Decoud v. Budget Rent A Car System, Inc., et al

14. Sheen, Jr., et al, v. Sheen, et al., Case No. CIVSB2433310 Defendant’s Demurrer and Motion to Strike 7/10/26, 9:00 a.m., S-17 The Court is inclined to SUSTAIN the unopposed demurrer with twenty days leave to amend. This ruling would make the motion to strike moot. A failure to oppose a motion may be deemed consent to the granting of the motion. (Rules of Court, rule 8.54(c); also Giles v. Horn (2002) 100 Cal.App.4th 206,228 [challenge to judicial notice motion forfeited by failure to file opposition].) Here, it appears Plaintiff has conceded the validity of the arguments. Alternatively, the Court is cognizant of a prior stipulation to continue trial dates due to party unavailability and will hear argument on whether a good faith error occurred as to the timing of this instant demurrer and motion and whether a continuance is warranted.

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15. Decoud v. Budget Rent A Car System, Inc., et al, Case No. CIVSB2328817 Defendant’s Motion to Dismiss or, in the Alternative, for Further Sanctions 7/10/26, 9:00 a.m., S-17 The Court would GRANT this unopposed motion but as to the alternative relief of further sanctions. Plaintiff will complete responses to requests for production, set one (RFP1), as previously ordered. Plaintiff will also pay an additional $625 in sanctions within thirty days. On November 6, 2025, the Court previously GRANTED Defendant’s motion to compel responses to RFP1, served on June 21, 2024, as well as the requested sanctions of $625.

Both responses and sanctions were due within thirty days; thus, both were due by December of 2026. While Plaintiff apparently sent some correspondence with a limited informal production, she did not submit verified responses nor did she pay the due sanctions. The Court will also set a compliance hearing 45 days out to determine whether yet further sanctions might be warranted.

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