Defendant's Motion to Set Aside and Vacate Judgment Pursuant to Code of Civil Procedure Section 663a
23. The Court requires more time to review these matters.
The following are the tentative rulings for cases calendared before Judge David Hood in Department 24:
CV-21-002353 - SHAW, NOLAN vs CRABTREE, ROBERT - Defendant's Motion to Set Aside and Vacate Judgment Pursuant to Code of Civil Procedure Section 663a - Withdrawn by moving party.
CV-23-001227 - CARSON HYBRID ENERGY STORAGE LLC vs TURLOCK IRRIGATION DISTRICT - Plaintiff's Motion to Compel Witness, Utilities System Efficiencies, Inc. to Comply with a Deposition Subpoena for Production of Business Records; and Request for Sanctions in the Amount of $1,460 - DENIED, without prejudice.
Civ. Proc. Code Sec. 2025.450 authorizes a party who serves a deposition notice for an order compelling the deponent's attendance and testimony, or tangible thing described in the deposition notice to move to compel the deponent's attendance when the deponent fails to appear for the deposition without having saved a valid objection. However, said Motion to Compel must be accompanied by a separate statement which "provides all the information necessary to understand each discovery request and all the responses to it that are at issue". CA ST CIVIL RULES Rule 3.1345.
Plaintiff's motion fails to comply with this requirement. Plaintiff also fails to address in any of its moving papers the basis for its entitlement to the requested deposition and the requested documents.
Good faith meet and confer communication should involve serious efforts at informal negotiation and resolution, including a meaningful assessment of the relative strengths and weaknesses of each party's position in light of all available information. (Townsend v. Superior Court (EMC Mortgage Co.) (1998) 61 Cal.App.4th 1431; Obregon v. Superior Court (Cimm's, Inc.) (1998) 67 Cal.App.4th 424). A reasonable and good faith attempt at informal resolution entails something more than bickering with opposing counsel; rather, the law requires that counsel attempt to talk the matter over, compare their views, consult, and deliberate. (Clement v. Alegre (2009) 177 Cal. App. 4th 1277).
The court therefore finds that Plaintiff's brief and perfunctory meet and confer letter sent the day prior to the filing of this motion does not meet the stated requirements. Civ. Proc. Code Sec. 2016.040 (a). Accordingly, Plaintiff's motion is hereby denied without prejudice.
CV-23-005108 - ESQUIVEL, JUDY vs MONTUY, POLLY - Defendants' Motion to Set Aside Default - GRANTED.
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The Court finds that Defendant's motion was filed within the statutory 6-month window and is supported by Counsels' Affidavit of Fault and Defendant's proposed Answer. Civ. Proc. Code Sec. 473(b); County of San Bernardino v. Mancini (2022), 83 Cal.App.5th 1095, rehearing denied, review denied.
Furthermore, mandatory relief is requested which is available even where Counsel's mistake, inadvertence, or neglect is inexcusable. Rodrigues v. Superior Court (2005) 127 Cal. App. 4 th 1027; In re Marriage of Nishida & Kamoda, (2026)120 Cal. App. 5th 298; Colon-Perez v. Security Industry Specialists, Inc. (2025) 108 Cal.App.5th 403 review granted;” Jackson v. Kaiser Foundation Hospitals, Inc. (2019) 243 32 Cal.App.5th 166; Luri v. Greenwald, (2003) 107 Cal. App. 4th 1119; Talbott v. Ghadimi, (2025)109 Cal. App. 5th 967.
Judicial policy also favors liberally granting relief under this provision and favors trying cases on their merits. (Kramer v. Traditional Escrow, Inc. (2020) 56 Cal.App.5th 13). Defendant's Proposed Answer amounts to substantial compliance with the Code provision and places Plaintiffs on notice of the defenses asserted. (Cnty. of Stanislaus v. Johnson, (1996) 43 Cal. App. 4th 832). Accordingly, the court grants the motion.
The Court sets a hearing for 9/11/26 at 8:30 a.m. in Department 24 for a consideration of reasonable fees and costs incurred by plaintiff as a result of defendant's actions. Plaintiff must file and serve by electronic mail a declaration in support of fees and costs by no later than 8/28/26. Any response by defendant must be filed and served by electronic mail by no later than 9/8/26. No reply to defendant's response is authorized or will be considered.