IMMIGRANT RIGHTS DEFENSE COUNCIL, LLC vs GARCIA

1. CASE # CASE NAME HEARING NAME MOTION TO BE RELIEVED AS CVRI2403251 SMYTHE vs FREESE COUNSEL FOR JEREMY SMYTHE Tentative Ruling:

GRANT

2. CASE # CASE NAME HEARING NAME IMMIGRANT RIGHTS MOTION FOR CVRI2404889 DEFENSE COUNCIL, LLC RECONSIDERATION OF vs GARCIA ATTORNEY FEE AWARD Tentative Ruling:

DENY

3. CASE # CASE NAME HEARING NAME MOTION TO QUASH SERVICE OF CVRI2406684 NIEVES vs RODRIGUEZ PLAINTIFF'S DOE AMENDMENTS Tentative Ruling:

GRANT the Motion to Quash the 1/26/26 service. Plaintiffs are granted leave to correct the name of the Defendant and effect proper service.

The evidence here shows that Defendant Rodriguez’s 7/7/25 discovery responses first disclosed that she was acting within the course and scope of her employment with “Manzanita Assisted Living.” (Renge Decl. Para. 9, Ex. D.) Plaintiffs filed Doe amendments on 12/5/25 naming Manzanita Assisted Living and Manzanita Village at Rancho Belago. The post-discovery delay in filing the amendments here was about 5 months. Moreno Valley SL I Limited Partnership was not identified as the correct entity until after service of those amendments.

On the present record, Defendants have not established the prejudice required to invalidate the Doe amendments. There is no trial date currently pending in the action. Defendants make only generalized assertions that memories have faded and third-party records may be more difficult to obtain. This is not a sufficient showing. If Defendants need additional discovery, they may seek appropriate discovery relief or request a continuance of the trial setting conference. The Court quashes the 1/26/26 service without invalidating the Doe amendments or dismissing the action.

The Court does not reach the additional minority-tolling argument.

Plaintiffs are granted leave to correct the name of the Defendant and effect proper service.