Motion-Secondary: Laureen Thompson vs California Schools Employees Association et al.

Delage, et al. v. Wall, et al. – Case No. 2023-12309 5/16/24 – Demurrer Plaintiff/Cross-Complainant JOSHUA DELAGE filed a Demurrer to Defendant/Cross-Complainant MARK WALL’s Amended Answer on April 11, 2024. Plaintiff/Cross-Complainant DELAGE also filed a Reply on May 8, 2024. The Reply refers to an Opposition, however no Opposition was filed with the Court. It appears it may have been served, but not filed. As such, the Court continues Demurrer to July 16, 2024 at 9:00 am in Dept. 10B. Defendant/Cross-Complainant is ORDERED to file the Opposition served on Plaintiff/Cross-Complainant. No further briefing is allowed without leave of Court. Blanca A. Bañuelos Judge of the Superior Court

2016-6638 South San Joaquin Irrigation District Motion for Stay Pending Writ 3/22/2023 Defendant Pacific Gas and Electric Company (PG&E) brings a Motion For Stay of Proceedings Pending Appeal and To Vacate Trial Date. Having read the moving papers, the opposition papers, and reply papers, the Court issues the following tentative ruling: On February 3, 2023, The California Court of Appeal Third Appellate District issued an OSC on PG&E’s Petition for Writ of Mandate which seeks to vacate this Court’s ruling on PG&E’s Motion in Limine for Determination of Standard of Proof and Evidentiary Issues at Right to Take Trial. South San Joaquin Irrigation District (SSJID) filed it’s Return by Answer to Petition for Writ of Mandate on or about March 6, 2023. On or about March 17, 2023, various third parties filed an Application for Permission to File Amicus Brief. The is no firm time line as to when the Third Appellate District will act on PG&E’s Petition. “Every court has the inherent power, in furtherance of justice, to regulate the proceedings of a trial before it; to effect an orderly disposition of the issues presented; and to control the conduct of all persons in any manner connected therewith. The exercise of this power is a matter vested in the sound discretion of the trial court. . .” (Schimmel v. Levin (2011) 195 Cal.App.4th 81, 87.) This inherent power includes the Court’s power to ensure the orderly administration of justice and control its own calendar and docket. (Walker v. Superior Court (1991) 53 Cal.3d 257, 266-267.) As the parties are well aware, this is an eminent domain case involving an electricity delivery system located within the SSJID. With the Third Appellate District agreeing to hear PG&E’s Petition for Writ of Mandate, the issue concerning the standard of proof remains uncertain. The Court finds the out come on PG&E’s Writ will dictate the scope of evidence and requisite standard of proof at trial. Therefore, the outcome on PG&E’s Writ will impact the scope of discovery in this case. The Court also believes that regardless of the outcome by the Third Appellate District, it is likely the Third District’s ruling will not be the last word. With the uncertainty as to the timeline in which the Third Appellate District will rule on the Writ, the impact of the ruling on the work-up of this case, the likelihood the Supreme Court will be asked to review the Third Appellate District’s ruling, and the scarcity of judicial resources, this Court believes the interest of justice and judicial economy favor the granting of the requested Stay. With the granting of the Stay the May 28, 2024, trial date must be vacated. The request to Stay the Superior Court proceedings and vacate the May 28, 2024, trial date is GRANTED. PG&E is to prepare an order for signature. This matter is set for a further status conference regarding status of the Stay for September 20, 2023, 8:30 a.m. If any party request a hearing on this tentative they may appear remotely via the Dept. 11B Dedicated Bridge Line. To attend the hearing remotely dial (209) 992-5590 and follow the prompts entering Bridge No. 6941 and Pin No. 5554. Thank you. WATERS 3/22/2023 Directions for Contesting or Arguing the Tentative Ruling: Tentative rulings for Law and Motion will be posted electronically by 1:30 p.m. the day before the hearing. Any party wishing to contest or argue the tentative ruling must email the court at civilcourtclerks@sjcourts.org. that they intend to appear remotely no later than 4:00 PM on the day before the scheduled hearing. The Department, Case number, Case Name, and party’s name must be in the header of the email. The email must include the Department, Case number, Case Name, Motion, party’s name and email, date and time of the hearing, issues they plan to argue, and that they have informed the opposing party. The party must also notify affected counsel, or unrepresented parties, that they intend to appear, no later than 4:00 PM on the day before the scheduled hearing. Unless the Court and opposing counsel have been notified, the tentative ruling shall become the ruling of the Court without oral argument. As of July 6, 2021, attorneys may appear either in person or remotely at the law and motion hearing. To conduct a remote appearance, follow the instructions below. There is a dedicated conference bridge lines for Dept. 11B. Call into dedicated conference bridge line at the time set for the hearing. To attend the remote hearing in Dept. 11B: Call into (209) 992-5590, then follow the prompts and use the Bridge # 6941 and Pin # 5564. The courtroom clerk will make announcements and the Judge will call the calendar. Please mute your phones when you are not speaking, and remember to unmute your phone when you are speaking. At this time, we are not able to provide information over the phone. To communicate with the Courtroom Clerk of Dept. 11B, please email questions to civilcourtclerks@sjcourts.org, indicating in the title of the email the Department, Case number, Case Name, and party’s name. A Courtroom Clerk will return your email. To ensure the Court has your most recent contact information, if you have not already done so, please register your email address and mobile number on the Court’s website under Online Services, Attorney Registration. (You do not have to be an attorney to register.) We thank you for your cooperation, assistance, patience and flexibility.

