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Notice Of Motion And Motion For An Order To Compel Plaintiffs Gary N. Neil, Angela Noriega (Neil), And Gary A. Neil Compliance With Court'S Order And For Monetary And Terminating Sanctions
Set for Law and Motion/Discovery Calendar on Tuesday, September 16, 2025, Line 5. DEFENDANT GOOSEHEAD INSURANCE AGENCY, LLC.'S Motion For An Order To Compel Plaintiffs Gary N. Neil, Angela Noriega (Neil), And Gary A. Neil Compliance With Court'S Order And For Monetary And Terminating Sanctions.
Defendant Goosehead Insurance Agency, LLC's Motion to Compel Compliance, for Terminating Sanctions and for Monetary Sanctions is GRANTED IN PART AND DENIED IN PART.
Plaintiffs and/or counsel Andrew Dimitriou shall pay the $5,785 by October 17, 2025. Plaintiffs and Dimitriou are jointly and severally liable for the discovery sanctions. Dimitriou has been representing that payment would be made for months yet consistently missed the payments. He claims financial issues but has not made even a portion of a payment. In any event, Plaintiffs are equally liable for payment of the sanctions and there is no evidence that they cannot pay or why. If the payments are not made, Defendant may commence other collection efforts. (Newland v. Superior Court (1995) 40 Cal.App.4th 608, 615 ["monetary sanction orders are enforceable through the execution of judgment laws."].)
The record does not demonstrate Plaintiffs and Dimitriou acted with substantial justification, and it demonstrates Plaintiffs and Dimitriou have, yet again, violated a court order (and continue to be in violation of earlier orders). Plaintiffs and Dimitriou shall pay an additional $1,490 to Defendant Goosehead Insurance Agency, LLC as sanctions, payable no later than October 17, 2025.
Plaintiffs' counsel is ordered to present this executed order to his clients and file a copy of the order with an acknowledgement of receipt executed by each Plaintiff, and shall do so by October 17, 2025. Prior to the hearing time, Defendant shall prepare an order that repeats this ruling verbatim prior to the hearing to contestdept302tr@sftc.org.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.
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Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.
The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/JMQ) | |