Petitioner Stuart Jones' Motion to Compel Responses from Administrator, Joseph Mayhue, to Special Interrogatories and for Monetary Sanctions Against Administrator, Joseph Mayhue, for Misuse of the Discovery Process
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judgment set aside. The unopposed motion is GRANTED. The Court will sign the proposed order that was submitted with the motion. The Court on its own motion SETS a Court's Motion to Dismiss for September 19, 2026, at 8:30 am in Department 22. Plaintiff to give notice of this ruling within five court days.
PR-22-000750 - ESTATE OF MAYHUE, WENDY D - Petitioner Stuart Jones' Motion to Compel Responses from Administrator, Joseph Mayhue, to Special Interrogatories and for Monetary Sanctions Against Administrator, Joseph Mayhue, for Misuse of the Discovery Process - CONTINUED to July 23, 2026, at 8:30 am in Department 22. This matter is CONTINUED on the Court's own motion to July 23, 2026, at 8:30 am in Department 22, to be heard with the related discovery motion on calendar that day.
The following are the tentative rulings for cases calendared before Judge Clifford Tong in Department 23: ***There are no tentative rulings in Department 23***
The following are the tentative rulings for cases calendared before Judge David Hood in Department 24:
CV-22-004051 - KING, THOMAS vs DOCTORS MEDICAL CENTER OF MODESTO INC - Defendant's Motion for Summary Judgment - DENIED, in part, GRANTED, in part. The court previously addressed the issue of the untimeliness of Plaintiff's Opposition and reiterates its previous finding that the interests of justice do not favor the interpretation of Code of Civil Procedure 437c urged on the Court by Defendant that applies the 2025 statutory response deadlines to Defendant's Motion for Summary Judgment filed in 2024, and that Plaintiff's opposition herein may be considered by the Court in the exercise of its broad discretion to consider papers served and filed beyond the deadline on a motion for summary judgment.?(CRC 3.1300 (d); Mackey v. Board of Trustees of California State University (2019) 31 Cal.App.5th 640).
The court finds that triable issues of material fact exist regarding Plaintiffs cause of action for elder abuse as to decedent's admission skin condition and the timing of decedent's wound development, Defendant's compliance with turning and repositioning protocols, as well as the adequacy of Defendant's wound assessment and follow-up care and treatment. (Defendant's Exhibits B, K and M, Plaintiff's Exhibit A, B and D, Plaintiff's UMFs 1-8, 11, 17, 19, 21, 22, 25, 26, 27-28; and Plaintiff's ASUMFs 1,5,6 -9, 12, 13, 15, 21, 23-24 24,33, 35, 54-55, 58, 62, 68, 70, 72-73, 81, 90-91.
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In addition, triable issues of material fact exist as to whether Defendant's care and treatment of the decedent exceed medical negligence and met the standards for elder abuse and neglect. Welf. & Inst. Code Sec. 15610.57; Carter v. Prime Healthcare Paradise Valley LLC, (2011)198 Cal.App.4th 396).
Finally, triable issues of material fact exist as to Plaintiff's ability to establish the required recklessness, oppression, fraud, or malice sufficient to support enhanced remedies under the Elder Abuse Act
The court finds that Plaintiff's UCL cause of action is derivative of the elder neglect allegations and fails as a matter of law. Accordingly, Defendant's Motion for Summary Judgment is DENIED. Defendant's Motion for Summary Adjudication of Elder Abuse Claim and Enhanced Remedies is DENIED. Motion for Summary Adjudication of UCL Claim is GRANTED. Defendant's Evidentiary Objections: OVERRULED
CV-25-003001 - BENNETT, DONALD vs RH ALUMINUM BOATS - a) Defendant Blueearth Marine, LLC's Motion to Compel Responses to Request for Production of Documents, Set One, from Plaintiff Donald Bennett; Request for Order Awarding Monetary Sanctions Against Plaintiff and Plaintiff's Attorney - GRANTED, unopposed; b) Defendant Blueearth Marine, LLC's Motion to Compel Responses to Form Interrogatories, Set One, from Plaintiff Donald Bennett; Request for Order Awarding Monetary Sanctions Against Plaintiff and Plaintiff's Attorney - GRANTED, unopposed; c) Defendant Blueearth Marine, LLC's Motion to Compel Responses