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24CV02857·butte·Civil·Discovery Dispute
Hearing 17 days agoCONTINUED

PLATTS, TOBIAS, II ET AL v. JOHNSON, MARK ET AL

Defendants’ Motion for Sanctions for Failure to Comply with the Court’s July 1, 2026 Order Compelling Further Discovery Responses; Request for Terminating and Monetary Sanctions

Hearing date
Aug 5, 2026
Department
Law & Motion
Prevailing
N/A
Next hearing
Sep 2, 2026

Motion type

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Parties

PlaintiffTobias Platts, II
DefendantMark Johnson

Ruling

for status of Judgment, which is to be prepared and submitted by counsel for the Defendant within two weeks.

3. 24CV02857 PLATTS, TOBIAS, II ET AL v. JOHNSON, MARK ET AL EVENT: Defendants’ Motion for Sanctions for Failure to Comply with the Court’s July 1, 2026 Order Compelling Further Discovery Responses; Request for Terminating and Monetary Sanctions The Proof of Service indicates that the Motion was served electronically on July 17, 2026, which is only 13 Court days’ notice. Pursuant to Code of Civil Procedure §1005(b), an additional 3 Court days’ notice is required, and pursuant to Code of Civil Procedure §1010.6(3)(B), an additional 2 Court days’ notice is required for electronic service.

Thus, notice here is insufficient. Additionally, the Court notes that the Motion was served on counsel ilan@hotelinjurylaw.com however, the only email address in the Court’s file is litigation@hotelinjurylaw.com, so notice is insufficient in this regard as well. The Motion is continued to September 2, 2026 at 9:00 a.m. to allow for proper notice and the filing of an additional proof of service. The Court vacates the Mandatory Settlement Conference on August 24, 2026 and sets the Mandatory Settlement Conference for September 11, 2026 at 3:00 p.m. with Judge Philip Heithecker.

4. 24CV03259 PARK, LISA ET AL v. GOSSAGE, IVAN EVENT: Plaintiffs’ Motion to Continue Trial Date, Trial Readiness Conference, Discovery, and all Trial Related Deadlines Plaintiffs’ Motion to Continue Trial Date, Trial Readiness Conference, Discovery, and all Trial Related Deadlines is denied, the Court not finding good cause for the requested continuance. The Court confirms the Trial Readiness Conference on August 13, 2026 at 1:30 p.m. and the Jury Trial on August 17, 2026 at 8:00 a.m. with a 3-day estimate.

5-6. 25CV01669 CONNELL, ZACKARY v. CRAFT, SHEILA ET AL EVENTS: (1) Defendant Melissa Crick’s Motion to Strike Re: First Amended Complaint (2) Zachary Connel’s Motion to Strike Defendant Sheila Craft’s Jury Demand The Court is in receipt of an untimely opposition, filed by Plaintiff Zachary Connell on July 28, 2026, the day before the reply was due pursuant to Code of Civil Procedure §1005(b). That Section requires an opposition be filed and served no later than 9 Court days before the hearing, which here was July 23, 2026. The Opposition is untimely and pursuant to Butte County Local Rule 3.11B, the Court refuses to consider such. Defendant Melissa Crick’s Motion to Strike Re: First Amended Complaint is deemed unopposed and is granted. Counsel for Defendant shall prepare and submit a form of order within two weeks.

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