On December 04, 2019 a
Motion,Ex Parte
was filed
involving a dispute between
Diaz, Alvin,
and
Clark Pest Control, Inc.,
for 15-CV Other Employment - Civil Unlimited
in the District Court of Kern County.
Preview
Superior Court of California
County of Kern
Bakersfield Department 17
Date: 03/16/2021 Time: 8:30 AM - 12:00 PM
BCV-19-103386
DIAZ VS CLARK PEST CONTROL, INC., A CALIFORNIA CORPORATION
Courtroom Staff
Honorable: Thomas S. Clark Clerk: Linda K. Hall
Court reporter: . None Bailiff: Deputy Sheriff
Interpreter: Language of:
Court Call
NATURE OF PROCEEDINGS: MOTION TO COMPEL
Hearing Start Time: 8:30 AM
The above entitled cause came on regularly on this date and time with parties and/or counsel appearing as
reflected.
No appearance by Plaintiff - Alvin Diaz.
Counsel Judge H. Juang appeared via court call on behalf of Defendant.
No opposition filed.
Defendant's Motion to Compel Answers to Form Interrogatories - Under submission.
************************************************
Defendant's Motion to Compel Responses to Defendant's Request for Production of Documents - Denied Without
Prejudice.
Plaintiff's counsel is denied. Each of the 76 document requests were responded to with objections only as well as a
statement that amended/supplemental responses would be provided as necessary. Such amended responses were
subsequently not provided, apparently because Plaintiff's counsel lost touch with Plaintiff, counsel was then
relieved from representation and Plaintiff is now in pro per. The fact that amended responses were discussed but
not provided does not negate Defendant's obligation to provide a moving separate statement addressing the merit
or lack thereof of the individual objections made to each request and justifying the propriety of a further response
despite the individual objections as required by California Rules of court, rule 3.1345. An objection is a valid
response (see CCP section 2031.210) and an objection need not be verified. Moving Defendant was required to
provide a separate statement in support of a motion seeking any further response, which Defendant failed to do.
MINUTES
Page 1 of 4
DIAZ VS CLARK PEST CONTROL, INC., A CALIFORNIA CORPORATION BCV-19-103386
The motion is denied without prejudice to Defendant being allowed to propound additional discovery as necessary
and appropriate.
Moving Defendant is directed to prepare an order for the court's signature and to serve a copy of the signed order
on the pro per Plaintiff.
******************************************************************
Defendant's Motion to Compel Deposition of Plaintiff Alvin Diaz and Production of Documents and Request for
Monetary Sanctions - Granted.
Motion re. Plaintiff's Deposition and Requests for Production
With respect to Defendant Clark Pest Control, Inc.'s unopposed motion to compel Plaintiff to sit for deposition and
to produce documents at such deposition, since the moving papers were filed Plaintiff has apparently moved to
New York state as shown by Plaintiff's former counsel's motion to be relieved from representation. While the
moving papers do not address this geographical situation, the moving papers show that Defendant seeks to
depose Plaintiff via remote audio-video means and not via personal attendance. CCP section 2025.310 allows for
such remote deposition. Accordingly, the motion to compel Plaintiff to sit for deposition and to produce
documents is granted, subject to Defendant issuing and serving upon Plaintiff a proper code compliant notice for a
deposition date and time certain that includes the remote log-in information.
The court awards reduced monetary sanctions in the amount of $660 as reasonable for this motion, comprised of
2.0 hours at $300 per hour plus a $60 filing fee against Plaintiff only, not against Plaintiff's former counsel.
Sanctions are to be paid by 04/29/2021. Moving Defendant is directed to prepare an order for the court's
signature and to serve a copy of this court's signed order on the pro per Plaintiff.
Plaintiff Alvin Diaz is ordered to pay Monetary Sanctions to Defense counsel by 04/29/2021.
Case management conference set for 04/05/2021 is reset and will now be heard on
06/04/2021, at 8:15 a.m., in Department 17.
Counsel for Defendant to prepare order for signature pursuant to CRC 3.1312. In the meantime, the clerk's
minutes will be the order of the court.
