Motion to Compel Inspection
24CV015937: MOORE, et al. vs COVENANT CARE LODI, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY DBA ARBOR REHABILITATION AND NURSING CENTER, et al. 06/10/2025 Hearing on Motion to Compel Inspection of Arbor Rehabilitation and Nursing Center in Department 54
Tentative Ruling
The motion of Plaintiff Eric Moore, individually and as successor-in-interest to Linda Moore (Plaintiffs) to compel inspection is ruled upon as follows.
This is an elder neglect action arising out of Linda Moores death while she resided at Defendant Covenant Care Lodi, LLC, a California limited liability company dba Arbor Rehabilitation and Nursing Center (Arbor Rehab). Eric Moore is Linda Moores son and successor-in-interest.
Plaintiffs filed the Complaint in this action against several named defendants, including Arbor Rehab, on August 9, 2024, alleging causes of action for: (1) elder neglect, (2) elder neglect (enhanced remedies), (3) negligence (custodial), (4) fraud (constructive), (5) intentional infliction of emotional distress, (6) violation of Patients Bill of Rights, and (7) wrongful death against several named defendants, including Arbor Rehab.
Plaintiffs conducted an agreed upon inspection of Arbor Rehab on January 15, 2025. However, Plaintiffs counsel and videographer were unable to video record Linda Moores former room on the day of the inspection because one of its current occupants stated that he was in too much physical pain to get out bed to vacate the room. (See Decl. of Niki Sparks, RN ISO Oppn (Sparks Decl.) ¶¶ 2-4.)
Plaintiffs now move for an order compelling Arbor Rehab to allow Plaintiffs to conduct a narrowly tailored videotaped and photograph inspection of the bedroom where Linda Moore resided during her residency. (Not. of Mot. & Mot. 2:2-12.)
The Court has reviewed its Register of Actions for this case, which revealed that eleven discovery motions are currently scheduled for hearing in this case between June 10, 2025, and July 3, 2025, including nine motions scheduled for July 2, 2025. The Separate Statements filed in connection with those discovery motions total 1,922 pages, collectively.
Under these circumstances, the Court sua sponte finds that this is an appropriate case for the appointment of a referee to hear and determine any and all discovery motions and disputes relevant to discovery in this action. (See Code of Civ. Proc., § 639, subds. (a)(5), (d)(2); Taggares v. Super. Ct. (1998) 62 Cal.App.4th 94, 105
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24CV015937: MOORE, et al. vs COVENANT CARE LODI, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY DBA ARBOR REHABILITATION AND NURSING CENTER, et al. 06/10/2025 Hearing on Motion to Compel Inspection of Arbor Rehabilitation and Nursing Center in Department 54
Accordingly, the Court determines that it is necessary . . . to appoint a referee to hear and determine any and all discovery motions and disputes relevant to discovery in the action and to report findings and make a recommendation thereon. (Code Civ. Proc., § 639, subd.(a)(5).) The appointment is for all discovery purposes in the action. (Code Civ. Proc., § 639, subds. (c), (d)(3).)
The parties shall meet and confer and compile a list of 3 potential discovery referees and shall exchange their lists to see if they can agree upon a referee. If the parties are unable to reach an agreement, each side may submit their top recommendation to the Court for a decision. The parties should complete this process on or before June 23, 2025.
The parties must also meet and confer regarding the applicable factors included in Code of Civil Procedure section 639, subdivision (d). If the parties are able to reach an agreement, they may submit a stipulation and proposed order to the Court, which conforms with the provisions of Code of Civil Procedure section 639 and California Rules of Court, rule 3.922.
A further hearing date is scheduled at 9:00 a.m. on July 2, 2025, in this Department to formally appoint the referee. The hearing will be taken off calendar if the Court finds it is unnecessary based on the parties agreement as to a particular referee and the terms of their appointment.
Today's motion is taken off calendar so that it can be referred to the discovery referee. The other discovery motions pending in this case are also taken off calendar.
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc., § 1019.5; Cal. Rules of Court, rule 3.1312.)
NOTICE:
Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure:
To request limited oral argument, on any matter on this calendar, you must call the Law and Motion Oral Argument Request Line at (916) 874-2615 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
24CV015937: MOORE, et al. vs COVENANT CARE LODI, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY DBA ARBOR REHABILITATION AND NURSING CENTER, et al. 06/10/2025 Hearing on Motion to Compel Inspection of Arbor Rehabilitation and Nursing Center in Department 54
request for oral argument is made, the tentative ruling becomes the final order of the Court.
Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure §367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings. The Department 53/54 Zoom Link is https://saccourt-cagov.zoomgov.com/my/sscdept53.54 and the Zoom Meeting ID is 161 4650 6749. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.
Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp- 13.pdf.
A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Courts Approved Official Reporter Pro Tempore list.
Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporters Office and an official reporter will be provided.