 in Courtroom 8. While the Court is not currently setting Civil Jury Trials, we have some experienced Pro Tem Judges who are willing to conduct voluntary civil settlement conferences at no charge if parties all agree to participate. Parties who wish to participate in a voluntary settlement conference should submit a Request to Set Mandatory Settlement Conference or a Stipulation and Order setting the MSC.




2. You must give notice to all other parties before 4:00 p.m. of your intent to appear.

Per California Rules of Court, rule 3.1308(a)(1), failure to do both items 1 and 2 will result

in no oral argument. To limit the spread of the COVID-19 virus, the court will only

conduct remote hearings. Parties who contest the tentative ruling or wish to appear

at a hearing must contact the clerk of the court at (209) 725-4240 to provide their

contact information for the remote hearing.

18CV-00162 Luz Alvarado v. County of Merced, et al. Trial Setting Conference As a result of the reduction in court services due to the COVID-19 pandemic, there is currently a backlog of criminal trials that take priority over civil matters. The Court does not anticipate that it will begin setting regular civil jury trials until sometime after June of 2022, though some unlawful detainer jury trials have been set and are trailing criminal jury trials that have priority, The Court does not anticipate that regular civil jury trials will commence prior to August 2022. Accordingly, this Trial Setting Conference is continued, on the Court’s own motion, to Monday, June 27, 2022 at 10:00 in Courtroom 8. While the Court is not currently setting Civil Jury Trials, we have some experienced Pro Tem Judges who are willing to conduct voluntary civil settlement conferences at no charge if parties all agree to participate. Parties who wish to participate in a voluntary settlement conference should submit a Request to Set Mandatory Settlement Conference or a Stipulation and Order setting the MSC.

18CV-02797 Robert Vega v. Jose Hernandez, et al. Trial Setting Conference As a result of the reduction in court services due to the COVID-19 pandemic, there is currently a backlog of criminal trials that take priority over civil matters. The Court does not anticipate that it will begin setting regular civil jury trials until sometime after June of 2022, though some unlawful detainer jury trials have been set and are trailing criminal jury trials that have priority, The Court does not anticipate that regular civil jury trials will commence prior to August 2022. Accordingly, this Trial Setting Conference is continued, on the Court’s own motion, to Monday, June 27, 2022 at 10:00 in Courtroom 8. While the Court is not currently setting Civil Jury Trials, we have some experienced Pro Tem Judges who are willing to conduct voluntary civil settlement conferences at no charge if parties all agree to participate. Parties who wish to participate in a voluntary settlement conference should submit a Request to Set Mandatory Settlement Conference or a Stipulation and Order setting the MSC.

19CV-01665 Darrell Nelson v. City of Merced Case Management Conference As a result of the reduction in court services due to the COVID-19 pandemic, there is currently a backlog of criminal trials that take priority over civil matters. The Court does not anticipate that it will begin setting regular civil jury trials until sometime after June of 2022, though some unlawful detainer jury trials have been set and are trailing criminal jury trials that have priority, The Court does not anticipate that regular civil jury trials will commence prior to August 2022. Accordingly, this Case Management Conference is continued, on the Court’s own motion, to Monday, June 27, 2022 at 10:00 in Courtroom 8. While the Court is not currently setting Civil Jury Trials, we have some experienced Pro Tem Judges who are willing to conduct voluntary civil settlement conferences at no charge if parties all agree to participate. Parties who wish to participate in a voluntary

settlement conference should submit a Request to Set Mandatory Settlement Conference or a Stipulation and Order setting the MSC.

19CV-02008 Alejandro Haro v. Foster Farms, LLC, et al. Case Management Conference As a result of the reduction in court services due to the COVID-19 pandemic, there is currently a backlog of criminal trials that take priority over civil matters. The Court does not anticipate that it will begin setting regular civil jury trials until sometime after June of 2022, though some unlawful detainer jury trials have been set and are trailing criminal jury trials that have priority, The Court does not anticipate that regular civil jury trials will commence prior to August 2022. Accordingly, this Case Management Conference is continued, on the Court’s own motion, to Monday, June 27, 2022 at 10:00 in Courtroom 8. While the Court is not currently setting Civil Jury Trials, we have some experienced Pro Tem Judges who are willing to conduct voluntary civil settlement conferences at no charge if parties all agree to participate. Parties who wish to participate in a voluntary settlement conference should submit a Request to Set Mandatory Settlement Conference or a Stipulation and Order setting the MSC.

