Tentative Rulings
Civil Tentative Rulings and Probate Examiner Recommendations are available below. All attempts possible are made to have the information on these pages updated by 3:00pm the day prior to hearing in order to allow for any needed continuances or travel if an appearance should be required.
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. today of their intention to appear for oral argument. The court's notice must be made by facsimile (fax) to 559-733-6774; by email to research_attorney@tulare.courts.ca.gov; or by telephoning (559) 730-5010.
Probate Examiner Recommendations: For further information regarding a Visalia probate matter listed below you may contact the Visalia Probate Document Examiner at 559-730-5000 ext #2342. For further information regarding a SCJC probate matter listed below you may contact the SCJC Probate Document Examiner at 559-730-5000 ext #1430. The Probate Calendar Clerk may be reached at 559-730-5000 Option 4, then Option 6.
Civil Tentative Rulings & Probate Examiner Recommendations
The Tentative Rulings for Wednesday, February 11, 2026, are:
Re: FARIAS-GAITAN, JOSE vs. RICE, JANICE et al
Case No.: PCU308085
Date: February 11, 2026
Time: 8:30 A.M.
Dept. 19-The Honorable Russell P. Burke
Motion: Defendant Jerry Walker’s Application to Dismiss for Failure to File Amended Complaint
Tentative Ruling: To grant the application
Facts
On January 27, 2026, this Court sustained Defendant Jerry Walker’s demurrer without leave to amend as to the first and fourth causes of action and sustained Defendant’s demurrer with leave to amend as to the second and third causes of action. The ruling provided ten (10) days to file an amended complaint. Counsel for Plaintiff was present at the hearing.
On February 9, 2026, Defendant Jerry Walker filed this ex parte application for dismissal based on the failure of Plaintiff to file an amended complaint within 10 days after the demurrer hearing.
The declaration of counsel in support indicates notice was provided to Plaintiff’s counsel of this ex parte motion and that Plaintiff intended to oppose the application.
No written opposition appears filed.
Authority and Analysis
California Rule of Court, rule 3.1320(h) entitled “Ex parte application to dismiss following failure to amend” states:
"A motion to dismiss the entire action and for entry of judgment after expiration of the time to amend following the sustaining of a demurrer may be made by ex parte application to the court under Code of Civil Procedure section 581(f)(2)."
Code of Civil Procedure section 581(f)(2) states:
“(f) The court may dismiss the complaint as to that defendant when:
(2) Except where Section 597 applies, after a demurrer to the complaint is sustained with leave to amend, the plaintiff fails to amend it within the time allowed by the court and either party moves for dismissal.”
Here, no amended complaint appears filed and notice of this ex parte motion appears properly made. Therefore, the Court is inclined to grant the motion and dismiss this Defendant from the matter.
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.