Related Content
in Orange County
Ruling
Ramirez, Hilario Castaneda et al vs. Greene, Daniel C. et al
Aug 05, 2024 |
S-CV-0052510
S-CV-0052510 Ramirez, Hilario Castaneda vs. Greene, Daniel C. et al
No appearance required. CMC is continued to 10/28/24 at 2pm in Dept. 6.
Complaint is not at issue - Need responsive pleading, default or dismissal as to
Defendant(s): Greene, Daniel C.; Greene, Suzanne R.
Additionally, no proof of service has been filed as to Defendant(s): Greene,
Daniel C.; Greene, Suzanne R.
Ruling
LAM vs ROHR, INC.
Jul 24, 2024 |
CVRI2305206
DEMURRER TO SECOND
CVRI2305206 LAM VS ROHR, INC.
AMENDED COMPLAINT
Tentative Ruling: Overrule as to causes of action one through five. Sustain as to the sixth cause
of action without leave to amend. Sustain as to the seventh cause of action with 20 days’ leave
to amend.
Ruling
WHITTAKER vs SUTTER HEALTH, et al.
Jul 25, 2024 |
Civil Unlimited (Other Personal Injury/Propert...) |
22CV012148
22CV012148: WHITTAKER vs SUTTER HEALTH, et al.
07/25/2024 Hearing on Motion for Terminating Sanctions filed by Sutter Health
(Defendant) + in Department 15
Tentative Ruling - 07/22/2024 Peter Borkon
The Motion re: DEFENDANTS NOTICE AND MOTION FOR TERMINATING SANCTIONS
OR EVIDENCE SANCTIONS AND MONETARY SANCTIONS filed by Sutter Bay Hospitals,
Sutter Health on 05/29/2024 is Granted in Part.
The Motion by Defendant Sutter Bay Hospitals dba Alta Bates Summit Medical Center
(“Sutter”) for Terminating Sanctions or Evidence Sanctions and Monetary Sanctions is
GRANTED, IN PART, as follows.
Sutter’s request for terminating sanctions is DENIED.
Sutter’s request for evidentiary sanctions is DENIED.
Sutter’s request for monetary sanctions is GRANTED. Monetary sanctions are warranted
because Plaintiff did not serve discovery responses in (partial) compliance with the Court’s
orders issued March 19, 2024 until after this motion was filed, and even to this date Plaintiff has
not fully complied with those orders. Sutter is awarded monetary sanctions of $2,692 against
Plaintiff and his attorney, jointly and severally.
In addition, by no later than August 9, 2024, Plaintiff shall serve a further verified substantive
response to Form Interrogatory No. 6.7. Plaintiff’s response served on July 12, 2024 (see Exhibit
J to Sutter’s reply papers) remains nonresponsive.
By no later than August 9, 2024, Plaintiff shall serve a verification to his responses to Sutter’s
First Set of Requests for Production. If Sutter is dissatisfied with the responses that Plaintiff
served on July 12, 2024 (Exhibit I to Sutter’s reply papers), Sutter is free to file a motion to
compel further responses.
Finally, in its reply papers, Sutter complains that Plaintiff’s responses to Requests for
Admissions Set One and Form Interrogatories Set Two are inadequate. Those discovery
responses were not mentioned in Sutter’s moving papers and are therefore not a basis to grant
this motion. Again, if Sutter is dissatisfied with Plaintiff’s responses to Requests for Admissions
Set One and Form Interrogatories Set Two, Sutter can file a motion to compel further responses.