19CV-02610 Abel Arias Maciel, et al. v. FCA US LLC, et al. Trial Setting Conference As a result of the reduction in court services due to the COVID-19 pandemic, there is currently a backlog of criminal trials that take priority over civil matters. The Court does not anticipate that it will begin setting regular civil jury trials until sometime after June of 2022, though some unlawful detainer jury trials have been set and are trailing criminal jury trials that have priority, The Court does not anticipate that regular civil jury trials will commence prior to August 2022. Accordingly, this Trial Setting Conference is continued, on the Court’s own motion, to Monday, June 27, 2022 at 10:00 in Courtroom 8. While the Court is not currently setting Civil Jury Trials, we have some experienced Pro Tem Judges who are willing to conduct voluntary civil settlement conferences at no charge if parties all agree to participate. Parties who wish to participate in a voluntary settlement conference should submit a Request to Set Mandatory Settlement Conference or a Stipulation and Order setting the MSC.

19CV-05577 Cynthia Rojas v. Sheila (DOE) et al. Case Management Conference As a result of the reduction in court services due to the COVID-19 pandemic, there is currently a backlog of criminal trials that take priority over civil matters. The Court does not anticipate that it will begin setting regular civil jury trials until sometime after June of 2022, though some unlawful detainer jury trials have been set and are trailing criminal jury trials that have priority, The Court does not anticipate that regular civil jury trials will commence prior to August 2022. Accordingly, this Case Management Conference is continued, on the Court’s own motion, to Monday, June 27, 2022 at 10:00 in Courtroom 8. While the Court is not currently setting Civil Jury Trials, we have some experienced Pro Tem Judges who are willing to conduct voluntary civil settlement conferences at no charge if parties all agree to participate. Parties who wish to participate in a voluntary settlement conference should submit a Request to Set Mandatory Settlement Conference or a Stipulation and Order setting the MSC.

19CV-05623 Mayri Hernandez v. Sutter Health, et al. Case Management Conference As a result of the reduction in court services due to the COVID-19 pandemic, there is currently a backlog of criminal trials that take priority over civil matters. The Court does not anticipate that it will begin setting regular civil jury trials until sometime after June of 2022, though some unlawful detainer jury trials have been set and are trailing criminal jury trials that have priority, The Court does not anticipate that regular civil jury trials will commence prior to August 2022. Accordingly, this Case Management Conference is continued, on the Court’s own motion, to Monday, June 27, 2022 at 10:00 in Courtroom 8. While the Court is not currently setting Civil Jury Trials, we have some experienced Pro Tem Judges who are willing to conduct voluntary civil settlement conferences at no charge if parties all agree to participate. Parties who wish to participate in a voluntary settlement conference should submit a Request to Set Mandatory Settlement Conference or a Stipulation and Order setting the MSC.

20CV-01454 Suzanne White, et al. v. Five River Trucking Inc., et al. Case Management Conference As a result of the reduction in court services due to the COVID-19 pandemic, there is currently a backlog of criminal trials that take priority over civil matters. The Court does not anticipate that it will begin setting regular civil jury trials until sometime after June of 2022, though some unlawful detainer jury trials have been set and are trailing criminal jury trials that have priority, The Court does not anticipate that regular civil jury trials will commence prior to August 2022. Accordingly, this Case Management Conference is continued, on the Court’s own motion, to Monday, June 27, 2022 at 10:00 in Courtroom 8.

While the Court is not currently setting Civil Jury Trials, we have some experienced Pro Tem Judges who are willing to conduct voluntary civil settlement conferences at no charge if parties all agree to participate. Parties who wish to participate in a voluntary settlement conference should submit a Request to Set Mandatory Settlement Conference or a Stipulation and Order setting the MSC.

