Tentative Rulings on (1) Stephan/Tafreshi Special Motion to Strike; and (2) Kernan Demurrer/Motion to Strike
Quillar v. Tafreshi, et al., Case No. 2019-10033
October 25, 2019, 1:30 p.m., Dept. 72
1. Overview and Procedural Posture.
This is an action by a state prisoner against (1) the District Attorney, Summer Stephan ("DA Stephan"); (2) her Deputy, Brooke Tafreshi ("DDA Tafreshi"); and (3) the Director of the California Department of Corrections, Scott Kernan ("Kernan"). It arises out of separate habeas corpus proceedings (Case No. HC232205), wherein plaintiff Lee Quillar ("plaintiff") sought Prop. 36 resentencing for his 1997 conviction for arson and other crimes.
Plaintiff accuses the District Attorney's office of making "false and misleading" accusations against him in papers submitted to the court, and accuses Kernan of facilitating same by failing "to properly train, monitor, or regulate procedures during his tenure that would have ... [assured] that plaintiff was not again
Hearing Date
October 21, 2019
Category
Civil - Unlimited
For full print and download access, please subscribe at https://www.trellis.law/.
Tentative Rulings on (1) Stephan/Tafreshi Special Motion to Strike; and (2) Kernan Demurrer/Motion to Strike
Quillar v. Tafreshi, et al., Case No. 2019-10033
October 25, 2019, 1:30 p.m., Dept. 72
1. Overview and Procedural Posture.
This is an action by a state prisoner against (1) the District Attorney, Summer Stephan ("DA Stephan"); (2) her Deputy, Brooke Tafreshi ("DDA Tafreshi"); and (3) the Director of the California Department of Corrections, Scott Kernan ("Kernan"). It arises out of separate habeas corpus proceedings (Case No. HC232205), wherein plaintiff Lee Quillar ("plaintiff") sought Prop. 36 resentencing for his 1997 conviction for arson and other crimes.
Plaintiff accuses the District Attorney's office of making "false and misleading" accusations against him in papers submitted to the court, and accuses Kernan of facilitating same by failing "to properly train, monitor, or regulate procedures during his tenure that would have ... [assured] that plaintiff was not again