Preview
‘Ne OR-SINAL
Cogpion’ Lo
JACOB D. FLESHER ~ SBN 210565 Say OF. BT On
SIMONE M. LEIGHTY — SBN 333445 88;
FLESHER SCHAFF & SCHROEDER, INC. One AN LRG,
DINGNid
Dg
2205 Plaza Drive, Suite 225 AUG 1 Cr
Rocklin, CA 95765
Telephone: (916) 672-6558 oy. Ke
Facsimile: (916) 672-6602 WES
NOE
Attomeys for Plaintiffs
SCOTT SOUTER and AMY SOUTER Copa
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN BERNARDINO
eee
10 SCOTT SOUTER; AMY SOUTER, CASE NO. CIV SB 2123072
Complaint filed: 08/11/2021
H Plaintiffs, Trial Date: not set
12 VS.
13 CITY OF HESPERIA; SANDRA GONZALEZ- AMENDED NOTICE OF MOTION 0
RODRIGUEZ; and, DOES | through 20, inclusive,
14
Defendants. Date: October 10, 2022
15 Time: 8:30 a.m.
Dept.: S31
16
17 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
18 PLEASE TAKE NOTICE that on October 10, 2022 at 8:30 a.m.
in Department $31, located
19 at 247 West Third Street, San Bernardino, California, plaintif
fs, SCOTT SOUTER and AMY
20 SOUTER, will and hereby does move this Court for an Order compelling
defendant, CITY OF
21 HESPERIA, to serve further responses and produce documents in respons
e to Amended Special
22 Interrogatories, Set One, in compliance with the Code of Civil
Procedure.
23 This Motion is made pursuant to Code of Civil Procedure sections 2023.010, et seq.,
2030.010 et
24 seq. and 2031.010 et seq., on the grounds that the information sought by
the Amended Special
25 Interrogatories are material and relevant to the issues herein, reasona
bly calculated to lead to the
26 discovery of admissible evidence, related to discoverable and non-privileged
matters. This motion is
27 appropriate because defendant’s failure to provide further or amended respons
es is without substantial
28 justification, and plaintiffs’ efforts to resolve this matter informally have
failed. Defendant served
1
AMENDED NOTICE OF MOTION
responses to Plaintiffs’ Amended Special Interrogatories, Set
One, which are non-responsive and
unclear, Plaintiffs move for further responses that compl
y with the Code of Civil Procedure.
This Motion will be based on this Notice of Motion, the
Separate Statement, the Declaration of
Jacob D, Flesher, any and all pleadings, papers and records
on file herein, and any and all such other oral
or documentary evidence as may be presented at the hearin
g of this Motion.
Pursuant to Local Rule 561 the Court follows the tentative
ruling procedure set forth in Rule
3.1308(a)(1) of the California Rules of Court. The Court will
make its tentative tuling available by
telephone and, at the option of the court, by any other metho
d designated by the Court, by no later than
3:00 p.m. the court day before the scheduled hearing. If the Court
desires oral argument, the tentative
10 tuling must so direct. The tentative ruling may also note any issues
on which the Court wishes the parties
YW to provide further argument. A tentative Tuling on a civil law
and motion matter may be obtained by:
12 1. Telephoning the court at (909) 708-8756; or
13 2. Accessing tentative rulings on the court’s website.
14 Ifa party wishes to appear for oral argument, the notice to be
given to the Court, as required by
15 Rule 3,1308(a)(1) of the California Rules of Court, must be given
by telephone to the clerk in the
16 department to which the matter is assigned for hearing. Oral
argument must be permitted only ifa party
17 notifies all other parties and the court by 4:00 p.m. on the court day
before the hearing of the party's
18 intention to appear. A party must notify all other parties by teleph
one or in person. The Court must accept
19 notice by telephone and, at its discretion, may also designate
alternative methods by which a party may
20 notify the court of the party's intention to appear.
21 The tentative ruling will become the ruling of the Court if the Court
has not directed oral argument
22 by its tentative ruling and notice of intent to appear has not been
given.
