Defendant's Motion to be Relieved as Counsel
considerations than those previously undertaken by the Court. A trial court abuses its discretion when it exceeds the bounds of reason in exercising it, having considered all the circumstances before it. The Court of Appeal evaluates abuse of discretion relative to the legal principles governing the subject of the action. In re Marriage of Brewster & Clevenger (2020) 45 Cal. App. 5th 481.
On this record, and relative to the principles expressed in the provisions of the Discovery Act governing the imposition of (monetary) sanctions, Plaintiff has not demonstrated any conduct by the Court exceeding the bounds of reason in the exercise thereof. The record also does not show a defect in notice or opportunity to be heard regarding the 5/20/26 decision. Rather, it shows no appearances and no hearing request when the matter was called, and confirmation of a tentative ruling. Plaintiff's disagreement with the Court's characterization of the motion as a rehash does not, on this record, demonstrate that the order was void or entered in excess of jurisdiction that would support vacating the said ruling.
Furthermore, Plaintiff's arguments in support of vacatur are premised on a mistaken belief that Defendant did not oppose the 3/20/26 motion. The Court file shows that Defendant filed their opposition to the motion on 4/29/26 with proof of service on file dated 4/29/26, demonstrating service on Plaintiff by USPS mail. Notably Plaintiff did not assert any lack of any opposition by requesting a hearing after the tentative ruling was issued. The Court finds it surprising that Plaintiff is seemingly raising this issue now, apparently without foundation. Additionally, to the extent that Plaintiff's contentions of judicial bias and lack of judicial integrity are also based on this mistaken belief that the motion on which the challenged order is based was unopposed, Plaintiff's arguments in that regard are heavily discredited.
The Court therefore finds that the Court's 5/20/26 ruling is supported and well-reasoned and demonstrates the proper exercise of the Court's discretion herein. In re Marriage of Brewster & Clevenger (2020) 45 Cal. App. 5th 481; Civ. Proc. Code Sec.Sec. 2023.010 and 2023.030; City of Los Angeles v. PricewaterhouseCoopers, LLP (2024) 17 Cal. 5th 46; Civ. Proc. Code Sec. 473 (d). "Submission on a tentative ruling is neutral; it conveys neither agreement nor disagreement with the analysis." Howard Jarvis Taxpayers Assn. v. Bay Area Toll Auth. (2020) 51 Cal. App. 5th 435, 446
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Plaintiff cannot be held to have waived his right to seek relief from the 5/20/26 order. However, Plaintiff has also not identified any new facts or a procedural irregularity in the 5/20/26 proceedings. The docketed sequence shows the Court's discretion was properly exercised against repetitive motion practice and lack of diligence by Plaintiff. Therefore, the Court denies Plaintiff's motion to vacate and set aside the Court's order dated 5/20/26 as void as a matter of law and also denies Plaintiff's alternative request to modify the 5/20/26 order and grant Plaintiff's attorney fees against Defendant Zen and his attorney of record jointly and severally.
CV-25-001020 - LC, JANE DOE vs MODESTO CITY SCHOOLS - Defendant's Motion to be Relieved as Counsel - GRANTED. Good cause existing, the Court hereby GRANTS Counsel Steven Derby leave to withdraw as Counsel for Defendant Jeffrey Aguirre. The Court's order relieving Counsel shall take effect upon proof of service of same on Defendant. (CRC 3.1362). The Court will sign the Proposed Order.
CV-25-009803 - DOLZADELLI, CHELSEA vs SALAS, OSCAR - a) Defendants the Frontier, LLC and Oscar Salas Demurrer to Plaintiff's First-Amended Complaint - SUSTAINED, in part, OVERRULED, in part, with leave to amend; b) Defendant the Frontier, LLC and Oscar Salas Motion to Strike Portions of Plaintiff's First-Amended Complaint - DENIED.
a) SUSTAINED, in part, OVERRULED, in part, with leave to amend. The Court has considered the moving, opposition, and reply papers. Defendants The Frontier, LLC and Oscar Salas demur to the First Cause of Action (Negligence), Second Cause of Action (Negligent Hiring, Supervision, or Retention), and Fourth Cause of Action (Premises Liability) of