CHAD LEAF v. MATTHEW CAPLAN, ET AL

Pursuant to Marin County Rule, Civil 2.13B, on April 15, 2026, Joel Gumbiner, Esq. was appointed to preside as Discovery Facilitator for Plaintiff’s Motion to Quash Deposition Subpoenas. The Court has not received a Declaration of Non-Resolution from either party, in particular the moving party, within five court days prior to the hearing on the motion, as required by MCR Civ 2.13H. The declaration was due on May 8, 2026.

The Court reminds the parties that compliance with MCR Civ 2.13H not only includes the timely filing of the Declaration of Non-Resolution by each party five court days prior to the hearing, but also requires that “[t]he Declaration shall not exceed three pages and shall briefly summarize the remaining disputed issues and each party’s contentions.” (MCR Civ 2.13H(1), emphasis added.)

The Court concludes that this discovery matter has been or is being resolved by the facilitator. The motion is therefore ordered OFF CALENDAR. (MCR Civ 2.13H(2).) Should the parties fail to reach resolution through the facilitator, either party may request (by ex parte application) that the Court reset the motion for hearing.

Parties must comply with Marin County Superior Court Local Rules, Rule 2.10(A), (B), which provides that if a party wants to present oral argument, the party must contact the Court at (415) 444-7046 and all opposing parties by 4:00 p.m. the court day preceding the scheduled hearing. Notice may be by telephone or in person to all other parties that argument is being requested (i.e., it is not necessary to speak with counsel or parties directly.) Unless the Court and all parties have been notified of a request to present oral argument, no oral argument will be permitted except by order of the Court. In the event no party requests oral argument in accordance with Rule 2.10(B), the tentative ruling shall become the order of the court.

IT IS ORDERED that evidentiary hearings shall be in-person in Department L. For routine appearances, the parties may access Department L for video conference via a link on the court website. Kindly turn your camera on when your case is called and make sure the party or lawyer making the appearance is properly identified on the screen.

FURTHER ORDERED that the parties are responsible for ensuring that they have a good connection and that they are available for the hearing while using the virtual remote courtroom. If the connection is inadequate, the Court may proceed with the hearing in the party’s absence. If it is determined that you are driving your car during the hearing, you will be removed from the virtual courtroom. (Yes, this happens).