The Honorable Rosemary T. McGuire

Fresno County Superior Court, Department 403

Biography

The Hon. Rosemary T. McGuire is a judge on the Superior Court of Fresno County, California. She was appointed to the bench in December 2010 by former California Governor Arnold Schwarzenegger to fill a newly created seat. She was automatically re-elected after running unopposed in 2012.

Judge McGuire received her J.D. from San Joaquin College of Law in Clovis, California in 1994.

After law school, McGuire first became an associate at Eldridge, Anderson, and Weakley and then later a partner at Weakley, Ratliff, Arendt & McGuire. While in practice she focused on torts and civil litigation.

McGuire has had career experience handling civil rights litigation, police liability, child protective services liability as well as cases involving the Americans with Disability Act (ADA), and Proposition 65. She is admitted to practice in several courts in both the state and federal system including the United States Court of Appeals for the Ninth Circuit, the United States District Courts of the Eastern, Central and Northern Districts of California, and the United States Supreme Court.

McGuire has been a member of numerous legal organizations including the planning committee for the Eastern District of California District Conference, the Northern California Defense Counsel Association, the Association of Business Trial Lawyers, the Fresno County Bar Association, the Fresno County Women Lawyers and an attorney representative for the Eastern District of California for the Ninth Circuit.

She has held positions on the Board of Directors for two organizations namely the San Joaquin Chapter of the Federal Bar Association, the San Joaquin Valley Chapter of the American Board of Trial Advocates. She has been on the board of trustees for the Fresno County Law Library Board of Trustees and the Board of the Association of Business Trial Lawyers.

During her time on the bench, she has also presented at National Business Institute seminars on the subjects of family law and civil law.

Outside of court Judge McGuire enjoys spending time with her family. For hobbies she enjoys golf, traveling, and reading.

Recent Rulings by Hon. Rosemary T. McGuire

  • HUESCA V. VU, ET AL.

    Nov 16, 2020 |  Fresno County

    Motion: Defendant Vue’s Motion to Set Aside Default
    Tentative Ruling:
    To deny without prejudice.
    Explanation:
    Vu was personally served with the summons and complaint on November 10, 2018. Default was entered against Vu on January 7, 2019, after two unsuccessful prior attempts in Decembe...

  • IN RE ANDRIA HERNANDEZ

    Nov 16, 2020 |  Fresno County

    Motion: Petition to Compromise Minor’s Claim
    Tentative Ruling:
    To grant. Orders signed. Petition off calendar.
    Pursuant to California Rules of Court, rule 3.1312(a) and Code of Civil Procedure section 1019.5, subd. (a), no further written order is necessary. The minute order adopting this te...

  • YAMILET ROMO V. LARRY AUDET

    Nov 13, 2020 |  Fresno County

    Motion: Demurrer, by defendants Laton Unified School District and Jason KriKava
    Tentative Ruling:
    To grant defendants’ request for judicial notice. (Evid. Code § 452, subd (c).) To sustain the demurrer in its entirety to the first, fourth, fifth, sixth, seventh and eighth causes of action, withou...

  • ATKINS V. HENDLEY, ET AL.

    Nov 13, 2020 |  Fresno County

    Motion: Plaintiff’s Counsel’s First Amended Motion to Withdraw
    Tentative Ruling:
    To deny, without prejudice.
    Explanation:
    With court approval, an attorney may withdraw from representing a client while an action is pending, even if the client objects. (Code Civ. Proc., § 284; Cal. Rules ...

  • AGUAYO V. SPILLMAN

    Nov 12, 2020 |  Fresno County

    Motions: Petitions to compromise minors’ claims (x2)
    Tentative Ruling:
    To grant the petition to compromise the claim of Conan Aguayo. The proposed orders approving Claimant Aguayo's compromise and to deposit the money into a blocked account will be signed.
    To deny the petition to compromise ...

  • ALVAREZ V. ADVENTIST HEALTH

    Nov 12, 2020 |  Fresno County

    Motion: Plaintiff’s Motion for Approval of PAGA Settlement
    Tentative Ruling:
    To grant and approve the settlement.
    Explanation:
    Plaintiffs seek approval of the settlement of this action brought under PAGA. The operative pleading, the First Amended Complaint, asserts a single cause of act...