Copy of clerk's minutes emailed and/or mailed to all parties as stated on the attached declaration.
Minute order notice.
FUTURE HEARINGS:
June 04, 2021 8:15 AM Case Management Conference
Clark, Thomas S.
Bakersfield Department 17
Sheriff, Deputy
MINUTES FINALIZED BY: LINDA HALL ON: MARCH 16, 2021
MINUTES
Page 2 of 4
DIAZ VS CLARK PEST CONTROL, INC., A CALIFORNIA CORPORATION BCV-19-103386
DIAZ VS CLARK PEST CONTROL, INC., A CALIFORNIA CORPORATION
BCV-19-103386
CERTIFICATE OF MAILING AND/OR EMAIL********************
The undersigned, of said Kern County, certify: That I am a Deputy Clerk of the Superior Court of the State of California,
in and for the County of Kern, that I am a citizen of the United States, over 18 years of age, I reside in or am employed in
the County of Kern, and not a party to the within action, that I served the Minutes dated March 16, 2021 attached hereto
on all interested parties and any respective counsel of record in the within action by depositing true copies thereof,
enclosed in a sealed envelope(s) with postage fully prepaid and placed for collection and mailing on this date, following
standard Court practices, in the United States mail at Bakersfield California addressed as indicated on the attached
mailing list.
Date of Mailing: March 16, 2021
Place of Mailing: Bakersfield, CA
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Tamarah Harber-Pickens
CLERK OF THE SUPERIOR COURT
Date: March 16, 2021
By: Linda Hall
Linda Hall, Deputy Clerk
Signed: 3/16/2021 10:24 AM
Certificate of Mailing
Page 3 of 4
DIAZ VS CLARK PEST CONTROL, INC., A CALIFORNIA CORPORATION
BCV-19-103386
MAILING LIST
ALVIN DIAZ JUDY H JUANG
66 SAINT PETERS DRIVE OGLETREE DEAKINS NASH SMOAK & STEWART
BRENTWOOD NY 11717 PC
US MAIL 19191 S VERMONT AVENUE SUITE 950
TORRANCE CA 90502
judy.juang@ogletree.com
Certificate of Mailing
Page 4 of 4
Document Filed Date
March 16, 2021
Case Filing Date
December 04, 2019
Category
15-CV Other Employment - Civil Unlimited
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Superior Court of California County of Kern Bakersfield Department 17 Date: 03/16/2021 Time: 8:30 AM - 12:00 PM BCV-19-103386 DIAZ VS CLARK PEST CONTROL, INC., A CALIFORNIA CORPORATION Courtroom Staff Honorable: Thomas S. Clark Clerk: Linda K. Hall Court reporter: . None Bailiff: Deputy Sheriff Interpreter: Language of: Court Call NATURE OF PROCEEDINGS: MOTION TO COMPEL Hearing Start Time: 8:30 AM The above entitled cause came on regularly on this date and time with parties and/or counsel appearing as reflected. No appearance by Plaintiff - Alvin Diaz. Counsel Judge H. Juang appeared via court call on behalf of Defendant. No opposition filed. Defendant's Motion to Compel Answers to Form Interrogatories - Under submission. ************************************************ Defendant's Motion to Compel Responses to Defendant's Request for Production of Documents - Denied Without Prejudice. Plaintiff's counsel is denied. Each of the 76 document requests were responded to with objections only as well as a statement that amended/supplemental responses would be provided as necessary. Such amended responses were subsequently not provided, apparently because Plaintiff's counsel lost touch with Plaintiff, counsel was then relieved from representation and Plaintiff is now in pro per. The fact that amended responses were discussed but not provided does not negate Defendant's obligation to provide a moving separate statement addressing the merit or lack thereof of the individual objections made to each request and justifying the propriety of a further response despite the individual objections as required by California Rules of court, rule 3.1345. An objection is a valid response (see CCP section 2031.210) and an objection need not be verified. Moving Defendant was required to provide a separate statement in support of a motion seeking any further response, which Defendant failed to do. MINUTES Page 1 of 4 DIAZ VS CLARK PEST CONTROL, INC., A CALIFORNIA CORPORATION BCV-19-103386 