20CV-01459 Edges Electrical Group, LLC v. Automatic Boiler Co., Inc., et al. Case Management Conference As a result of the reduction in court services due to the COVID-19 pandemic, there is currently a backlog of criminal trials that take priority over civil matters. The Court does not anticipate that it will begin setting regular civil jury trials until sometime after June of 2022, though some unlawful detainer jury trials have been set and are trailing criminal jury trials that have priority, The Court does not anticipate that regular civil jury trials will commence prior to August 2022. Accordingly, this Case Management Conference is continued, on the Court’s own motion, to Monday, June 27, 2022 at 10:00 in Courtroom 8. While the Court is not currently setting Civil Jury Trials, we have some experienced Pro Tem Judges who are willing to conduct voluntary civil settlement conferences at no charge if parties all agree to participate. Parties who wish to participate in a voluntary settlement conference should submit a Request to Set Mandatory Settlement Conference or a Stipulation and Order setting the MSC.

20CV-01461 Gene Weber v. Sunrise Medical (US) LLC Case Management Conference As a result of the reduction in court services due to the COVID-19 pandemic, there is currently a backlog of criminal trials that take priority over civil matters. The Court does not anticipate that it will begin setting regular civil jury trials until sometime after June of 2022, though some unlawful detainer jury trials have been set and are trailing criminal jury trials that have priority, The Court does not anticipate that regular civil jury trials will commence prior to August 2022. Accordingly, this Case Management Conference is continued, on the Court’s own motion, to Monday, June 27, 2022 at 10:00 in Courtroom 8. While the Court is not currently setting Civil Jury Trials, we have some experienced Pro Tem Judges who are willing to conduct voluntary civil settlement conferences at no charge if parties all agree to participate. Parties who wish to participate in a voluntary settlement conference should submit a Request to Set Mandatory Settlement Conference or a Stipulation and Order setting the MSC.

20CV-01463 Rafael Dominquez v. Miguel Orozco Farm Labor Contractor Incorporated, et al.

Case Management Conference As a result of the reduction in court services due to the COVID-19 pandemic, there is currently a backlog of criminal trials that take priority over civil matters. The Court does not anticipate that it will begin setting regular civil jury trials until sometime after June of 2022, though some unlawful detainer jury trials have been set and are trailing criminal jury trials that have priority, The Court does not anticipate that regular civil jury trials will commence prior to August 2022. Accordingly, this Case Management Conference is continued, on the Court’s own motion, to Monday, June 27, 2022 at 10:00 in Courtroom 8. While the Court is not currently setting Civil Jury Trials, we have some experienced Pro Tem Judges who are willing to conduct voluntary civil settlement conferences at no charge if parties all agree to participate. Parties who wish to participate in a voluntary settlement conference should submit a Request to Set Mandatory Settlement Conference or a Stipulation and Order setting the MSC.

20CV-01464 National Surety Corporation v. Central Valley Concrete, Inc. Case Management Conference As a result of the reduction in court services due to the COVID-19 pandemic, there is currently a backlog of criminal trials that take priority over civil matters. The Court does not anticipate that it will begin setting regular civil jury trials until sometime after June of 2022, though some unlawful detainer jury trials have been set and are trailing criminal jury trials that have priority, The Court does not anticipate that regular civil jury trials will commence prior to August 2022. Accordingly, this Case Management Conference is continued, on the Court’s own motion, to Monday, June 27, 2022 at 10:00 in Courtroom 8. While the Court is not currently setting Civil Jury Trials, we have some experienced Pro Tem Judges who are willing to conduct voluntary civil settlement conferences at no charge if parties all agree to participate. Parties who wish to participate in a voluntary settlement conference should submit a Request to Set Mandatory Settlement Conference or a Stipulation and Order setting the MSC.

