Darryl Genis et al v Daniel Genis et al
Case Information
Motion(s)
Petition: Compel Arbitration; Motion: Stay Pending Arbitration; Motion: for Priority Trial Setting; Motion: for Court Authorization to Request Prod of Docs and Things re: Late Stipulated Interpleader; Motion: to Set Aside and/or Vacate and/or Correct Erroneous Entry of Order Granting Stupin's 170.6 against Anderle; Motion: Bifurcate Certain Issues/Motion to Declare Confidentiality; Motion: Sanctions, Attorney Fees and Costs; Motion: Amend Second Amended Complaint; Motion: Compel Requests for Prod of Docs Set One; Motion: Issuance OSC re Contempt; Motion: Order Suggesting Order to Hear Pending Contested Pretrial Matters; Motion: Set Aside Void Order of May 2, 2023 Purporting to Disqualify Anderle
Motion Type Tags
Petition · Motion for Sanctions · Motion for Attorney Fees · Other
Parties
- Plaintiff: Darryl Genis
- Defendant: Daniel Genis
- Defendant: Stupin
Attorneys
- Marc Cohen — for Defendant
- Ashley Fickel — for Defendant
Ruling
Case Number
Case Type Unlimited Fraud (16) Hearing Date / Time Wed, 10/18/2023 - 08:30 Nature of Proceedings Motions Tentative Ruling
This case was transferred from South County on August 11, 2023 and assigned to this court August 14, 2023. The following motions are on this court's October 18, 2023, law and motion calendar: Petition: Compel Arbitration (filed April 14, 2023) [Defendants]; Motion: Stay Pending Arbitration (filed April 14, 2023) [Defendants]; Motion: for Priority Trial Setting (filed May 25, 2023) [Plaintiffs]; Motion: for Court Authorization to Request Prod of Docs and Things re: Late Stipulated Interpleader (filed May 25, 2023) [Plaintiffs]; Motion: to Set Aside and/or Vacate and/or Correct Erroneous Entry of Order Granting Stupin's 170.6 against Anderle (filed May 25, 2023) [Plaintiffs]; Motion: Bifurcate Certain Issues/Motion to Declare Confidentiality (filed June 2, 2023) [Plaintiffs]; Motion: Sanctions, Attorney Fees and Costs (filed June 2, 2023) [Plaintiffs]; Motion: Amend Second Amended Complaint (filed July 20, 2023) [Plaintiffs]; Motion: Compel Requests for Prod of Docs Set One (filed July 20, 2023) [Plaintiffs]; Motion: Issuance OSC re Contempt (filed August 21, 2023) [Plaintiffs] Motion: Order Suggesting Order to Hear Pending Contested Pretrial Matters (filed September 5, 2023) [Plaintiffs] Motion: Set Aside "Void" Order of May 2, 2023 Purporting to Disqualify Anderle (filed September 18, 2023) [Plaintiffs]
This court has fully reviewed the case. The court's tentative rulings are below.
Motion: to Set Aside and/or Vacate and/or Correct Erroneous Entry of Order Granting Stupin's 170.6 against Anderle
This motion is denied. On June 27, 2023, Darryl Genis filed a writ of mandate to the Second District Court of Appeal (Case No. B329887) pursuant to Code of Civil Procedure section 170.3(d) requesting reversal of the trial court order granting Andrew Stupin's peremptory challenge against Judge Thomas Anderle. The Court of Appeal summarily denied the writ on June 29, 2023. Darryl Genis filed a petition for review with the California Supreme Court (S280844) on July 6, 2023. On August 23, 2023, the California Supreme Court denied the petition for review. To the extent this motion remains operative for this court's review, it is denied.
Procedurally, the motion fails. A motion pursuant to Code of Civil Procedure section 473 may not be based on the court's "mistake, inadvertence, surprise, or excusable neglect." To the extent the motion is based on Code of Civil Procedure section 1008, it is untimely. A motion for reconsideration must be filed within 10 days of the notice of entry of order. Even allowing for service by mail, the motion was untimely.
Motion: Set Aside "Void" Order of May 2, 2023 Purporting to Disqualify Anderle