The motion is denied without prejudice to Defendant being allowed to propound additional discovery as necessary and appropriate. Moving Defendant is directed to prepare an order for the court's signature and to serve a copy of the signed order on the pro per Plaintiff. ****************************************************************** Defendant's Motion to Compel Deposition of Plaintiff Alvin Diaz and Production of Documents and Request for Monetary Sanctions - Granted. Motion re. Plaintiff's Deposition and Requests for Production With respect to Defendant Clark Pest Control, Inc.'s unopposed motion to compel Plaintiff to sit for deposition and to produce documents at such deposition, since the moving papers were filed Plaintiff has apparently moved to New York state as shown by Plaintiff's former counsel's motion to be relieved from representation. While the moving papers do not address this geographical situation, the moving papers show that Defendant seeks to depose Plaintiff via remote audio-video means and not via personal attendance. CCP section 2025.310 allows for such remote deposition. Accordingly, the motion to compel Plaintiff to sit for deposition and to produce documents is granted, subject to Defendant issuing and serving upon Plaintiff a proper code compliant notice for a deposition date and time certain that includes the remote log-in information. The court awards reduced monetary sanctions in the amount of $660 as reasonable for this motion, comprised of 2.0 hours at $300 per hour plus a $60 filing fee against Plaintiff only, not against Plaintiff's former counsel. Sanctions are to be paid by 04/29/2021. Moving Defendant is directed to prepare an order for the court's signature and to serve a copy of this court's signed order on the pro per Plaintiff. Plaintiff Alvin Diaz is ordered to pay Monetary Sanctions to Defense counsel by 04/29/2021. Case management conference set for 04/05/2021 is reset and will now be heard on 06/04/2021, at 8:15 a.m., in Department 17. Counsel for Defendant to prepare order for signature pursuant to CRC 3.1312. In the meantime, the clerk's minutes will be the order of the court. Copy of clerk's minutes emailed and/or mailed to all parties as stated on the attached declaration. Minute order notice. FUTURE HEARINGS: June 04, 2021 8:15 AM Case Management Conference Clark, Thomas S. Bakersfield Department 17 Sheriff, Deputy MINUTES FINALIZED BY: LINDA HALL ON: MARCH 16, 2021 MINUTES Page 2 of 4 DIAZ VS CLARK PEST CONTROL, INC., A CALIFORNIA CORPORATION BCV-19-103386 DIAZ VS CLARK PEST CONTROL, INC., A CALIFORNIA CORPORATION BCV-19-103386 CERTIFICATE OF MAILING AND/OR EMAIL******************** The undersigned, of said Kern County, certify: That I am a Deputy Clerk of the Superior Court of the State of California, in and for the County of Kern, that I am a citizen of the United States, over 18 years of age, I reside in or am employed in the County of Kern, and not a party to the within action, that I served the Minutes dated March 16, 2021 attached hereto on all interested parties and any respective counsel of record in the within action by depositing true copies thereof, enclosed in a sealed envelope(s) with postage fully prepaid and placed for collection and mailing on this date, following standard Court practices, in the United States mail at Bakersfield California addressed as indicated on the attached mailing list. Date of Mailing: March 16, 2021 Place of Mailing: Bakersfield, CA I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Tamarah Harber-Pickens CLERK OF THE SUPERIOR COURT Date: March 16, 2021 By: Linda Hall Linda Hall, Deputy Clerk Signed: 3/16/2021 10:24 AM Certificate of Mailing Page 3 of 4 DIAZ VS CLARK PEST CONTROL, INC., A CALIFORNIA CORPORATION BCV-19-103386 MAILING LIST ALVIN DIAZ JUDY H JUANG 66 SAINT PETERS DRIVE OGLETREE DEAKINS NASH SMOAK & STEWART BRENTWOOD NY 11717 PC US MAIL 19191 S VERMONT AVENUE SUITE 950 TORRANCE CA 90502 judy.juang@ogletree.com Certificate of Mailing Page 4 of 4