a) Defendant U.S. Renal Care, Inc.'s Demurrer to Plaintiff's Complaint; b) Defendant U.S. Renal Care, Inc's Motion to Strike Portions of Plaintiff's Complaint
Stanislaus County - Civil - https://www.stanislaus.courts.ca.gov/online-services/tentative-rulings/civil-tentati ve-rulings Civil Tentative Rulings May 27, 2026
The following are the tentative rulings for cases calendared before Judge John R. Mayne in Department 21:
CV-24-005616 - JPMORGAN CHASE BANK NA vs TRIGUEROS, JOSE - Plaintiff's Motion to Set Aside and Amend Default Judgment Nunc Pro Tunc - GRANTED in part.
The Court's judgment of $2102.91 entered on January 20, 2026, against Defendant was based on an incorrect computation. The Court's attention has been drawn to this error. Accordingly, the Court's January 20,2026 order is hereby vacated. The correct judgment amount of $1310.91, which accounts for a credit of $6284.00 for payments made by Defendant and costs of $0 is hereby entered. The Court deliberately signed the order and Plaintiff sought the amount, so the Court may not do so nunc pro tunc. The Court will modify and sign the Proposed Order.
CV-25-005773 - ART BUILDINGS LLC vs ROMSPEN CALIFORNIA MORTGAGE LIMITED PARTNERSHIP - a) Defendant's Ric (Atherstone) LLC and Romspen California Mortgage Limited Partnership's Motion to Expunge Notice of Pendency of Action (Lis Pendens) - GRANTED; b) Plaintiff's Motion for Relief from Order Sustaining Demurrer Pursuant to CCP 473(b) - DENIED.
a) Both parties' requests for judicial notice are granted. (Evidence Code sections 452 (c) and (d) and 453) Defendant's evidentiary objections to the declaration of Tracy Wood are sustained on grounds of lack of foundation and personal knowledge, (Evid. Code Sec.Sec. 403, 702). Given the Court's ruling of April 22, 2026, sustaining Defendant's Demurrer to the First Amended Complaint without leave to amend, no pendency of action exists. (Civ. Proc. Code Sec. 405.31 and Civ. Proc. Code Sec. 405.32; Newell v.
Superior Court of Los Angeles County (2024) 107 Cal. App. 5 th 728).” Defendants are the prevailing party and entitled to their attorney fees and costs (Civ. Proc. Code Sec. 405.38; Trapasso v. Superior Court of Orange County (1977), 73 Cal.App.3d 561; J&A Mash & Barrel, LLC v. Superior Court of Fresno County (2022) 289 Cal.Rptr.3d 110; Castro v. Superior Ct., (2004)116 Cal. App. 4 th 1010). The attorney fees sought in this matter vastly exceed the local rates charged. Ms. Zhu's rate is modified to $250 per hour, Mr.
Hartford's to $500 per hour and Mr. Root's to $450 per hour. That is $3,250 for Ms. Zhu, $2,125 for Mr. Hartford, and $10,800 for Mr. Root. This totals $16,175 in attorney fees which will be ordered paid by Plaintiff. The Court will modify and sign the proposed order.
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b) Plaintiff's motion appears founded on the erroneous premise that the Court did not consider Plaintiff's Opposition in addressing Defendant's Demurrer to Plaintiff's First Amended Complaint. This was likely based in part on some language which was not carefully edited between the first hearing on this matter and the second. The Court's Ruling of April 22, 2026 directly quoted from Plaintiff's Opposition. (See page 2 of said Ruling). Plaintiff's Reply says that the motion is not based on not considering the Opposition, but this appears to be inconsistent.
The Court considered the late-filed opposition, and rejected it. The motion is denied. The Court has now ruled twice on the demurrer despite substantial irregularities in the timing of pleadings. As Defendant observes, the statute is not designed to permit a do-over when Plaintiff made inconsistent and insufficient choices in their pleadings even after leave to amend.
CV-25-012288 - VEGA, GLORIA vs US RENAL CARE INC - a) Defendant U.S. Renal Care, Inc.'s Demurrer to Plaintiff's Complaint - WITHDRAWN; b) Defendant U.S. Renal Care, Inc's Motion to Strike Portions of Plaintiff's Complaint - WITHDRAWN.
The following are the tentative rulings for cases calendared before Judge Stacy P. Speiller in Department 22:
***There are no tentative rulings in Department 22***
The following are the tentative rulings for cases calendared before Judge Clifford Tong in Department 23:
CV-25-001993 - CARDENAS, ROLANDO vs DIVERSIFIED MACHINING & FABRICATION INC - a) Defendant's Motion to Consolidate Class and PAGA Cases - DENIED, as MOOT; b) Defendant's Motion to Compel Arbitration - GRANTED, and unopposed.
a) The motion is moot in view of the parties' stipulation and the Court's order consolidating the actions on 4-28-26.
b) Based on review of the papers and evidence submitted, and the lack of opposition thereto, the Court finds that Defendant has demonstrated the existence of an arbitration agreement, which is subject to the provisions of the Federal Arbitration Act and applies to the claims asserted in the instant action, including Plaintiff's individual claim for PAGA penalties. Defendant has also demonstrated that Plaintiff has refused to submit the instant dispute to arbitration. Therefore, the Court finds that Defendant is entitled to an order compelling Plaintiff to submit to arbitration pursuant to the terms of the agreement. (9 U.S.C.
Sec. 1 et seq.; Code Civ. Proc. Sec. 1281.2.) In addition, the Court finds that the class action waiver contained in the subject agreement is valid and enforceable herein, and Defendant's motion to dismiss the class claims asserted in the action is GRANTED. (Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4 th 348, 364.) All further proceedings herein, including the PAGA claims asserted by Plaintiff in a representative capacity, shall be stayed pending completion of the arbitration. (9 U.S.C.
Sec. 3; Code Civ. Proc. Sec. 1282.4.) Defendant shall submit a revised form of order reflecting the Court's ruling herein.
UD-25-000116 - FREEDOM MORTGAGE CORPORATION vs JACKSON, MARSHA - Plaintiff's Motion for Summary Judgment - HEARING REQUIRED.
The following are the tentative rulings for cases calendared before Judge Sonny S. Sandhu in Department 24:
***There are no tentative rulings in Department 24***
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:
***There are no tentative rulings in Department 19***