Motion to be relieved as counsel
Plaintiffs’ responses do not comply with Section 2031.230. As such, all of the responses must be amended to comply with the Discovery Act.
Furthermore, Plaintiffs are reminded that they have an affirmative obligation to conduct a “diligent search and a reasonable inquiry” when responding to document requests. Many of the requests seek documents that would either be in each Plaintiff’s possession, never have existed, or have been destroyed. For example, Request No. 25 asks for “Any and all handwritten or electronic notes YOU made regarding the allegations in the COMPLAINT.” Request No. 27 asks for “All correspondence, exchanged between YOU (or anyone acting on YOUR behalf) and any District Attorney Office regarding the subject incident(s).”
It is disingenuous for Plaintiffs to assert that they need to investigate matters further before they can respond to these (and similar) requests. As to many of the document requests, Plaintiffs should know today whether responsive documents exist or existed and must respond to this request. To the extent non-privileged documents exist, they must be produced.
Based on the foregoing, the Motion is GRANTED as to Requests for Production of Documents Nos. 1-37.
4. Sanctions
“The court shall impose a monetary sanction . . . against any party . . . who unsuccessfully . . . opposes a motion to compel a further response to [interrogatories or demands for production], unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (§§ 2033.290, subd. (d), 2030.300, subd. (d), 2031.310, subd. (h).)
The Court finds neither that Plaintiffs acted with substantial justification nor that other circumstances make imposition of sanctions unjust. The Court finds that the hourly rate charged by counsel is reasonable. (See MacLeod Decl. at ¶ 20.) The Court further finds that the approximately 15 hours spent is a reasonable number of billable hours for preparation of the motion. (Id. at 19.)
Based on the foregoing, Defendant’s request for sanctions as against Plaintiffs’ counsel is GRANTED. Plaintiffs’ counsel is ordered to pay to the District, care of its attorney of record, within 10 calendar days of notice of entry of this order, sanctions in the amount of $2,937.50 (the amount sought in the Motion itself).
Hector Zamora Ornelas v. D.R. Horton, Inc. 25CV002388
MOTION TO BE RELIEVED AS COUNSEL
APPEARANCE REQUIRED: Counsel asserts that “Plaintiff is deceased . . . [and] . . . [k]nown family members have been made aware of the claim, but no heir or personal representative has been located or stepped forward.” (Notice of Motion at ¶ 3.) The effect of granting a motion to be relieved as counsel, in this context, would be to leave the action without
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either plaintiff or plaintiff’s counsel. The Court does not find that the interests of justice would be served by facilitating that situation. The Court would like to understand why counsel has not pursued a dismissal of the action in light of the circumstances described. Counsel is directed to appear to advise the Court regarding the foregoing.
Counsel should also be prepared to advise the Court of Counsel’s intentions vis-à-vis the pending demurrer, set for hearing on May 20, 2026. The time for filing any opposition thereto has expired, but no opposition appears in the Court’s file.
PROBATE CALENDAR – Hon. Joseph J. Solga, Dept. B (Historic Courthouse) at 8:30 a.m.
Conservatorship of Giselle Athziry Munoz 23PR000051
REVIEW HEARING
TENTATIVE RULING: After a review of the matter, the Court finds the Conservator is acting in the best interest of the Conservatee. Thus, the matter is set for a Review – Biennial hearing in two years, on May 16, 2028, at 8:30 a.m. in Dept. B. The Court Investigator shall prepare a biennial investigator report for the next hearing date. The Clerk is directed to send notice to the parties.
Conservatorship of Thomas, Rachel Elizabeth 26-24593
[1] REVIEW HEARING and [2] THIRD ACCOUNT AND REPORT OF CONSERVATOR’ PETITION FOR ALLOWANCE OF FEES TO CONSERVATOR OF THE PERSON AND ESTATE AND ATTORNEY FOR CONSERVATOR
TENTATIVE RULING: The Petition is GRANTED, including fees as prayed. After a review of the matter, the Court finds the Conservator is acting in the best interest of the Conservatee. Thus, the matter is set for a Review – Biennial and for an Accounting in two years on May 16, 2028, at 8:30 a.m. in Dept. B. All accounting documents must be filed at least 30 days prior to the hearing. The Court Investigator shall prepare a biennial investigator report for the next hearing date. The Clerk is directed to send notice to the parties.
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