  • THE DIOCESE OF SAN JOAQUIN V. THE REV. JAMES SNELL ET AL.

    Nov 10, 2020 |  Fresno County

    Motion: Motion to Set Amount of Bond on Appeal
    Tentative Ruling:
    To grant and set defendants’ appellate bond at $388,000.
    Explanation:
    Code of Civil Procedure1 section 916 provides the general provision which stays all judgments pending appeal. The various specific statutory exceptions ...

  • BANKA V. BALI

    Oct 27, 2020 |  Fresno County

    Motion: By Plaintiffs for Default Judgment Against Defendants Leo
    Entertainment, Inc. and Daily Investments Group, LLC
    Tentative Ruling:
    To grant plaintiffs’ application for a default judgment against defendants Leo Entertainment, Inc. and Daily Investments Group, LLC, in the amount of $291,...

  • OCHOA VS. MAGILL, ET AL.

    Oct 27, 2020 |  Fresno County

    Motion: Petition to Compromise a Minor’s Claim
    Tentative Ruling:
    To deny without prejudice. (Cal. Rule of Court, rule 3.1384.) Petitioner must file an amended petition in conformity with this ruling, with appropriate supporting papers and proposed orders, and further obtain a new hearing date for...

  • JAMES B. WALKER FAMILY TRUST ET AL. V. BAIRD CROP INSURANCEAGENCY ET AL.

    Oct 27, 2020 |  Fresno County

    Motion: Global Ag Insurance Services, LLC’s Petition to Compel
    Arbitration
    Tentative Ruling:
    To grant and order plaintiffs to arbitrate their claims against Global Ag Insurance Services, LLC (“Global”) only, and award Global $495 in costs. This action is stayed (including as to Baird Crop In...

  • JONES V. HILLER AIRCRAFT CORPORATION

    Oct 26, 2020 |  Fresno County

    Motion: Defendant Roadtex LTL, Inc.'s application for determination
    of good faith settlement
    Tentative Ruling:
    To take off calendar. (Code Civ. Proc. §877.6(a)(2).)
    Explanation:
    A "settling party may give notice of settlement to all parties and to the court, together with an applic...

  • MITTIE V. RIDDER

    Oct 21, 2020 |  Fresno County

    Motion: By Defendant Julio Vasquez for Determination of Good Faith
    Settlement
    Tentative Ruling:
    To deny defendant Julio Vasquez’s motion for determination of good faith settlement, without prejudice. (Code Civ. Proc. § 877.6; Tech-Bilt, Inc. v. Woodward- Clyde & Associates (1985) 38 Cal.3d 4...

  • WOODS V. FRESNO VALVES & CASTINGS

    Oct 20, 2020 |  Fresno County

    Motion: by plaintiff for final approval of class action settlement, award of attorney’s fees and costs, and class incentive award.
    Tentative Ruling:
    To deny without prejudice.
    Explanation:
    1. Improper Inclusion of FLSA Claims
    The Court’s rulings on March 13, 2019 and August 12, 201...

  • KING V. HASSELL

    Oct 19, 2020 |  Fresno County

    Motion: By Plaintiff for Default Judgment
    Tentative Ruling:
    To withdraw the motion to reconsider the service by publication order. To grant the request for judicial notice. (Evid. Code, §§ 450, 452.) To grant the default judgment as to the 1542 A Street property. To deny the default judgment as t...

  • LOERA V. COMMUNITY REGIONAL MEDICAL CENTER

    Oct 19, 2020 |  Fresno County

    Motion: Petition to Compromise a Minor’s Claim
    Tentative Ruling:
    The Court is inclined to grant the Petition to Compromise a Pending Action. However, there are several problems with the proposed Order Approving Compromise. If all of the problems were corrected, the Petition would be granted and t...

  • THOMAS BARNES V. DAVID BARNES

    Oct 19, 2020 |  Fresno County

    Motion: David and Neola Barnes’s motion for leave to file a first amended complaint
    Tentative Ruling:
    To grant. David and Neola Barnes are granted 10 days leave to file the first amended complaint. The time in which the complaint can be amended will run from service by the clerk of the minute ord...

  • JONES V. HILLER AIRCRAFT CORP.

