civil tentative rulings

The court does not issue tentative rulings on Writs of Attachment, Writs of Possession, Claims of Exemption, Claims of Right to Possession, Motions to Tax Costs After Trial, Motions for New Trial, or Motions to Continue Trial.

Under California Rules of Court, rule 3.1308 and Local Rule 701, any party opposed to the tentative ruling must notify the court, and other parties, by 4:00 p.m. on the court day before the hearing of their intention to appear for oral argument. The court's notice must be made by facsimile to 559-733-6774.

Timestamp: 11/27/2015 at 11:00am

Thursday, November 26, 2015 and Friday, November 27, 2015 are court holidays.

Tentative Rulings for Monday, November 30, 2015 are:

Re:               Roberts v. Valencia
Case No.:    PCU259193
Date:            November 30, 2015  Time:  9:00 a.m.
Dept.:           16-The Honorable Valeriano Saucedo
Motion:         Motion by Defendant Pablo Valencia dba Pete’s Auto Wrecking to Set Aside the Default Pursuant to CCP 473 

Tentative Ruling:  To Deny the Motion by Defendant Pablo Valencia dba Pete’s Auto Wrecking to Set Aside the Default Pursuant to CCP 473, without prejudice.

Defendant brings his motion under the discretionary relief provisions of CCP 473(b).  Defendant asserts he is entitled to relief due to mistake, inadvertence, surprise, and/or excusable neglect.

Based on documents in the file, Defendant’s default was entered by the clerk of the court on April 24, 2015.  Defendant’s motion for relief was filed on October 29, 2015. 

A motion for discretionary relief under CCP 473(b) must, under the terms of the statute, be brought within six (6) months from the date of default.  Defendant’s motion is untimely and cannot be granted.  See Arambula v. Union Carbide Corp. (2005) 128 Cal.App.4th 333, 345;  In re Marriage of Askmo (2000) 85 Cal.App.4th 1032, 1037.

Additionally, Defendant’s motion is not supported by any declaration of Defendant showing mistake, surprise, inadvertence or excusable neglect.  An attorney’s declaration is insufficient.  Facts asserted in the submitted attorney declaration appear inadequate in any event.  Ignorance of the law alone is not grounds for relief.  Anderson v. Sherman (1981) 125 Cal.App.3d 228, 237-238.

If no one requests oral argument, under Code of Civil Procedure section 1019.5(a) and California Rules of Court, rule 3.1312(a), no further written order is necessary. The minute order adopting this tentative ruling will become the order of the court and service by the clerk will constitute notice of the order.


Re:                    Patel, et al. v. Perez, et al. and Related Cross-Action

Case No:          VCU259100

Date:                November 30, 2015

Time:                8:30 A.M. 

Dept.                 1 - The Honorable Melinda Reed

Motions:            (1) Motion by Defendant Donna L. Fraser for Order Compelling Physical Examination of Plaintiff Ashvin T. Patel, Request for Sanctions and Joinder in Motion by Defendant Lorenzo Luis Simon Perez; and (2) Motion by Defendant Donna L. Fraser to Strike Plaintiffs’ Expert Witness Designation.

Tentative Rulings:  These motions are brought on an Order Shortening Time.  There are no tentative rulings for these motions.  The parties are directed to meaningfully meet and confer in an effort to resolve these discovery disputes.  In the event there is no resolution, attorneys for defendants and plaintiff are to personally appear.  No CourtCall appearances will be permitted on these motions.


This concludes the civil tentative rulings