Motion,Ex Parte: ALBISO VS. STUCK

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SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF YOLO
CIVIL LAW AND MOTION MINUTE ORDER

HON: HONORABLE SAMUEL T. MCADAM
CASE NO: CV-2019-630 :

nite W
LE: ALBISO VS. STUCK

PROCEEDINGS: *MOTION: 22#'s TAA A> Cerf

CLERK:
APPEARANCES

1OPlaintiff Present ktanct-o, Alotso
_ _Osit
DOW By Attys: cekdhachren At; Kmon'y
ener fi lor FONO” ” I
3ODefendant Present MNakthovs Stuck _
Osit
ee St

  
     
  

SCHEDULED APPEARA

 
 

(motored Bek)

a * OUN
>
SISMISSANG

* DATE: 12/18/2020
TIME: 9:00 AM

ah AUS he Ansar Nepe .
REPORTER: Chyestiorcs

pate entative ruling adopted; see attached

WARRANT ORDERS

1 1 Debtor failed to appear; Warrant of Body
Attachment ordered; Bait set $.

2 O Stay issuance of warrant until next hearing,

creditor to send warning letter to debtor

30 ‘ant of body attachment recalle

Con cee loa BOON,

 

 

1 ODate, Time. 4 0 Case ordered dismissed
For. Dept, Owith Owithout prejudice
2 ODate: Time. 2 C1 Case ordered dismissed for lack of
For, Dept, prosecution (DLP)
3 Gury OCourt Trial + OTime Est. 3 O Party dismissed (PDS)
Date. Time. Dept,
4 Settlement Conference
Date. Time: Dept, RULINGS
§ OTrial Readiness Conference 1 0 Court ordered temporary orders remain in
Date, Time. Dept, effect pending further hearing

40 Continued by Court's Motion (CTC)
5 O Continuance requested by party(s) (CPM)
By:

2 C Court granted restraining order effective
until . Defendant ordered to stay
yards away from plaintiff.

 

6a Notice waived

MOTION/ORDERS .
1 0 Cause ordered off calendar {
Drequest of Dino pis filed '

3 O Default ordered
411 Proceed by offer of proof
5 O Stipulation reached
6 C1 Submitted on the pleadings
with argument Qwithout argument
7 O Taken under submission (USD)
8 0 Motion/Petn/App
Dgranted (MOTG) Cdenied (MOTD) |
100 Claim of exempt DENIED, $$ released to +
creditor
110 Claim of exempt GRANTED, $$ released to
debtor
120 Debtor sworn and released
46 Settlement conference held; case settled
(SCL)

170, Trial confirmed; no settlement reached
oa Tentative ruling posted (TD)

other NG adels ton

|TENTATIVE RULING

 

Case: Albiso v. Stuck et al.
Case No. CV 2019-630
Hearing Date: December 18, 2020 | Department Ten 9:00 a.m.

Defendant Matthew James Stuck’s motion to compel plaintiff Juanita Luisa Albiso to answer
deposition questions is GRANTED IN PART. (Code Civ. Proc., §§ 2025.460, subd. (e),
2025.480, subd. (a), 2025.610, subd. (b).) Defendant can take a subsequent deposition of
plaintiff to ask questions about liability and damages issues involved in the case but, shall not
ask any questions concerning plaintiff's or Ms. Lomeli’s felonies. Plaintiff answered the
questions concerning why she was incarcerated. She also answered the questions concerning
why Ms. Lomeli was incarcerated. (Plaintiff's deposition pp. 18: 2-19:5, 72:23.)

Defendant’s request for sanctions is DENIED. (Code Civ. Proc., § 2023.040.) The notice of
motion and the memorandum fail to identify every person, party, and attorney against whom the
sanction is sought, and specify the type of sanction sought.

Defendants request for a discovery referee is DENIED. (Code Civ. Proc., § 639; Cal. Rules of
Court, rules, 3.920(c), 3.921, 3.922.) There are no exceptional circumstances in this case that
requires the appointment of a discovery referee.

Ifno hearing is requested, this tentative ruling is effective immediately. No formal order
pursuant to California Rule of Court 3.1312, or further notice is required.

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