20CV-01466 Karina Vazquez v. Juan Deltoro Case Management Conference As a result of the reduction in court services due to the COVID-19 pandemic, there is currently a backlog of criminal trials that take priority over civil matters. The Court does not anticipate that it will begin setting regular civil jury trials until sometime after June of 2022, though some unlawful detainer jury trials have been set and are trailing criminal jury trials that have priority, The Court does not anticipate that regular civil jury trials will commence prior to August 2022. Accordingly, this Case Management Conference is continued, on the Court’s own motion, to Monday, June 27, 2022 at 10:00 in Courtroom 8. While the Court is not currently setting Civil Jury Trials, we have some experienced Pro Tem Judges who are willing to conduct voluntary civil settlement conferences at no

charge if parties all agree to participate. Parties who wish to participate in a voluntary settlement conference should submit a Request to Set Mandatory Settlement Conference or a Stipulation and Order setting the MSC.

20CV-01480 Salvador Verduzco Torres v. Peter Gemperle Case Management Conference As a result of the reduction in court services due to the COVID-19 pandemic, there is currently a backlog of criminal trials that take priority over civil matters. The Court does not anticipate that it will begin setting regular civil jury trials until sometime after June of 2022, though some unlawful detainer jury trials have been set and are trailing criminal jury trials that have priority, The Court does not anticipate that regular civil jury trials will commence prior to August 2022. Accordingly, this Case Management Conference is continued, on the Court’s own motion, to Monday, June 27, 2022 at 10:00 in Courtroom 8. While the Court is not currently setting Civil Jury Trials, we have some experienced Pro Tem Judges who are willing to conduct voluntary civil settlement conferences at no charge if parties all agree to participate. Parties who wish to participate in a voluntary settlement conference should submit a Request to Set Mandatory Settlement Conference or a Stipulation and Order setting the MSC.

20CV-02798 Martin Gomez Vasquez, et al. v. Candice Burrola Case Management Conference As a result of the reduction in court services due to the COVID-19 pandemic, there is currently a backlog of criminal trials that take priority over civil matters. The Court does not anticipate that it will begin setting regular civil jury trials until sometime after June of 2022, though some unlawful detainer jury trials have been set and are trailing criminal jury trials that have priority, The Court does not anticipate that regular civil jury trials will commence prior to August 2022. Accordingly, this Case Management Conference is continued, on the Court’s own motion, to Monday, June 27, 2022 at 10:00 in Courtroom 8. While the Court is not currently setting Civil Jury Trials, we have some experienced Pro Tem Judges who are willing to conduct voluntary civil settlement conferences at no charge if parties all agree to participate. Parties who wish to participate in a voluntary settlement conference should submit a Request to Set Mandatory Settlement Conference or a Stipulation and Order setting the MSC.

20CV-02827 Laura Cortez-Jurado v. Comfort Care Medical Transport LLC Case Management Conference As a result of the reduction in court services due to the COVID-19 pandemic, there is currently a backlog of criminal trials that take priority over civil matters. The Court does not anticipate that it will begin setting regular civil jury trials until sometime after June of 2022, though some unlawful detainer jury trials have been set and are trailing criminal jury trials that have priority, The Court does not anticipate that regular civil jury trials will commence prior to August 2022. Accordingly, this Case Management Conference is continued, on the Court’s own motion, to Monday, June 27, 2022 at 10:00 in Courtroom 8. While the Court is not currently setting Civil Jury Trials, we have some experienced Pro Tem Judges who are willing to conduct voluntary civil settlement conferences at no charge if parties all agree to participate. Parties who wish to participate in a voluntary settlement conference should submit a Request to Set Mandatory Settlement Conference or a Stipulation and Order setting the MSC.

20CV-02834 John Roush v. Ramneek Kahlon, et al. Case Management Conference As a result of the reduction in court services due to the COVID-19 pandemic, there is currently a backlog of criminal trials that take priority over civil matters. The Court does not anticipate that it will begin setting regular civil jury trials until sometime after June of 2022, though some unlawful detainer jury trials have been set and are trailing criminal jury trials that have priority, The Court does not anticipate that regular civil jury trials will commence prior to August 2022. Accordingly, this Case Management Conference is continued, on the Court’s own motion, to Monday, June 27, 2022 at 10:00 in Courtroom 8. While the Court is not currently setting Civil Jury Trials, we have some experienced Pro Tem Judges who are willing to conduct voluntary civil settlement conferences at no charge if parties all agree to participate. Parties who wish to participate in a voluntary settlement conference should submit a Request to Set Mandatory Settlement Conference or a Stipulation and Order setting the MSC.

