Idiaquez, et al. vs Phoenix, et al.

25CV131018: IDIAQUEZ, et al. vs PHOENIX, et al. 07/23/2026 Hearing on Motion to Compel Discovery (not "Further Discovery") filed by Joeann Wilson (Defendant) CRS# 383681441580 in Department 512

Tentative Ruling - 07/22/2026 Elizabeth Riles

The Hearing on Motion to Compel Discovery (not "Further Discovery") filed by Joeann Wilson (Defendant) CRS# 383681441580 scheduled for 07/23/2026 is continued to 08/20/2026 at 02:30 PM in Department 512 at Hayward Hall of Justice.

This Tentative Ruling addresses defendant Joeanne Wilson’s (“Defendant” or “Wilson”) unopposed Motion to Compel each of plaintiffs’ Francisco Idiaquez (“Idiaquez”) and Maria Yesca (“Yesca”) (Idiaquez and Yesca are collectively “Plaintiffs”) to provide verifications to Plaintiffs’ previously served Responses to Defendant’s First Sets of Form Interrogatories (“FROG”), Special Interrogatories (“SROG”), and Requests for Production of Documents (“RFPD”) to each of Plaintiffs and to Compel Plaintiffs’ verified Responses to Defendant’s Second Set of SROG to Plaintiffs jointly.

The Court CONTINUES the hearing on the Motion to Compel to Thursday, 8/20/2026.

The Motion to Compel was filed on 5/13/2026. However, Plaintiffs’ counsel of record successfully moved the Court for Orders to be relieved as counsel for Plaintiffs on 3/30/2026. However, the Court’s 3/26/2026 expressly states:

“Counsel David Achord, San Diego Injury Law Center, shall remain Plaintiffs’ counsel of record until the date on which counsel files with the Court and serves on Plaintiffs by first class U.S. mail at Plaintiffs’ last known mailing address(es) a Notice of Entry of the final Order on these Motions to Be Relieved as Counsel.”

However, no Notice of Entry of Order with appropriate proof of service has been filed with the Court. Thus, Mr. Achord remains Plaintiffs’ counsel of record.

However, on 3/25/2026 Mr. Achord’s office filed four proofs of service, regarding efforts to personally serve Plaintiffs at their last known address with Motion to Be Relieved as Counsel on 1/15/2026 and a “Request for Dismissal” on 3/24/2026. The proofs of service for the Motion to Be Relieved indicate that the last known residence of Plaintiffs in Vallejo, California was apparently vacant of tenants on 1/15/2026. However, Plaintiff’s counsel’s process server purported to substitute serve an unfiled “Request for Dismissal” at the same address on 3/24/2026.

In any event, Mr. Achord, San Diego Injury Law Center remains Plaintiffs’ counsel of record until he complies with the Court’s 3/26/2026 Order. Even if Plaintiffs have moved without advising their former counsel of their new address, there is a possibility they have left a forwarding address with the U.S. Postal Service. 25CV131018: IDIAQUEZ, et al. vs PHOENIX, et al. 07/23/2026 Hearing on Motion to Compel Discovery (not "Further Discovery") filed by Joeann Wilson (Defendant) CRS# 383681441580 in Department 512 The Court ORDERS Defendant Wilson to serve a copy of this Order on attorney David Achord by email and first-class U.S. postal mail within five (5) days of the date on which the final Order enters the record.

The Court also ORDERS Defendant Wilson to serve this order and an Amended Notice of Motion and all supporting documents on Plaintiffs at their last known mailing address listed in the Motion to Be Relieved as Counsel by first-class U.S. postal mail within five (5) days of the date on which the final Order enters the record.

CONTESTING TENTATIVE RULINGS

PLEASE NOTE: If any party contests the tentative ruling, the hearing on the motion will occur remotely via the court's own video-conferencing system.

Pursuant to California Rule of Court 3.1308, subdivision (a)(1), this tentative ruling will become the order of the Court unless it is contested before 4:00 PM on the court day preceding the noticed hearing date.

To contest a tentative ruling, a party should do the following:

First, the party must notify Department 512, by email at Dept512@alameda.courts.ca.gov and copy all counsel of record and self-represented parties. The contesting party must state in the subject line of the email the case name, case number and motion.

Second, the party shall log into the eCourt Public Portal, search for this case (e.g., by case number), select the case name, select the "Tentative Rulings" tab, click the "Click to Contest this Ruling" button, enter the party's name and a brief statement of the party's reason for contesting the tentative, and click "Proceed."

Parties may appear via videoconference, using the Zoom.com website or application.

TO CONNECT TO ZOOM:

Join the meeting using the following link: https://www.zoomgov.com/j/16057661931 Join the meeting by Phone:

Meeting ID: 160 5766 1931

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