    Oct 19, 2020 |  Fresno County

    Motion: by Defendant City of Firebaugh to bifurcate
    Tentative Ruling:
    To grant.
    Explanation:
    Code of Civil Procedure section 598 states, in part: “The court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be pro...

  • HUFF V. SIERRA MEADOWS SENIOR LIVING, LLC

    Oct 15, 2020 |  Fresno County

    Motion: By Plaintiff to Compel Defendant to Provide Further
    Responses to Special Interrogatories, Set One, Numbers 52
    and 53, and for Monetary Sanctions
    Tentative Ruling:
    To grant plaintiff’s motion to compel defendant to provide further responses to special interrogatories, set one, nu...

  • MURPHY V. FCA US, LLC

    Oct 15, 2020 |  Fresno County

    Motion: By Plaintiffs for Attorney’s Fees
    Tentative Ruling:
    To grant plaintiffs’ motion for attorney’s fees, costs and expenses. (Civ. Code § 1794, subd. (d).) To reduce the amount of fees to $65,418.33, which includes a lodestar multiplier of 0.15. To grant costs in the amount of $5,179.42.

  • WELCH V. CENTRAL VALLEY CHILDREN’S SERVICES NETWORK

    Oct 14, 2020 |  Fresno County

    Motion: By Defendants in Demurrer to Complaint
    Tentative Ruling:
    To strike, sua sponte the First Amended Complaint (FAC) plaintiff filed on September 15, 2020. To deny defendant’s request to strike and not consider the opposition brief. To sustain the general demurrers to all causes of action, ex...

  • IN RE: NATHAN VANG

    Oct 13, 2020 |  Fresno County

    Date: October 15, 2020 (Dept. 502)
    Motion: Petition to compromise claim of a minor
    To grant. Hearing off calendar. Petitioner to submit properly completed orders for signature and notify department clerk upon filing.
    Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Pr...

  • WOODS V. FRESNO VALVES & CASTINGS

    Sep 30, 2020 |  Fresno County

    Motion: by plaintiff for final approval of class settlement.
    Tentative Ruling:
    To continue to October 22, 2020 at 3:30 p.m. in this department for a further declaration from the class administrator.
    Explanation:
    The declaration of the class administrator states it was executed in
    M...

  • PNC EQUIPMENT FINANCE, LLC V. HERNANDEZ

    Sep 30, 2020 |  Fresno County

    Motion: Writ of Possession
    Tentative Ruling:
    To deny without prejudice.
    Explanation:
    After filing a complaint, the plaintiff may apply for a writ of possession by filing an application under oath that identifies and describes with particularity the property sought to be seized. (Code Ci...

  • ELIASON V. PENN TREATY NETWORK AMERICA LIFE INSURANCE CO.

    Sep 30, 2020 |  Fresno County

    Motion: By Defendant Penn Treaty Network America Life Insurance
    Company to Stay Proceedings
    Tentative Ruling:
    To grant the motion to stay the entire action due to the liquidation proceedings currently pending in the Commonwealth Court of Pennsylvania.
    Explanation:
    No opposition was...

  • See More Results

Recent Rulings by Hon. Rosemary T. McGuire

  • HUESCA V. VU, ET AL.

    Nov 16, 2020 |  Fresno County

    Motion: Defendant Vue’s Motion to Set Aside Default
    Tentative Ruling:
    To deny without prejudice.
    Explanation:
    Vu was personally served with the summons and complaint on November 10, 2018. Default was entered against Vu on January 7, 2019, after two unsuccessful prior attempts in Decembe...

  • IN RE ANDRIA HERNANDEZ

    Nov 16, 2020 |  Fresno County

    Motion: Petition to Compromise Minor’s Claim
    Tentative Ruling:
    To grant. Orders signed. Petition off calendar.
    Pursuant to California Rules of Court, rule 3.1312(a) and Code of Civil Procedure section 1019.5, subd. (a), no further written order is necessary. The minute order adopting this te...

  • YAMILET ROMO V. LARRY AUDET

    Nov 13, 2020 |  Fresno County

    Motion: Demurrer, by defendants Laton Unified School District and Jason KriKava
    Tentative Ruling:
    To grant defendants’ request for judicial notice. (Evid. Code § 452, subd (c).) To sustain the demurrer in its entirety to the first, fourth, fifth, sixth, seventh and eighth causes of action, withou...

