Surdyk’s Decorating vs. McAllister

Discovery Motions

Plaintiff Gene Moran’s Motion to Compel Further Responses to Requests for Admission and Form Interrogatories are CONTINUED to ___.

“All discovery proceedings in the action shall be stayed upon the filing of a notice of motion made pursuant to this section. The stay of discovery shall remain in effect until notice of entry of the order ruling on the motion. The court, on noticed motion and for good cause shown, may order that specified discovery be conducted notwithstanding this subdivision.” (Code Civ. Proc., § 425.16(g).)

No good cause has been shown to permit discovery prior to the ruling on the Anti-SLAPP motion currently scheduled for hearing on 11/12/26.

19 23-01343055 Motion to Reinstate Default

Surdyk's Decorating vs. Plaintiff’s request to reinstate default and default judgment against McAllister Douglas McAllister is CONTINUED to___.

Plaintiff has informed the Court that the probate court continued the hearing to reopen the estate to December 9, 2026. Thus, this hearing shall be continued to allow for the probate court to complete its hearing regarding the reopening of the estate.

Additionally, the Court orders the 3-year time limitation on serving a defendant, tolled (from 1/27/25 to present) for impossibility. (Code Civ. Proc., §§ 583.210(a), 583.420(d).)

20 25-01533027 Motion to Strike - Anti SLAPP

Zuniga vs. 4Gen Defendants 4Gen Digital, Inc., Craig M. Thomas, Jacqueline Thomas, Digital, Inc. and Alexandria C. Phillips’ Special Motion to Strike the Complaint (Anti-SLAPP) is GRANTED in part and DENIED in part.

Defendants’ evidentiary objections

Defendants object to certain portions of the Declaration of Gilberto Orozco Zuniga.

Defendants’ objections are SUSTAINED.

Plaintiff’s allegations

Plaintiff Gilberto Orozco Zuniga filed a complaint against Defendants 4Gen Digital, Inc., Craig M. Thomas, Jacqueline Thomas, and Alexandria C. Phillips alleging the following causes of action in connection with his employment with Defendants:

1) Retaliation in Violation of FEHA Cal. Gov. Code § 12940(h); 2) Disability Discrimination Perceived Disability - FEHA Cal. Gov. Code § 12940(a);