20CV-03022 Matthew Carvalho v. Lucia Rocha Case Management Conference As a result of the reduction in court services due to the COVID-19 pandemic, there is currently a backlog of criminal trials that take priority over civil matters. The Court does not anticipate that it will begin setting regular civil jury trials until sometime after June of 2022, though some unlawful detainer jury trials have been set and are trailing criminal jury trials that have priority, The Court does not anticipate that regular civil jury trials will commence prior to August 2022. Accordingly, this Case Management Conference is

continued, on the Court’s own motion, to Monday, June 27, 2022 at 10:00 in Courtroom 8. While the Court is not currently setting Civil Jury Trials, we have some experienced Pro Tem Judges who are willing to conduct voluntary civil settlement conferences at no charge if parties all agree to participate. Parties who wish to participate in a voluntary settlement conference should submit a Request to Set Mandatory Settlement Conference or a Stipulation and Order setting the MSC.

21CV-00379 The People v. $300,220.00 U.S. Currency Case Management Conference As a result of the reduction in court services due to the COVID-19 pandemic, there is currently a backlog of criminal trials that take priority over civil matters. The Court does not anticipate that it will begin setting regular civil jury trials until sometime after June of 2022, though some unlawful detainer jury trials have been set and are trailing criminal jury trials that have priority, The Court does not anticipate that regular civil jury trials will commence prior to August 2022. Accordingly, this Case Management Conference is continued, on the Court’s own motion, to Monday, June 27, 2022 at 10:00 in Courtroom 8. While the Court is not currently setting Civil Jury Trials, we have some experienced Pro Tem Judges who are willing to conduct voluntary civil settlement conferences at no charge if parties all agree to participate. Parties who wish to participate in a voluntary settlement conference should submit a Request to Set Mandatory Settlement Conference or a Stipulation and Order setting the MSC.

21CV-01077 Josefina Garcia v. Mann Brothers Transportation Inc., et al. Case Management Conference As a result of the reduction in court services due to the COVID-19 pandemic, there is currently a backlog of criminal trials that take priority over civil matters. The Court does not anticipate that it will begin setting regular civil jury trials until sometime after June of 2022, though some unlawful detainer jury trials have been set and are trailing criminal jury trials that have priority, The Court does not anticipate that regular civil jury trials will commence prior to August 2022. Accordingly, this Case Management Conference is continued, on the Court’s own motion, to Monday, June 27, 2022 at 10:00 in Courtroom 8. While the Court is not currently setting Civil Jury Trials, we have some experienced Pro Tem Judges who are willing to conduct voluntary civil settlement conferences at no charge if parties all agree to participate. Parties who wish to participate in a voluntary settlement conference should submit a Request to Set Mandatory Settlement Conference or a Stipulation and Order setting the MSC.

21CV-02878 Jessica Schindler v. Dignity Health Case Management Conference As a result of the reduction in court services due to the COVID-19 pandemic, there is currently a backlog of criminal trials that take priority over civil matters. The Court does not anticipate that it will begin setting regular civil jury trials until sometime after June of 2022, though some unlawful detainer jury trials have been set and are trailing criminal jury trials that have priority, The Court does not anticipate that regular civil jury trials will commence prior to August 2022. Accordingly, this Case Management Conference is continued, on the Court’s own motion, to Monday, June 27, 2022 at 10:00 in Courtroom 8. While the Court is not currently setting Civil Jury Trials, we have some experienced Pro Tem Judges who are willing to conduct voluntary civil settlement conferences at no charge if parties all agree to participate. Parties who wish to participate in a voluntary settlement conference should submit a Request to Set Mandatory Settlement Conference or a Stipulation and Order setting the MSC.


Ex Parte Matters



1:15 p.m.


There are no ex parte matters scheduled for hearing.





appear.






.