  • ATKINS V. HENDLEY, ET AL.

    Nov 13, 2020 |  Fresno County

    Motion: Plaintiff’s Counsel’s First Amended Motion to Withdraw
    Tentative Ruling:
    To deny, without prejudice.
    Explanation:
    With court approval, an attorney may withdraw from representing a client while an action is pending, even if the client objects. (Code Civ. Proc., § 284; Cal. Rules ...

  • AGUAYO V. SPILLMAN

    Nov 12, 2020 |  Fresno County

    Motions: Petitions to compromise minors’ claims (x2)
    Tentative Ruling:
    To grant the petition to compromise the claim of Conan Aguayo. The proposed orders approving Claimant Aguayo's compromise and to deposit the money into a blocked account will be signed.
    To deny the petition to compromise ...

  • ALVAREZ V. ADVENTIST HEALTH

    Nov 12, 2020 |  Fresno County

    Motion: Plaintiff’s Motion for Approval of PAGA Settlement
    Tentative Ruling:
    To grant and approve the settlement.
    Explanation:
    Plaintiffs seek approval of the settlement of this action brought under PAGA. The operative pleading, the First Amended Complaint, asserts a single cause of act...

  • THE DIOCESE OF SAN JOAQUIN V. THE REV. JAMES SNELL ET AL.

    Nov 10, 2020 |  Fresno County

    Motion: Motion to Set Amount of Bond on Appeal
    Tentative Ruling:
    To grant and set defendants’ appellate bond at $388,000.
    Explanation:
    Code of Civil Procedure1 section 916 provides the general provision which stays all judgments pending appeal. The various specific statutory exceptions ...

  • BANKA V. BALI

    Oct 27, 2020 |  Fresno County

    Motion: By Plaintiffs for Default Judgment Against Defendants Leo
    Entertainment, Inc. and Daily Investments Group, LLC
    Tentative Ruling:
    To grant plaintiffs’ application for a default judgment against defendants Leo Entertainment, Inc. and Daily Investments Group, LLC, in the amount of $291,...

  • OCHOA VS. MAGILL, ET AL.

    Oct 27, 2020 |  Fresno County

    Motion: Petition to Compromise a Minor’s Claim
    Tentative Ruling:
    To deny without prejudice. (Cal. Rule of Court, rule 3.1384.) Petitioner must file an amended petition in conformity with this ruling, with appropriate supporting papers and proposed orders, and further obtain a new hearing date for...

  • JAMES B. WALKER FAMILY TRUST ET AL. V. BAIRD CROP INSURANCEAGENCY ET AL.

    Oct 27, 2020 |  Fresno County

    Motion: Global Ag Insurance Services, LLC’s Petition to Compel
    Arbitration
    Tentative Ruling:
    To grant and order plaintiffs to arbitrate their claims against Global Ag Insurance Services, LLC (“Global”) only, and award Global $495 in costs. This action is stayed (including as to Baird Crop In...

  • JONES V. HILLER AIRCRAFT CORPORATION

    Oct 26, 2020 |  Fresno County

    Motion: Defendant Roadtex LTL, Inc.'s application for determination
    of good faith settlement
    Tentative Ruling:
    To take off calendar. (Code Civ. Proc. §877.6(a)(2).)
    Explanation:
    A "settling party may give notice of settlement to all parties and to the court, together with an applic...

  • MITTIE V. RIDDER

    Oct 21, 2020 |  Fresno County

    Motion: By Defendant Julio Vasquez for Determination of Good Faith
    Settlement
    Tentative Ruling:
    To deny defendant Julio Vasquez’s motion for determination of good faith settlement, without prejudice. (Code Civ. Proc. § 877.6; Tech-Bilt, Inc. v. Woodward- Clyde & Associates (1985) 38 Cal.3d 4...

  • WOODS V. FRESNO VALVES & CASTINGS

    Oct 20, 2020 |  Fresno County

    Motion: by plaintiff for final approval of class action settlement, award of attorney’s fees and costs, and class incentive award.
    Tentative Ruling:
    To deny without prejudice.
    Explanation:
    1. Improper Inclusion of FLSA Claims
    The Court’s rulings on March 13, 2019 and August 12, 201...

