Case Number: CGC14538560
Case Title: PHILLIP GARCIA VS. CARRIE WILSON, IN HER CAPACITCY AS TRUSTEE OF THE et al
Court Date: MAR-16-2017 09:00 AM
Calendar Matter: Plaintiff’S Amended Notice Of Motion To Compel Responses To Discovery And Requests For Monetary And Nonmonetary Sanctions
Rulings: SET FOR HEARING ON THURSDAY MARCH 16 2017, LINE 1, PLAINTIFF PHILLIP GARCIA’S Motion To Compel Responses To Discovery And Requests For Monetary And Nonmonetary Sanctions Pro Tem Judge Douglas Robbins, 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: Parties are ordered to appear. Parties shall be prepared to argue the following issues: 1.What non-hearsay proof is in evidence of Ms. Wilson’s incapacity to testify at deposition? 2.Does the Court have jurisdiction in this case to hear a discovery motion absent movant’s separate statement? 3.Have verified discovery responses subject to this motion been timely served? 4.Absent violation of a prior order what authority does the court have to impose issue, evidence, or terminating sanctions in this matter? 5.Have Judge Quidachay’s Orders of February 8 and 9, 2017 been violated sufficient to authorize the imposition of issue, evidence or terminating sanctions? Any party who contests a tentative ruling must send an email to drobbins@woodrobbins.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 bring the proposed order to the hearing even if the motion is not opposed or the tentative ruling is not contested.=302/JPT.