Ex Parte Matters

Peter MacLaren, Judge Pro Tem Courtroom 9


1:15 p.m.







appear.


result in no oral argument. To limit the spread of the COVID-19 virus, the court

encourages remote hearings by telephone or video. Parties who contest the

tentative ruling or wish to appear remotely must contact the clerk of the court at

(209) 725-4240 to provide their contact information for the remote hearing.


Ex Parte Matters

Hon. David A. Moranda Courtroom 12

1159 G Street, Merced Monday, November 8, 2021

1:15 p.m.







appear.






.


Short Cause Court Trials



1:30 p.m.


There are no Short Cause Court Trials scheduled.





appear.






.


Limited Civil

Peter MacLaren, Judge Pro Tem Courtroom 9


1:30 p.m.


19CV-01833 Barclays Bank Delaware v. Maria Gutierrez Motion to Set Aside Dismissal and for Entry of Judgment Pursuant to Stipulation of The Parties The motion to set aside dismissal and enter judgment against defendant Maria Gutierrez is GRANTED. The Court orders Judgment entered in favor of Plaintiff Barclays Bank 24 Delaware and against defendant Maria L. Gutierrez in the sum of $8,625.54 as follows: $8,779.84 principal, plus previous court costs of $378.50, $7.20 e-filing fee, and $60.00 court costs for the filing of this motion, less $600.00 for payments made to date for a total judgment amount of $8,625.54. The Court will sign the order and judgment which were both filed with the court on September 21, 2021.

20CV-02116 Streetshares Lending Company, LLC v. Marco Arteaga Gutierrez, et al. Order of Examination Personal appearance required. The Court notes that a proof of service was filed on October 19, 2021, showing that the Order to Appear for Examination was personally served on Marco A. Arteaga Gutierrez on October 6, 2021.





appear.


result in no oral argument. To limit the spread of the COVID-19 virus, the court

encourages remote hearings by telephone or video. Parties who contest the

tentative ruling or wish to appear remotely must contact the clerk of the court at

(209) 725-4240 to provide their contact information for the remote hearing.

21CV-02700 [Parties’ names withheld pursuant to CCP § 1161.2(a)(1)] Unlawful Detainer Court Trial Appearance Required. Remote appearances are encouraged. Parties who wish to appear remotely should contact the clerk of the court at (209) 725-4240 to provide their contact information for the remote hearing. The Unlawful Detainer Complaint filed August 11, 2021 alleges that the sole tenant has died, thereby terminating his tenancy, and that notwithstanding the agreements prohibition against assignment or subletting, the current occupants took possession of the property without consent or agreement with Plaintiff.

21CV-03000 [Parties’ names withheld pursuant to CCP § 1161.2(a)(1)] Unlawful Detainer Court Trial Appearance Required. Remote appearances are encouraged. Parties who wish to appear remotely should contact the clerk of the court at (209) 725-4240 to provide their contact information for the remote hearing. The Unlawful Detainer Complaint filed September 16, 2021 alleges Defendant and/or guests commenced shooting paintballs at the elementary school located behind the residence.

21CV-03026 [Parties’ names withheld pursuant to CCP § 1161.2(a)(1)] Unlawful Detainer Court Trial Appearance Required. Remote appearances are encouraged. Parties who wish to appear remotely should contact the clerk of the court at (209) 725-4240 to provide their contact information for the remote hearing.The Unlawful Detainer Complaint filed September 3, 2021 alleges that the owner is removing the property from the rental market.

21CV-03078 [Parties’ names withheld pursuant to CCP § 1161.2(a)(1)] Application to Prevent Forfeiture Due to COVID-19 Rental Debt & Coversheet for Declaration of COVID-19 Related Financial Distress Appearance Required. Remote appearances are encouraged. Parties who wish to appear remotely should contact the clerk of the court at (209) 725-4240 to provide their contact information for the remote hearing. This Unlawful Detainer Action was filed September 9, 2021 and is based on a 15-Day Notice to pay rent for the period November 1, 2020 to August 1, 2021 or quit. At the time the Unlawful Detainer Complaint was filed, Plaintiff filed a UD-101 Coversheet indicating that Plaintiff has not received rental assistance, does not have a rental assistance application pending. Plaintiff does not appear to have complied with CCP § 1179.11(c) by providing a sworn statement that rental assistance was denied or 20 days have passed since rental assistance was requested. The Application to Prevent Forfeiture filed by Defendant on October 25, 2021

