Jason A. Pollack v. Michael A. Tansill

individuals to remain silence or to prevent information relating to the sexual assault from becoming public or being disclosed to Plaintiff. The statute seeks to revive claims specifically where there was a cover up by an entity, so it follows that Plaintiff is required to allege facts relating to that cover up. He has not done so here. Even if Plaintiff had sufficiently alleged a cover up here, which he has not, Code of Civil Procedure section 340.16, subdivision (e)(7)(C), now states that claims against public entities are not revived under the statute.

The Court need not determine here, though, whether this is a new law or clarifying law, based on legislative history, because Plaintiff has failed to allege facts that a cover up occurred so as to revive his claim. Accordingly, Defendant The Regents of the University of California's Demurrer to Plaintiff's Second Amended Complaint is SUSTAINED without leave to amend.

Defendants Alexandra Zorina and Ram Venkat's Motion to Compel Plaintiff to Comply with Demand for Physical Examination is GRANTED. The parties shall meet and confer about a rescheduled Independent Medical Examination date before Nick Shamie, M.D., to occur within sixty (60) days of entry of this order. The Independent Medical Examination shall occur within normal business hours, between 8:00 a.m. and 5:00 p.m, and Plaintiff Joyce Kang is entitled to reimbursement for travel and mileage to the March 23, 2026 appointment date at the standard rate.

Defendants Alexandra Zorina and Ram Venkat to give notice. Defendants Alexandra Zorina and Ram Venkat ("Defendants") move the Court for an order compelling Plaintiff Joyce Kang ("Plaintiff") to attend her Independent Medical Examination ("IME") before Nick Shamie, M.D. Defendants contend that Plaintiff has failed to provide a date to rescheduled the examination after Dr. Shamie failed to attend the first scheduled examination, and they argue that it is improper for Plaintiff to condition her appearance on certain payments and restrictions.

Plaintiff agreed to attend the IME, but the examiner failed to show, and since then, the parties have failed to come to an agreement as to how to proceed with the IME. The Court has reviewed the papers and finds that the parties have engaged in a dialogue about rescheduling, but neither side has been particularly cooperative with the other, requiring court intervention. Accordingly, Defendants Alexandra Zorina and Ram Venkat's Motion to Compel Plaintiff to Comply with Demand for Physical Examination is GRANTED as follows: The parties shall meet and confer about a rescheduled Independent Medical Examination date before Nick Shamie, M.D., to occur within sixty (60) days of entry of this order.

The Independent Medical Examination shall occur within normal business hours, between 8:00 a.m. and 5:00 p.m, and Plaintiff Joyce Kang is entitled to reimbursement for travel and mileage to the March 23, 2026 appointment date at the standard rate. Case Number: 25SMCV05989 Hearing Date: August 19, 2026 Dept: N TENTATIVE RULING Plaintiff/Cross-Defendant Jason A. Pollack's Motion to Compel Compliance with a Deposition Subpoena and for Monetary Sanctions Against Killian Vendler and California Arborists LLC for $2,560.00 and or an Order Holding Them in Contempt of Court is DENIED.

Defendant/Cross-Complainant Michael A. Tansill's Request for Monetary Sanctions is GRANTED in the reduced amount of $1,200, payable by Plaintiff/Cross-Defendant Jason A. Pollack to Defendant/Cross-Complainant Michael A. Tansill and defense counsel within thirty (30) days of entry of this order. Plaintiff/Cross-Defendant Jason A. Pollack to give notice. Plaintiff moves the Court for an order compelling nonparties Killian Vendler and California Arborists LLC to comply with a deposition subpoena seeking documents relating to an appraisal report, neighbor dispute report, other report, communication between them and Defendant/Cross-Complainant Michael A.

Tansill ("Defendant"), and documents related thereto. (Mot., Pollack Decl. P. 2, Ex. A.) Plaintiff argues that Defendant identified Killian Vendler and California Arborists LLC as entities who had written an estimate or evaluation for the subject tree in the amount of $17,137.00. A party may obtain discovery pursuant to a deposition subpoena that commands the production of business records for copying. (Code Civ. Proc., Sec.Sec. 2020.010, subd. (a)(1), 2020.410.) If a nonparty disobeys a deposition subpoena, the subpoenaing party may seek a court order compelling the nonparty to comply with the

subpoena within 60 days after completion of the deposition record. (Code Civ. Proc., Sec. 2025.480, subds. (a)-(b).) Where the deposition subpoena requires the production of documents, the Court may make an order directing compliance with the subpoena. (Code Civ. Proc., Sec. 1987.1, subd. (a).) The Court has reviewed the subject subpoena and finds that it is overly broad, as it seeks documents and communication from two entities that are similar to attorney work product, despite the fact that the entities simply prepared an estimate for Defendant.

Plaintiff has made no attempt to limit the request, seeking the entities' entire file, without sufficient basis to do so. Accordingly, Plaintiff/Cross-Defendant Jason A. Pollack's Motion to Compel Compliance with a Deposition Subpoena and for Monetary Sanctions Against Killian Vendler and California Arborists LLC for $2,560.00 and or an Order Holding Them in Contempt of Court is DENIED. Defendant seeks monetary sanctions on the ground that Plaintiff has unsuccessfully made a motion to compel under Code of Civil Procedure section 2025.480, subdivision (j) ["The court shall impose a monetary sanction . . . against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel an answer or production, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust"].)

The Court finds that monetary sanctions are proper but reduces the amount to $1,200, representing three hours preparing the opposition and one hour appearing at the hearing on the motion, at the hourly rate of $300 per hour. Thus, Defendant/Cross-Complainant Michael A. Tansill's Request for Monetary Sanctions is GRANTED in the reduced amount of $1,200, payable by Plaintiff/Cross-Defendant Jason A. Pollack to Defendant/Cross-Complainant Michael A. Tansill and defense counsel within thirty (30) days of entry of this order.

Case Number: 26SMCV00415 Hearing Date: August 19, 2026 Dept: N Stephan Hornung represents that he is a member in good standing of all bars and with all courts in which he is admitted to practice, and he has not appeared in any other actions in California in the preceding two years. He has met the requirements of California Rules of Court, rule 9.40(d), he appears qualified and ready to appear pro hac vice, and there are no other facts or circumstances to show that his appearance in this action would cause a significant disruption of orderly justice.

Accordingly, Plaintiff Crescent Cove Opportunity Lending, LLC's Verified Application for Pro Hac Vice Admission of Attorney Stephan Hornung is GRANTED. Case Number: 26SMCV01673 Hearing Date: August 19, 2026 Dept: N TENTATIVE RULING Defendants The Standard Fire Insurance Company and The Travelers Indemnity Company's Application of Bryce L. Friedman to Appear As Counsel Pro Hac Vice is GRANTED. Defendants The Standard Fire Insurance Company and The Travelers Indemnity Company to give notice. Bryce L.

Friedman represents that he is a member in good standing of all bars and with all courts in which he is admitted to practice, and while he has appeared in three other actions in California in the preceding two years, this is not so much as to indicate that he is engaged in the practice of law in California. He has met the requirements of California Rules of Court, rule 9.40(d), he appears qualified and ready to appear pro hac vice, and there are no other facts or circumstances to show that his appearance in this action would cause a significant disruption of orderly justice.

Accordingly, Defendants The Standard Fire Insurance Company and The Travelers Indemnity Company's Application of Bryce L. Friedman to Appear As Counsel Pro Hac Vice is GRANTED. | Home -->)" -->