Defendant's Demurrer to Plaintiff's First Amended Complaint
Responses to Form Interrogatories, Set One, and for Monetary Sanctions against Marcus Dias - GRANTED, and unopposed; d) Plaintiff's Motion to Compel Further Responses to Request for Production of Documents, Set One, and for Monetary Sanctions against Marcus Dias - GRANTED, and unopposed; e) Plaintiff's Motion to Compel Further Responses to Form Interrogatories, Set One, and for Monetary Sanctions against Michele Dias - GRANTED, and unopposed; f) Plaintiff's Motion to Compel Further Responses to Request for Production of Documents, Set One, and for Monetary Sanctions against Michele Dias- GRANTED, and unopposed.
a) The Court finds that Defendant's response to Form Interrogatory 15.1 fails to comply with the provisions of Code Civ. Proc. Sec.Sec. 2030.220 et seq. Therefore, Defendant shall serve a verified further response to the subject discovery within 14 days. The Court further finds that Plaintiff is entitled to an award of monetary sanctions in connection with the instant motion. (Code Civ. Proc. Sec.Sec. 2030.300(c), 2023.010 et seq., 2023.030 et seq.)Therefore, the Court awards $485 in sanctions against Defendant Matthew Dias and his counsel herein, payable to Plaintiff's counsel.
b) The Court finds that Defendant's responses to the subject discovery fail to comply with the provisions of CCP Sec.Sec. 2031.220 and 2031.230 et seq. Therefore, Defendant shall serve verified further responses to the subject discovery within 14 days. The Court further finds that Plaintiff is entitled to an award of monetary sanctions in connection with the instant motion. (Code Civ. Proc. Sec.Sec. 2031.310(c), 2023.010 et seq., 2023.030 et seq.)Therefore, the Court awards $485 in sanctions against Defendant Matthew Dias and his counsel herein, payable to Plaintiff's counsel.
c) The Court finds that Defendant's response to Form Interrogatory 15.1 fails to comply with the provisions of Code Civ. Proc. Sec.Sec. 2030.220 et seq. Therefore, Defendant shall serve a verified further response to the subject discovery within 14 days. The Court further finds that Plaintiff is entitled to an award of monetary sanctions in connection with the instant motion. (Code Civ. Proc. Sec.Sec. 2030.300(c), 2023.010 et seq., 2023.030 et seq.)Therefore, the Court awards $485 in sanctions against Defendant Marcus Dias and his counsel herein, payable to Plaintiff's counsel.
d) The Court finds that Defendant's responses to the subject discovery fail to comply with the provisions of CCP Sec.Sec. 2031.220 and 2031.230 et seq. Therefore, Defendant shall serve verified further responses to the subject discovery within 14 days. The Court further finds that Plaintiff is entitled to an award of monetary sanctions in connection with the instant motion. (Code Civ. Proc. Sec.Sec. 2031.310(c), 2023.010 et seq., 2023.030 et seq.)Therefore, the Court awards $485 in sanctions against Defendant Marcus Dias and his counsel herein, payable to Plaintiff's counsel.
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e) The Court finds that Defendant's response to Form Interrogatory 15.1 fails to comply with the provisions of Code Civ. Proc. Sec.Sec. 2030.220 et seq. Therefore, Defendant shall serve a verified further response to the subject discovery within 14 days. The Court further finds that Plaintiff is entitled to an award of monetary sanctions in connection with the instant motion. (Code Civ. Proc. Sec.Sec. 2030.300(c), 2023.010 et seq., 2023.030 et seq.)Therefore, the Court awards $485 in sanctions against Defendant Michele Dias and her counsel herein, payable to Plaintiff's counsel.
f) The Court finds that Defendant's responses to the subject discovery fail to comply with the provisions of CCP Sec.Sec. 2031.220, 2031.230 and 2031.240 et seq. Therefore, Defendant shall serve verified further responses to the subject discovery within 14 days. The Court further finds that Plaintiff is entitled to an award of monetary sanctions in connection with the instant motion. (Code Civ. Proc. Sec.Sec. 2031.310(c), 2023.010 et seq., 2023.030 et seq.)Therefore, the Court awards $485 in sanctions against Defendant Michele Dias and her counsel herein, payable to Plaintiff's counsel.
CV-25-009269 - EVITT, KENNETH BRYAN vs CITY OF MODESTO - Defendant's Demurrer to Plaintiff's First Amended Complaint - HEARING REQUIRED. The Court notes the lack of opposition and is inclined to SUSTAIN the demurrer without leave to amend. Defendants' Request for Judicial Notice is GRANTED with regard to the contents of the court's file in the related criminal proceeding, CR23-8100.
Based upon review of the moving and supporting papers, including those matters subject to judicial notice, the Court is inclined to sustain the demurrer in its entirety. Specifically, it appears that the Criminal Division's finding of probable cause to support Plaintiff's arrest on 8-6-23 bars his pursuit of a false arrest claim herein, based on the doctrine of collateral estoppel. (See, e.g. Greene v. Bank of America (2015) 236 Cal.App.4th 922, 933-934.)
Moreover, to the extent that Plaintiff's claims against Defendants herein are based on the alleged failure to arrest Mr. Durazo on the date(s) in question, liability on that theory is precluded by the application of Gov. Code Sec. 846.
Lastly, as the Court sees no potential for amendment to cure the defects identified herein, and Plaintiff has again failed to oppose the challenge to his pleading, the Court is inclined to DENY further leave to amend. The Court will hear from the parties on these issues at the time of the hearing.
The following are the tentative rulings for cases calendared before Judge David Hood in Department 24: ***There are no tentative rulings in Department 24***
The following is the tentative ruling for a case calendared before Commissioner Jared D. Beeson in Department 19 located at the Turlock Division at 300 Starr Avenue, Turlock, CA: ***There are no tentative rulings in Department 19***