Motion to Dismiss
judicial notice]; Cruz v. County of Los Angeles (1985) 173 Cal.App.3d 1131, 1134 [same].)
Objections. The court declines to rule on defendant’s objection (ROA No. 156), as it is not material to the disposition of this motion. (Code Civ. Proc., § 437c, subd. (q).)
Defendant shall give notice.
2 CLAIRMONT vs. Motion to Dismiss FORD MOTOR COMPANY Defendant Ford Motor Company’s motion to dismiss, or alternatively, to compel initial disclosures, document production, 2025-01510533 and deposition, and for sanctions, is GRANTED IN PART and DENIED IN PART. (Code Civ. Proc., § 871.26.) The motion is GRANTED as to disclosures, deposition, and monetary sanctions. Plaintiff Frederick Clairmont shall produce the documents and information required by Code Civ. Proc., § 871.26, subds. (f) and (g), to moving party within 10 days.
Plaintiff Frederick Clairmont shall also appear for deposition pursuant to Code Civ. Proc., § 871.26, subd. (c)(1), to take place on 7-16-26 at 10:00 AM, at the offices of counsel for moving party, Evans Fears Schuttert McNulty Mickus, 1 Park Plaza, Suite 500, Irvine, California 92614. The parties may agree in writing to conduct the deposition at a different date, time, and/or location, and/or by remote means rather than in person.
The motion is also GRANTED IN PART as to sanctions. Monetary sanctions are imposed against plaintiff Frederick Clairmont in the amount of $3,000.00, payable to counsel for moving party within 15 business days. (Code Civ. Proc., § 871.26
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Plaintiff and his counsel are admonished that although the court denied defendant’s motion to dismiss at this stage of the proceedings, a dismissal of the complaint is authorized under Code of Civil Procedure section 871.26, subdivision (j)(3) for a plaintiff’s repeated noncompliance with subdivisions (b), (c) and (d), and the court shall order a plaintiff to pay costs to the manufacturer.
The remainder of the motion is DENIED WITHOUT PREJUDICE.
Moving party shall give notice.