Defendant FCA’s Motion for Judgment on the Pleadings
16. Espinosa v. FCA US, LLC, et al, Case No. CIVSB2436711 Defendant FCA’s Motion for Judgment on the Pleadings 6/2/26, 9:00 a.m., Dept. S-17
CONTINUE the matter to allow movant to satisfy the meet-and-confer requirements. Prior to a motion for judgment on the pleadings, a party is required meet and confer in person, by telephone, or by video conference with the party who filed the pleading that is the subject of the motion . . . for the purpose of determining whether an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings.” (Code Civ. Proc., § 439(a) [emphasis added].) Merely sending a letter informing the party that a motion is forthcoming is insufficient.
Here, the supporting declaration indicates only that a letter was sent with no response. (See Borrero Decl., ¶¶3-4.) Thus, the Court would continue the matter to allow a supplemental declaration showing compliance. Movant will file a supplemental declaration at least ten court days before the next hearing with a courtesy copy lodged directly in the department. *** *** ***
17. A.P. v. County of Santa Cruz, et al, Case No. CIVSB2129877 Defendant County’s Motion for Leave to Take the Subsequent Deposition of Plaintiff 6/2/26, 9:00 a.m., Dept. S-17
Tentative Ruling The Court would DENY. Case Summary This is a sexual abuse case. Plaintiff A.P. alleges that she was sexually abused while in foster care roughly twenty years ago. She asserts that Defendant County of San Bernardino is liable because of its negligence and violation of its mandatory duties, specifically as it relates to the County’s duties to monitor and protect. As such, Plaintiff filed suit against Defendant County of Santa Cruz, Defendant Hand in Hand Foundation, Defendant County of San Bernardino, and Defendant A Positive Attitude Outlook, on October 7, 2021.
As to County of San Bernardino, Plaintiff alleges negligence. (Compl., ¶¶143-155.) Importantly here, Plaintiff filed a Frist Amended Complaint (FAC) recently on December 29, 2025. The FAC alleges (1) negligence (as to County); (2) negligence (as to A Positive Attitude); and (3) negligence (as to Does 5 through 25). Plaintiff alleges that she was sexually assaulted repeatedly in foster care while in custody. She further alleges physical, psychological, and emotional injuries suffered because of that alleged sexual conduct.
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