Motion,Ex Parte: Valenzuela et al -v- McZeal et al Print

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                                TENTATIVE RULINGS FOR July                        17,   2023
Department S24            -    Judge Gilbert G. Ochoa

This court follows California Rules of Court, rule 3.1308(a) (1) for tentative rulings. (See San Bemardino
Superior Court Local Emergency Rule 8.) Tentative rulings for each law                     &
                                                                              motion will be posted on the
internet (https://www.sb-court.org)             by 3:00 p.m. on    the court   day immediately before the hearing.

If you do not have intemet access or if you experience difficulty with the posted tentative ruling, you may
                          by calling the Administrative Assistant. You may appear in person at the
obtain the tentative ruling
hearing but personal appearance is not required and remote appearance by CourtCall is preferred during
the Pandemic. (See www.sbcoun.org/general-information/remote-access)


If you wish to submit on the ruling, call the Court and your appearance is not necessafl. If both
sides d0 not appear, the tentative will simply become the ruling. If any 9am submits on the
tentative, the Court will not alter the tentative and it will become the ruling. If one parg wants to
argue, Court will hear argument but will not change the tentative. If the Court does decide to
modify tentative after argument, then a further hearing for oral argument will be reset for both
Larties to be heard at the same time bv the COILt.


UNLESS OTHERWISE NOTED, THE PREVAILING PARTY IS TO GIVE NOTICE OF
THE RULING.
                           CNSBZZW H03
MICHELLE VALENZUELA, a California citizen;                                                             F LED
 and ERNEST MICHAEL VALENZUELA III, a
                          California citizen;
                                                                                           Wflgfigfifl         I




                                                                                               SAN BERNAROINO DISTRICT
                                                                                                                                   'A




                                      v
                                                                                                       JUL         1    7 2023

                                                                                                                             '
 ADA McZEAL, a California citizen; and JULIUS                                            HY
                                                                                                               '




 MOORE, a California citizen; and DOES 1 to 10,                                                     SHE’S GOLDSTEiN, DEPUTY
                                 inclusive.


Motion:                  (1)   Compel further   responses to   Form   Interrogatories, set    one
                         (2)   Compel further   responses to Special Interrogatories, set one
                         (3)   Compel further   responses to Requests for Production of Documents
                         (4)   Compel fithher    responses to Requests for Admissions—(on for July 18, 2023)


Movant:                  Defendant Ada McZeal

Respondent:              Plaintiffs   Michelle Valenzuela


Discussion          -



                 The moving party has filed moving papers requesting a ruling from the Court re a Discovery
issue.       A Discovery Conference     Order (herein after DCO) was given in this case on 4/3/23 and all parties
were noticed with same. This lawful Order                states:


                 “Prior t0 any partyfiling any discovery motion in this action, the moving party must schedule a


telephonic 0r preferably           a video discovery conference with       all parties   and the    C0urt....          The purpose of


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the conference           is   to try   and resolve   the discovery issues without the necessity        ofa motion. At the

conference, the issues 0fthe discovery dispute will be discussed as well as possible referral ofthe case


out to Judicial Reference (JR). Timely objections to                    JR will be heard at this      time only, absent change in

circumstances.            Be prepared with appropriatefinancial documentation/declarations                       at this time. Referral


t0   JR   is   relatively rare but nonetheless,          is   a possibility   after this conference   depending on circumstances.

               The timefor bringing any discovery motion ifnecessary, will be tolled by any delay caused by the

discovery conference. Notice                 must be given       to allparties.   Propounding and responding parties        to the


discovery dispute must be at the conference electronically. All other parties not involved in the dispute


can attend or not attend the conference.                  No documents need to befiledfor the conference by either
                                                                                                           ”
side.     flzilure t0 obev this Order will result in Sgnctions for the offending Da_rt2.                        (Emphasis added)




               The lawful Court Order                              Motions cannot be filed until the DCO
                                               clearly indicates that Discovery
has been complied with. Sanctions were indicated                       if the  was not complied with.
                                                                                lawful Court Order
Here, the Moving party has filed a Discovery Motion without first setting and commencing a telephonic
or Zoom meeting to discuss the issues with the Court and other parties in an effort to avoid filing
discovery motions. This alone warrants contempt sanctions for violating the Court’s Order. No tentative
will be posted until such time as the Court is satisfied that the lawful Court Order is followed. The Court
withholds on the decision to levy sanctions pending the completion of the IDC. All discovery motions
currently set are stricken until             Movant can comply with            the Court’s lawful   DCO.


Movant to give Notice.


Dated-         JUL   1    '7
                               2023




”age
                 GILBERT G.              OCHOA




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