TENTATIVE RULING NOTICE Tentative rulings for Law and Motion will be posted electronically by 1:30 p.m. the day before the hearing. Any party wishing to contest or argue the tentative ruling must email the court at civilcourtclerks@sjcourts.org. that they intend to appear remotely no later than 4:00 PM on the day before the scheduled hearing. The Department and Case Number must be in the header of the email. The email must include the Department, Case number, Case Name, Motion, party’s name and email, date and time of the hearing, issues they plan to argue, and that they have informed the opposing party. The party must also notify affected counsel, or unrepresented parties, that they intend to appear, no later than 4:00 PM on the day before the scheduled hearing. Unless the Court and opposing counsel have been notified, the tentative ruling shall become the ruling of the Court without oral argument. To attend the remote hearing with Judge Kronlund in Dept. 10-D: Call into (209) 992-5590, then follow the prompts and use the Bridge # and Pin # as follows: Bridge # 6940 Pin # 3782 Tentative Ruling Plaintiff's motion for order deeming RFA's admitted is Granted. CCP Sections 2033.280, 2023.010. No opposition filed. Court will sign the proposed Order submitted with this motion. Barbara A. Kronlund

The court having read and considered Plaintiffs' Motion to Strike Defendant Convair Group, LLC's Answer rules as follows. Plaintiff seeks an order striking Defendant's Answer filed April 20, 2021 asserting that Defendant is an entity which cannotlawfully represent itself citing case law governing corporations. However, Defendant's Answer was filed by attorneys for Defendant and no owners, officers nor directors or any individual has attempted to make an appearance for Defendant LLC. The court finds no grounds to strike Defendant's Answer. Plaintiffs' Motion is DENIED. Hon. George J. Abdallah, Jr. Judge of the Superior Court

Please use Case Management Search for Tentative Ruling(s).

The court is informed Defendant filed supporting documents July 9, 2024 and has failed to provide a proof of service of such documents on Plaintiff's counsel. Therefore, further hearing on Defendants' Motion to Set Aside Default is continued to August 6, 2024 at 9:00am in Department 10A to allow Defendants an opportunity to provide proof of service so the court may consider any recently filed documents without violating canons regarding ex parte communications. Hon. George J. Abdallah, Jr. Judge of the Superior Court

Tentative rulings for Law and Motion will be posted electronically by 1:30 p.m. the day before the hearing. Any party wishing to contest or argue the tentative ruling must email the court at civilcourtclerks@sjcourts.org. that they intend to appear in person or remotely no later than 4:00 PM on the day before the scheduled hearing. The Department and Case Number must be in the header of the email. The email must include the Department, Case number, Case Name, Motion, party’s name and email, date and time of the hearing, issues they plan to argue, and that they have informed the opposing party. The party must also notify affected counsel, or unrepresented parties, that they intend to appear, no later than 4:00 PM on the day before the scheduled hearing. Unless the Court and opposing counsel have been notified, the tentative ruling shall become the ruling of the Court without oral argument. To attend the hearing remotely in Dept. 10-D: Call into (209) 992-5590, then follow the prompts and use the Bridge # and Pin # as follows Bridge # 6940 Pin # 3782 TENTATIVE RULING - On its own motion, the Court continues the Demurrer and Case Management Conference to September 26, 2024 at 9:00 A.M. in Department 10D. The Court will post a Tentative Ruling pursuant to the Court's Tentative Ruling procedure as set forth in the Local Rules. No oral argument will be allowed as to this continuance. Barbara A. Kronlund

Tentative rulings for Law and Motion will be posted electronically by 1:30 p.m. the day before the hearing. Any party wishing to contest or argue the tentative ruling must email the court at civilcourtclerks@sjcourts.org. that they intend to appear in person or remotely no later than 4:00 PM on the day before the scheduled hearing. The Department and Case Number must be in the header of the email. The email must include the Department, Case number, Case Name, Motion, party’s name and email, date and time of the hearing, issues they plan to argue, and that they have informed the opposing party. The party must also notify affected counsel, or unrepresented parties, that they intend to appear, no later than 4:00 PM on the day before the scheduled hearing. Unless the Court and opposing counsel have been notified, the tentative ruling shall become the ruling of the Court without oral argument. To attend the hearing remotely in Dept. 10-D: Call into (209) 992-5590, then follow the prompts and use the Bridge # and Pin # as follows Bridge # 6940 Pin # 3782 TENTATIVE RULING - On its own motion, the Court continues the Demurrer to October 10, 2024 at 9:00 A.M. in Department 10D. The Court will post a Tentative Ruling pursuant to the Court's Tentative Ruling procedure as set forth in the Local Rules. No oral argument will be allowed as to this continuance. Barbara A. Kronlund