SOLIS, SERENTIY vs PONCE, PALOMA MONIQUE

dba Pacific Construction Concepts shall: Serve verified, code-compliant further responses to Defendant's Requests for Production, Set One, Nos. 1 through 10, without unsupported general or boilerplate objections; Produce all nonprivileged responsive documents within Plaintiff's possession, custody, or control; Identify each produced document or category of documents by Bates numbers to the specific request number or numbers to which it responds; Serve a privilege log complying with Code of Civil Procedure section 2031.240(c) for any responsive material withheld based on attorney-client privilege or attorney work product; and Serve a response complying with Code of Civil Procedure section 2031.230 for any request as to which Plaintiff represents an inability to comply.

Defendant's request for monetary sanctions is GRANTED IN PART. Plaintiff Oscar Rodriguez dba Pacific Construction Concepts and Plaintiff's counsel, Tyler A. Kelly, are ordered, jointly and severally, to pay monetary sanctions of $3,060.00 to Defendant, through defense counsel, within 30 calendar days after service of notice of entry of this order for Defendant's reasonable attorney's fees and costs incurred in filing prosecuting this motion. (Civ. Proc. Code Sec. 2033. 030 (a)).

The $3,060.00 is calculated as follows: $1,200.00 for 3 hours to prepare the meet and confer letter; $600.00 for 1.5 hours in negotiating and preparing the stipulation; $1,200.00 for 3 hours preparing the motion; and $60.00 in filing fees. Defendant shall submit a Proposed Order that complies with the Court's ruling no later than September 8, 2026.

CV-25-003769 - SOLIS, SERENTIY vs PONCE, PALOMA MONIQUE - Defendant's Motion to Compel Production of Records of Kenneth Davis, MFT Pursuant to Deposition Subpoena and for Monetary Sanctions - WITHDRAWN, by moving party.

CV-26-002812 - OGBOGU, KENNETH vs ASHIEGBU, LINDA - Plaintiff's Motion for an Order Permitting Repossession of Mercedes Benz S550 - DENIED WITHOUT PREJUDICE.

Plaintiff has presented evidence supporting the probable validity of his claim to possession, including his declaration concerning the parties' oral agreement and documentary evidence that Plaintiff purchased, financed, and remains the registered owner of the vehicle. Plaintiff's evidence indicates that Defendant was permitted to use the vehicle on the condition that she make the associated payments and refinance the loan, and that she allegedly failed to perform those obligations.(Code of Civil Procedure section 512.040 and 512.050).

The present application is, however, deficient in omitting the required statement that the property is not held under a tax, assessment, fine, or execution levy, subject to the statutory qualifications (Code of Civil Procedure section 512.010(b)(5). The statutory notice which must advise Defendant that a writ will issue if the Court finds Plaintiff's claim probably valid and the other statutory requirements established is also absent. (Code of Civil Procedure section 512.040 and 512.050). Further, the information required to be included in the Notice of Application and Hearing is absent. (Code of Civil Procedure section 512.040 (b) -(d). Additionally, the present record does not establish that the undertaking requirements referenced in Code of Civil Procedure section 512.060 have been satisfied nor does Plaintiff address the undertaking issue at all.

Accordingly, Plaintiff's motion is denied without prejudice to a renewed application complying with Code of Civil Procedure sections 512.010 through 512.060 and the applicable undertaking requirements.

The following are the tentative rulings for cases calendared before Commissioner Richard D. Moths in Department 19 located at the Turlock Division at 300 Starr Avenue, Turlock, CA: ***There are no tentative rulings for Department 19***