Motion to Compel Plaintiff's Compliance with Code of Civil Procedure Section 871.26(B)
CV-26-003505 -TOVAR, MARK A vs FCA US LLC - Defendant's Motion to Compel Plaintiff's Compliance with Code of Civil Procedure Section 871.26(B) - GRANTED.
Parties to note: If any party would like to request a hearing on these matters, please note that the Court will hold oral arguments regarding these motions on August 11, 2026, at 8:30 am in Department 22.
Defendant filed the instant motion seeking to compel Plaintiff to provide code-compliant initial disclosures as required by Code of Civil Procedure section 871.26, subdivisions (b), (f), and (g). Plaintiff served initial disclosures but Defendant argues that Plaintiff's initial disclosures are deficient. "Within 60 days after the filing of the answer or other responsive pleading, all parties shall, without awaiting a discovery request, provide to all other parties an initial disclosure and documents pursuant to subdivisions (f), (g), and (h)." (Code Civ. Proc., Sec. 871.26(b).) Subdivision (f) requires the plaintiff to provide documents for enumerated categories and subdivision (g) requires the plaintiff to provide information.
Here, Plaintiff's responses are deficient. For example, Plaintiff is required to provide the sales or lease agreement, a copy of current registration, and certain financial information, but Plaintiff has not done so. As another example, Plaintiff is required to provide information concerning accidents and aftermarket modifications, but Plaintiff has not provided the information and instead Plaintiff's response states that Plaintiff is searching for documents and/or information.
The motion is GRANTED. The Court intends to sign the proposed order Defendant submitted in connection with its motion.
PR-25-000725 - IN THE MATTER OF MOSS 2001 REVOCABLE TRUST - Trustee Aaron Moss Notice of Demurrer to Petition -- OVERRULED.
Parties to note: If any party would like to request a hearing on this matter, please note that the Court will hold oral arguments concerning the demurrer on August 11, 2026, at 8:30 am in Department 22.
Respondent's Request for Judicial Notice is GRANTED. The Court takes judicial notice of the existence, contents, and filing dates of the Court's March 24, 2026 minute order and Respondent's April 10, 2026 demurrer.
Respondent's demurrer to the Petition for an Order to Recover Real Property Belonging to the Trust and Request for Double Damages and Attorney's Fees is OVERRULED for the reasons set forth below.
Parties to note: If any party would like to request a hearing on this matter, please note that the Court will hold oral arguments concerning the demurrer on August 11, 2026, at 8:30 am in Department 22.
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Governing Standards
"A demurrer tests the legal sufficiency of the allegations in a complaint." (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In ruling on a demurrer, the Court treats all properly pleaded material facts as admitted, but not contentions, deductions, or conclusions of fact or law. The Court may also consider matters subject to judicial notice. (Serrano v. Priest (1971) 5 Cal.3d 584, 591.) The pleading must be construed liberally and "with a view to substantial justice between the parties." (Code Civ.
Proc., Sec. 452.) A demurrer must be based upon matters appearing on the face of the pleading, exhibits attached to the pleading, or matters properly judicially noticed. If a pleading states a cause of action under any legal theory, it is good against a general demurrer. (Quelimane Co., Inc. v. Stewart Title Guar. Co. (1998) 19 Cal.4th 26, 38; Durell v. Sharp Healthcare (2010) 183 Cal.App.4th 1350, 1358.) Further, a plaintiff need only plead ultimate facts sufficient to state a claim and need not plead every evidentiary fact that may ultimately support recovery.
A. Timeliness
Petitioner argues the demurrer is untimely under Probate Code section 1043 and Goebner v. Superior Court (2025) 110 Cal.App.5th 1105 because it was filed after the petition's initial hearing date. Respondent contends the Court's March 24, 2026 order established a May 12, 2026 deadline for "any objection or other pleading" and that the demurrer was filed on April 10, 2026. The Court agrees with Respondent. The March 24, 2026 minute order expressly continued the matter to allow objections to be filed and directed that "[a]ny objection or other pleading" be filed and served no later than May