Motion to Bifurcate; Motion to Compel
June 12, 2026 Dept. 9 Tentative Rulings
1. 24CV1721 BRETT BIRKELAND V. PROEQUITY ASSET MANAGEMENT CORPORATION MOTION TO BIFIRCATE, FURTHER HEARING REQUEST FOR PRODUCTION
As to both the Motion to Bifurcate and the Motion to Compel the court finds the meet and confer efforts to be inadequate. The court therefore orders the following: Parties are to immediately begin the meet and confer process on this Motion to Bifurcate and Compel filed on March 19, 2026 and March 30, 2026.
The parties are on ordered to meet and confer on video conference or in person in a good faith effort to resolve each matter on an itemby-item basis. Both parties are referred to standards of professionalism and civility as discussed in Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1439; and Manzetti v. Superior Court (1993) 21 Cal.App.4th 373, 380, fn.8.
The meet and confer meeting(s) is to be recorded and the recording is to be made available to the Court at the hearing. All parties/attorneys are ordered to make the recording or may all agree to only one party making the recording.
No later than July 24, 2026 the parties shall file a JOINT status report of no more than 10 pages (five for each motion) outlining which, if any, items remain in dispute and why, including any request for sanctions. Failure to sign and participate in drafting the joint report will open each side to monetary sanctions of for failure to follow this order.
The parties shall not file a response or reply papers or any other papers in support or opposition of this motion. The court will only consider the joint status report that should explain what item(s) remains in dispute and the legal reasons why it’s in dispute. Parties shall explain the amount of monetary sanctions sought and the reasons why within the joint status report such that the court can address the same in any subsequent order individually.
The court reminds the parties that it is not enough to refer the court back to the original papers or to other papers filed in association with each matter or previous status report. Moreover, the joint status report(s) should proceed to list items remaining in dispute along with the legal reason(s) why. The parties shall submit a joint status report that complies with CRC 3.1345 which explains why a specific request is in dispute and each party’s position.
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Parties should be careful to delineate the items in dispute in such a way that the Court will be fully aware as to which set of discovery the item in dispute is referring. If an item is not specifically listed and briefed with applicable points and authorities in the joint status report, the Court will assume that the issue has been resolved. The parties are required to be reasonable in this process or face additional monetary sanctions.
June 12, 2026 Dept. 9 Tentative Rulings
A courtesy copy of the joint status report(s) shall be delivered electronically to Department 9. The hearing on this motion is scheduled on July 31, 2026 at 8:30AM in Department 9.
TENTATIVE RULING #1: BOTH MOTIONS ARE CONTINUED TO JULY 31,2026 AT 8:30AM IN DEPARTMENT 9. PARTIES AND CONUNSEL ARE ORDERED TO COMPLY WITH TH COURT’S ORDER TO MEET AND CONFER IS OUTLINED IN THE TENTATIVE RULING.
NO HEARING ON THIS MATTER WILL BE HELD UNLESS A REQUEST FOR ORAL ARGUMENT IS TRANSMITTED ELECTRONICALLY THROUGH THE COURT’S WEBSITE OR BY TELEPHONE TO THE COURT AT (530) 621-6551 BY 4:00 P.M. ON THE DAY THE TENTATIVE RULING IS ISSUED. CAL. RULE CT. 3.1308; LOCAL RULE 8.05.07; SEE ALSO LEWIS V. SUPERIOR COURT, 19 CAL.4TH 1232, 1247 (1999).
NOTICE TO ALL PARTIES OF A REQUEST FOR ORAL ARGUMENT AND THE GROUNDS UPON WHICH ARGUMENT IS BEING REQUESTED MUST BE MADE BY TELEPHONE OR IN PERSON BY 4:00 P.M. ON THE DAY THE TENTATIVE RULING IS ISSUED. CAL. RULE CT. 3.1308; EL DORADO COUNTY LOCAL RULE 8.05.07. PROOF OF SERVICE OF SAID NOTICE MUST BE FILED PRIOR TO OR AT THE HEARING.
LONG CAUSE HEARINGS MUST BE REQUESTED BY 4:00 P.M. ON THE DAY THE TENTATIVE RULING IS ISSUED AND THE PARTIES ARE TO PROVIDE THE COURT WITH THREE MUTUALLY AGREEABLE DATES ON FRIDAY AFTERNOONS AT 2:30 P.M. LONG CAUSE ORAL ARGUMENT REQUESTS WILL BE SET FOR HEARING ON ONE OF THE THREE MUTUALLY AGREEABLE DATES ON FRIDAY AFTERNOONS AT 2:30 P.M. THE COURT WILL ADVISE THE PARTIES OF THE LONG CAUSE HEARING DATE AND TIME BY 5:00 P.M. ON THE DAY THE TENTATIVE RULING IS ISSUED. PARTIES MAY PERSONALLY APPEAR AT THE HEARING.
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