  • KING V. HASSELL

    Oct 19, 2020 |  Fresno County

    Motion: By Plaintiff for Default Judgment
    Tentative Ruling:
    To withdraw the motion to reconsider the service by publication order. To grant the request for judicial notice. (Evid. Code, §§ 450, 452.) To grant the default judgment as to the 1542 A Street property. To deny the default judgment as t...

  • LOERA V. COMMUNITY REGIONAL MEDICAL CENTER

    Oct 19, 2020 |  Fresno County

    Motion: Petition to Compromise a Minor’s Claim
    Tentative Ruling:
    The Court is inclined to grant the Petition to Compromise a Pending Action. However, there are several problems with the proposed Order Approving Compromise. If all of the problems were corrected, the Petition would be granted and t...

  • THOMAS BARNES V. DAVID BARNES

    Oct 19, 2020 |  Fresno County

    Motion: David and Neola Barnes’s motion for leave to file a first amended complaint
    Tentative Ruling:
    To grant. David and Neola Barnes are granted 10 days leave to file the first amended complaint. The time in which the complaint can be amended will run from service by the clerk of the minute ord...

  • JONES V. HILLER AIRCRAFT CORP.

    Oct 19, 2020 |  Fresno County

    Motion: by Defendant City of Firebaugh to bifurcate
    Tentative Ruling:
    To grant.
    Explanation:
    Code of Civil Procedure section 598 states, in part: “The court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be pro...

  • HUFF V. SIERRA MEADOWS SENIOR LIVING, LLC

    Oct 15, 2020 |  Fresno County

    Motion: By Plaintiff to Compel Defendant to Provide Further
    Responses to Special Interrogatories, Set One, Numbers 52
    and 53, and for Monetary Sanctions
    Tentative Ruling:
    To grant plaintiff’s motion to compel defendant to provide further responses to special interrogatories, set one, nu...

  • MURPHY V. FCA US, LLC

    Oct 15, 2020 |  Fresno County

    Motion: By Plaintiffs for Attorney’s Fees
    Tentative Ruling:
    To grant plaintiffs’ motion for attorney’s fees, costs and expenses. (Civ. Code § 1794, subd. (d).) To reduce the amount of fees to $65,418.33, which includes a lodestar multiplier of 0.15. To grant costs in the amount of $5,179.42.

  • WELCH V. CENTRAL VALLEY CHILDREN’S SERVICES NETWORK

    Oct 14, 2020 |  Fresno County

    Motion: By Defendants in Demurrer to Complaint
    Tentative Ruling:
    To strike, sua sponte the First Amended Complaint (FAC) plaintiff filed on September 15, 2020. To deny defendant’s request to strike and not consider the opposition brief. To sustain the general demurrers to all causes of action, ex...

  • IN RE: NATHAN VANG

    Oct 13, 2020 |  Fresno County

    Date: October 15, 2020 (Dept. 502)
    Motion: Petition to compromise claim of a minor
    To grant. Hearing off calendar. Petitioner to submit properly completed orders for signature and notify department clerk upon filing.
    Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Pr...

  • WOODS V. FRESNO VALVES & CASTINGS

    Sep 30, 2020 |  Fresno County

    Motion: by plaintiff for final approval of class settlement.
    Tentative Ruling:
    To continue to October 22, 2020 at 3:30 p.m. in this department for a further declaration from the class administrator.
    Explanation:
    The declaration of the class administrator states it was executed in
    M...

  • PNC EQUIPMENT FINANCE, LLC V. HERNANDEZ

    Sep 30, 2020 |  Fresno County

    Motion: Writ of Possession
    Tentative Ruling:
    To deny without prejudice.
    Explanation:
    After filing a complaint, the plaintiff may apply for a writ of possession by filing an application under oath that identifies and describes with particularity the property sought to be seized. (Code Ci...

  • ELIASON V. PENN TREATY NETWORK AMERICA LIFE INSURANCE CO.

    Sep 30, 2020 |  Fresno County

    Motion: By Defendant Penn Treaty Network America Life Insurance
    Company to Stay Proceedings
    Tentative Ruling:
    To grant the motion to stay the entire action due to the liquidation proceedings currently pending in the Commonwealth Court of Pennsylvania.
    Explanation:
    No opposition was...

  • See More Results

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