ORTEGA, OFELIA vs VASQUEZ, RUBEN

Stanislaus County - Civil - https://www.stanislaus.courts.ca.gov/online-services/tentative-rulings/civil-tentati ve-rulings Civil Tentative Rulings July 21, 2026

The following are the tentative rulings for cases calendared before Judge John R. Mayne in Department 21: ***There are no tentative rulings in Department 21***

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

CV-25-011679 - BAUSER, TIMOTHY vs GREEN, MATTHEW MILTON - Plaintiff's Motion to Compel Further Responses to Special Interrogatories, Set One and Request for Monetary Sanctions - DROPPED. Pursuant to the notice of withdrawal filed on July 16, 2026, the hearing on this motion is DROPPED.

CV-25-012731 - ORTEGA, OFELIA vs VASQUEZ, RUBEN - Defendant's Motion to Dismiss Partition Action for Lack of Jurisdiction - DENIED. The motion to dismiss--which appears to be a reiteration of a prior motion to dismiss that was heard on June 11, 2026--is again DENIED as procedurally defective. As Plaintiff states in her opposition to the motion, "... California law does not authorize dismissal of a complaint through a freestanding motion to dismiss based upon the grounds asserted in Defendant's motion. Rather, the California Code of Civil Procedure provides specific procedural mechanisms for challenging a pleading, each governed by its own statutory requirements." (Opp., at p. 3.) Such procedural mechanisms include a demurrer, a motion to strike, or a motion for judgment on the pleadings. Alternatively, a party may file a motion for summary judgment or summary adjudication.

Plaintiff has requested that the Court sanction Defendant under Code of Civil Procedure Sec. 128.7 or any other applicable statute. That request is DENIED at this time; a motion for sanctions under Sec. 128.7 must strictly comply with certain procedural requirements, including that the motion must be made separately from any other motion and must provide a safe-harbor period. (See Code Civ. Proc., Sec. 128.7(c)(1).) However, Defendant should consider himself on notice that any failure to heed Court advisements and the repeated filing of motions making the same arguments may result in monetary sanctions in the future.

PR-23-000289 - IN THE MATTER OF THE MACHADO FAMILY CREDIT BYPASS TRUST - Petitioner's Motion to Quash Subpoena for Production of Business Records or, in the Alternative, to Modify or Limit the Subpoena, and for Monetary Sanctions Against Petitioner, Angela Estacio and her Counsel of Record, Rebecca H. Sem - CONTINUED to July 30, 2026, at 8:30 am in Department 22. This matter is CONTINUED on the Court's own motion to July 30, 2026, at 8:30 am in Department 22, to be heard with the continued motion for consolidation on calendar that day.