23 Mt
24 MW
25 Mt
26 it
27 Ml
28 Mf
2
AMENDED NOTICE OF MOTION
Preview
‘Ne OR-SINAL Cogpion’ Lo JACOB D. FLESHER ~ SBN 210565 Say OF. BT On SIMONE M. LEIGHTY — SBN 333445 88; FLESHER SCHAFF & SCHROEDER, INC. One AN LRG, DINGNid Dg 2205 Plaza Drive, Suite 225 AUG 1 Cr Rocklin, CA 95765 Telephone: (916) 672-6558 oy. Ke Facsimile: (916) 672-6602 WES NOE Attomeys for Plaintiffs SCOTT SOUTER and AMY SOUTER Copa IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN BERNARDINO eee 10 SCOTT SOUTER; AMY SOUTER, CASE NO. CIV SB 2123072 Complaint filed: 08/11/2021 H Plaintiffs, Trial Date: not set 12 VS. 13 CITY OF HESPERIA; SANDRA GONZALEZ- AMENDED NOTICE OF MOTION 0 RODRIGUEZ; and, DOES | through 20, inclusive, 14 Defendants. Date: October 10, 2022 15 Time: 8:30 a.m. Dept.: S31 16 17 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 18 PLEASE TAKE NOTICE that on October 10, 2022 at 8:30 a.m. in Department $31, located 19 at 247 West Third Street, San Bernardino, California, plaintif fs, SCOTT SOUTER and AMY 20 SOUTER, will and hereby does move this Court for an Order compelling defendant, CITY OF 21 HESPERIA, to serve further responses and produce documents in respons e to Amended Special 22 Interrogatories, Set One, in compliance with the Code of Civil Procedure. 23 This Motion is made pursuant to Code of Civil Procedure sections 2023.010, et seq., 2030.010 et 24 seq. and 2031.010 et seq., on the grounds that the information sought by the Amended Special 25 Interrogatories are material and relevant to the issues herein, reasona bly calculated to lead to the 26 discovery of admissible evidence, related to discoverable and non-privileged matters. This motion is 27 appropriate because defendant’s failure to provide further or amended respons es is without substantial 28 justification, and plaintiffs’ efforts to resolve this matter informally have failed. Defendant served 1 AMENDED NOTICE OF MOTION responses to Plaintiffs’ Amended Special Interrogatories, Set One, which are non-responsive and unclear, Plaintiffs move for further responses that compl y with the Code of Civil Procedure. This Motion will be based on this Notice of Motion, the Separate Statement, the Declaration of Jacob D, Flesher, any and all pleadings, papers and records on file herein, and any and all such other oral or documentary evidence as may be presented at the hearin g of this Motion. Pursuant to Local Rule 561 the Court follows the tentative ruling procedure set forth in Rule 3.1308(a)(1) of the California Rules of Court. The Court will make its tentative tuling available by telephone and, at the option of the court, by any other metho d designated by the Court, by no later than 3:00 p.m. the court day before the scheduled hearing. If the Court desires oral argument, the tentative 10 tuling must so direct. The tentative ruling may also note any issues on which the Court wishes the parties YW to provide further argument. A tentative Tuling on a civil law and motion matter may be obtained by: 12 1. Telephoning the court at (909) 708-8756; or 13 2. Accessing tentative rulings on the court’s website. 14 Ifa party wishes to appear for oral argument, the notice to be given to the Court, as required by 15 Rule 3,1308(a)(1) of the California Rules of Court, must be given by telephone to the clerk in the 16 department to which the matter is assigned for hearing. Oral argument must be permitted only ifa party 17 notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's 18 intention to appear. A party must notify all other parties by teleph one or in person. The Court must accept 19 notice by telephone and, at its discretion, may also designate alternative methods by which a party may 20 notify the court of the party's intention to appear. 21 The tentative ruling will become the ruling of the Court if the Court has not directed oral argument 22 by its tentative ruling and notice of intent to appear has not been given. 23 Mt 24 MW 25 Mt 26 it 27 Ml 28 Mf 2 AMENDED NOTICE OF MOTION