does not indicate that a final decision from a government rental assistance program approving the application for rental assistance is attached. Accordingly, Defendant does not appear to have met the burden of proof established by CCP § 1179.13(a)(2)(A) and CCP § 1179.13(a)(3). Appear to address why the matter should not be dismissed for having been filed prior to October 1, 2021 and for not complying with CCP § 1179.11. Alternatively appear to address why the Application to Prevent Forfeiture should not be stricken as incomplete.

21CV-03149 [Parties’ names withheld pursuant to CCP § 1161.2(a)(1)] Hearing on Cover Sheet for Declaration of Covid-19 Related Financial Distress Appearance required. Remote appearances are encouraged. Parties wishing to appear remotely must contact the clerk of the court at (209) 725-4240 to provide their contact information for the remote hearing. Defendant filed a Declaration of COVID-19 Related Financial Distress with the court on October 26, 2021. Appear to address whether defendant has met his burden of showing his failure to return the declaration of COVID-19 related financial distress within the time required by section 1170.03(g) was the result of mistake, inadvertence, surprise, or excusable neglect and therefore the case must be dismissed without prejudice. (Code Civ. Proc., § 1179.03, subd. (h)(1).) Application to Prevent Forfeiture Due to Covid-19 Rental Debt Appearance Required. Remote appearances are encouraged. Parties who wish to appear remotely should contact the clerk of the court at (209) 725-4240 to provide their contact information for the remote hearing. The Unlawful Detainer Complaint was filed on September 15, 2021 and is based on a 15/30 day notice for the period January 1, 2021 through August 1, 2021. At the time the Unlawful Detainer Complaint was filed, Plaintiff filed a UD-101 Coversheet indicating that Plaintiff has not received rental assistance, does not have a rental assistance application pending. Plaintiff does not appear to have complied with CCP § 1179.11(c) by providing a sworn statement that rental assistance was denied or 20 days have passed since rental assistance was requested. The Application to Prevent Forfeiture filed by Defendant on October 26, 2021 does not indicate that a final decision from a government rental assistance program approving the application for rental assistance is attached and does not provide the alternative information required if the approval is not avaliable. Accordingly, Defendant does not appear to have met the burden of proof established by CCP § 1179.13(a)(2)(A) and CCP § 1179.13(a)(3). Appear to address why the matter should not be dismissed for having been filed prior to October 1, 2021 and for not complying with CCP § 1179.11. Alternatively appear to address why the Application to Prevent Forfeiture should not be stricken as incomplete.

21CV-03155 [Parties’ names withheld pursuant to CCP § 1161.2(a)(1)] Unlawful Detainer Court Trial Appearance Required. Remote appearances are encouraged. Parties who wish to appear remotely should contact the clerk of the court at (209) 725-4240 to provide their contact information for the remote hearing. The Unlawful Detainer Complaitn filed September 16, 2021 alleges that Defendant’s resignation of employment was accepted on or about August 15, 2021, thereby terminating the tenancy agreement.

21CV-03216 [Parties’ names withheld pursuant to CCP § 1161.2(a)(1)] Unlawful Detainer Court Trial Appearance Required. Remote appearances are encouraged. Parties who wish to appear remotely should contact the clerk of the court at (209) 725-4240 to provide their contact information for the remote hearing. The Unlawful Detainer Complaint filed September 3, 2021 alleges that the property was sold to a new owner who is terminating the tenancy and removing the property from the rental market.

21CV-03217 [Parties’ names withheld pursuant to CCP § 1161.2(a)(1)] Unlawful Detainer Court Trial Appearance Required. Remote appearances are encouraged. Parties who wish to appear remotely should contact the clerk of the court at (209) 725-4240 to provide their contact information for the remote hearing. The Unlawful Detainer Complaint filed 9-22-21 alleges that Defendant failed or refused to sign a new lease agreement per CCP § 1946.2(E).

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