Christopher Marks v. Denali Water Solutions, LLC

Pursuant to Marin County Rule, Civil 2.13B, on July 14, 2026, Victor Grant Zlilinskas, Esq. was appointed to preside as Discovery Facilitator to assist the parties to resolve Plaintiff’s Motion to Compel Further Written Responses to Document requests. The notice to appoint discovery facilitators was entered on June 30. Plaintiff Christopher Marks filed the motion on April 24, 2026, with Defendant and Cross- Complainants filing an opposition on July 7. The Reply brief was filed on July 10.

Given the late appointment of the Discovery Facilitator, the Court is not surprised to have not received a Declaration of Non-Resolution from either party MCR Civ 2.13H.

The Court reminds the parties that compliance with MCR Civ 2.13H not only includes the timely filing of the Declaration of Non-Resolution by each party five court days prior to the hearing, but also requires that “[t]he Declaration shall not exceed three pages and shall briefly summarize the remaining disputed issues and each party’s contentions.” (MCR Civ 2.13H(1), emphasis added.)

The matter is continued to the next motion hearing date of August 28, 2026, at 1:30 p.m. in the department to provide the parties with more time to meaningfully participate in the facilitator program.

Parties must comply with Marin County Superior Court Local Rules, Rule 2.10(A), (B), which provides that if a party wants to present oral argument, the party must contact the Court at (415) 444-7046 and all opposing parties by 4:00 p.m. the court day preceding the scheduled hearing. Notice may be by telephone or in person to all other parties that argument is being requested (i.e., it is not necessary to speak with counsel or parties directly.) Unless the Court and all parties have

been notified of a request to present oral argument, no oral argument will be permitted except by order of the Court. In the event no party requests oral argument in accordance with Rule 2.10(B), the tentative ruling shall become the order of the court.

IT IS ORDERED that evidentiary hearings shall be in-person in Department L. For routine appearances, the parties may access Department L for video conference via a link on the court website. Kindly turn your camera on when your case is called and make sure the party or lawyer making the appearance is properly identified on the screen.

FURTHER ORDERED that the parties are responsible for ensuring that they have a good connection and that they are available for the hearing while using the virtual remote courtroom. If the connection is inadequate, the Court may proceed with the hearing in the party’s absence. If it is determined that you are driving your car during the hearing, you will be removed from the virtual courtroom. (Yes, this happens).