Ruling
MACKENZIE WOO VS. UNIVERSITY OF SAN FRANCISCO ET AL
Jul 26, 2024 |
CGC23605270
Matter on the Discovery Calendar for Friday, Jul-26-2024, Line 5, DEFENDANT UNIVERSITY OF SAN FRANCISCO'S Motion For Leave To Take Subsequent Deposition Of Plaintiff Mackenzie Woo (Code Civ. Proc. 2025.610(B)). Pro Tem Judge Aaron Minnis, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation may be signed via fax or consent to sign given by email. If not all parties to the motion sign the stipulation, the Pro Tem Judge will hold a hearing on the motion and, based on the papers submitted by the parties and the hearing, issue a report in the nature of a recommendation to the Dept. 302 Judge, who will then decide the motion. If a party does not appear at the hearing, the party will be deemed to have stipulated that the motion will be decided by the Pro Tem Judge with the same authority as a Superior Court Judge. The Pro Tem Judge has issued the following tentative ruling: Granted. Within 10 days Plaintiff shall appear for deposition at a mutually convenient date and time to testify regarding the previously redacted information in the SFGH records. For the 9:00 a.m. Discovery calendar, all attorneys and parties are required to appear remotely. Hearings will be conducted by videoconference using Zoom. To appear at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link (DISCOVERY, DEPARTMENT 302 DAILY AT 9:00 A.M.), or dial the corresponding number and use the meeting ID, and password for Discovery Department 302. Any party who contests a tentative ruling must send an email to aaron@minnisandsmallets.com with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. If the tentative ruling is not contested, the parties are deemed to have stipulated to the Pro Tem hearing the motion and the Pro Tem will sign an order confirming the tentative ruling. The prevailing party is required to prepare a proposed order repeating verbatim the substantive portion of the tentative ruling and must e-mail it to the Judge Pro Tem. The court no longer provides a court reporter in the Discovery Department. Parties may retain their own reporter, who may appear remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/JPT)
Ruling
AARON PATZAN VS CLUDO K. GEORGIADIS
Jul 26, 2024 |
22STCV25879
Case Number:
22STCV25879
Hearing Date:
July 26, 2024
Dept:
32
PLEASE NOTE
:
Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.
If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at
sscdept32@lacourt.org
indicating that partys intention to submit.
The email shall include the case number, date and time of the hearing, counsels contact information (if applicable), and the identity of the party submitting on this tentative ruling.
If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.
If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely.
Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court
.
TENTATIVE RULING
DEPT
:
32
HEARING DATE
:
July 26, 2024
CASE NUMBER
:
22STCV25879
MOTIONS
:
Motion to Compel Plaintiff to Appear for a Physical Examination
MOVING PARTY:
Defendant Cludo K. Georgiadis
OPPOSING PARTY:
Plaintiff Aaron Patzan
BACKGROUND
This case involves alleged injuries from a fall.
Defendant Cludo K. Georgiadis (Defendant) now moves to compel Plaintiff Aaron Patzans (Plaintiff) appearance at a physical examination. Defendant also seeks monetary sanctions. Plaintiff opposes.
LEGAL STANDARD
In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied: (1) The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive. (2) The examination is conducted at a location within 75 miles of the residence of the examinee. (Code Civ. Proc., § 2032.220, subd. (a).)¿¿
Code of Civil Procedure section 2032.410 provides: If a party is required to submit to a physical or mental examination under Articles 2 (commencing with Section 2032.210) or 3 (commencing with Section 2032.310), or under Section 2016.030, but fails to do so, the court, on motion of the party entitled to the examination, may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010). In lieu of or in addition to that sanction, the court may, on motion of the party, impose a monetary sanction under Chapter 7 (commencing with Section 2023.010).
DISCUSSION
Defendant brings this motion solely under Code of Civil Procedure section 2032.410, which provides the authority to impose sanctions, but not to compel an appearance. Code of Civil Procedure § 2032.250, which does provide that a defendant may move for an order compelling compliance, also requires that the motion be accompanied by a meet and confer declaration. No meet and confer efforts are described in the declaration attached to the motion. Accordingly, the motion is denied.
The Court finds that the imposition of sanctions as to either party would be unjust and declines to award monetary sanctions.
CONCLUSION AND ORDER
Accordingly,
Defendants motion to compel Plaintiffs physical examination is denied.
Defendant shall provide notice of the Courts order and file a proof of service of such.
Ruling
Dent vs. Dent
Jul 23, 2024 |
22EA-0200030
DENT VS. DENT
Case Number: 22EA-0200030
This matter is trailing the Dent Trust matter. (Case No. CVPV21-0031299). That matter is being
continued to September 30, 2024. Based on the foregoing, this matter is likewise continued to Monday,
September 30, 2024, at 2:30 p.m. in Department 44 to trail the trust matter. No appearance is
necessary on today’s calendar.
Ruling
Renee Sanchez vs Felipe Rodriguez, et al.
Jul 23, 2024 |
20CV-00156
20CV-00156 Renee Sanchez v. Felipe Rodriguez, et al.
Order to Show Cause re: Dismissal-Notice of Settlement
Appearance required. Remote appearances are permitted. Parties who wish to appear
remotely must contact the clerk of the court at (209) 725-4111 to arrange for a remote
appearance. Appear to address the status of the settlement.