Bitterlich vs Home Depot

TENTATIVE RULING(S) FOR June 17, 2026 Department S37 – Judge Winston Keh This court follows California Rules of Court, rule 3.1308(b) for tentative rulings. (See San Bernardino Superior Court Local Emergency Rule 8.) Tentative rulings for each law & motion will be posted on the internet (https://www.sb-court.org) by 3:00 p.m. on the court day immediately before the hearing.

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If you do not have Internet access or if you experience difficulty with the posted tentative ruling, you may obtain the tentative ruling by calling the department (S-37) at (909) 708-8707 or the Administrative Assistant (909) 708-8756, who prepared the ruling.

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UNLESS OTHERWISE NOTED, THE PREVAILING PARTY IS TO GIVE NOTICE OF THE

RULING.

Bitterlich vs Home Depot

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TENTATIVE RULING(S):

Plaintiff’s Motion for Sanctions against Defendant Home Depot, USA Inc.

After getting no response from defense counsel regarding available dates for Home Depot’s

PMK deposition, Plaintiff set the PMK’s deposition for April 10, 2026. Two days before the set

date, Home Depot served untimely objections and stated that neither its Counsel nor PMK would

appear for the deposition. At the set deposition date and time, Defense Counsel and Home

Depot PMK failed to appear. A Certificate of Non-Appearance was taken. (Ulyshen Decl. at ¶¶5-

9, Exhs. 2-5.)

Plaintiff Bittlerlich now moves for sanctions to recover the court reporter cost and

counsel’s time to meet and confer and file this motion. Defendant Home Depot opposes. Plaintiff

Bittlerlich replies.

The Court finds the lack of response from defense counsel regarding a simple

housekeeping matter of providing mutually available dates for a deposition troubling and

unacceptable. This Motion could and should have been avoided.

Ruling

Having considered all the submitted papers from counsel, the Court GRANTS Plaintiff’s Motion

in its entirety and issues sanctions against Defendant Home Depot USA Inc. and its counsel for

record, the law firm of Ivie, McNeill, et al, jointly and severally, the amount of $3,148.35, payable

to Plaintiff’s counsel for record, payable on or before June 22, 2026.