Julian Lawrence Colberg v. 2017-2 IH Borrower LP and Invitation Homes Operating Partnership LP

attorney who unsuccessfully makes or opposes a motion to compel further responses unless the Court finds substantial justification or other circumstances making sanctions unjust. Here, Defendant requests $167.45 in monetary sanctions against Plaintiff and his counsel. Defendant's initial motion asserted that Plaintiff had produced no documents in response to RFP Set Two. Plaintiff disputed that assertion in Opposition. In Reply, Defendant corrected his June 2 declaration and acknowledged that Plaintiff's April 25, 2026 service included approximately 106 pages of documents labeled for seven of the fifteen requests. (Mosquera Supp.

Decl., P.P. 3-5.) Following the June 30 order, Plaintiff also served supplemental verified responses and a 150-page document production, and the parties substantially narrowed the disputes presented by the motion. Defendant now seeks no further response or production as to RFP Nos. 1 through 4 and 6 through 15. As to RFP No. 5, the Court denies Defendant's request to compel further production and finds Plaintiff's tax-return privilege objection justified. Under these circumstances, an award of monetary sanctions against Plaintiff or his counsel would be unjust.

Defendant's request for monetary sanctions is denied. CONCLUSION Defendant Joel Mosquera's Motion to Compel Plaintiff's Further Responses to Requests for Production of Documents, Set Two, and for Monetary Sanctions is DENIED.

Hearing Date: September 9, 2026 Case Number: 26CHCV01208 DEFENDANTS 2017-2 IH BORROWER LP AND INVITATION HOMES OPERATING PARTNERSHIP LP'S DEMURRER TO PLAINTIFF'S AMENDED COMPLAINT Motion filed on June 3, 2026. MOVING PARTY: Defendants 2017-2 IH Borrower LP and Invitation Homes Operating Partnership LP RESPONDING PARTY: Plaintiff Julian Lawrence Colberg NOTICE: OK. RELIEF REQUESTED: Defendants seek an order sustaining their demurrer to Plaintiff's Amended Complaint without leave to amend. RULING: Continued to October 26, 2026.

BACKGROUND/DISCUSSION On March 26, 2026, Plaintiff Julian Lawrence Colberg (Plaintiff) filed the Complaint against Defendants 2017-2 IH Borrower LP and Invitation Homes Operating Partnership LP (collectively, Defendants), alleging negligence arising from allegedly unsafe conditions at rental properties leased from Defendants. On May 1, 2026, Plaintiff filed the operative First Amended Complaint, again alleging negligence. On June 3, 2026, Defendants filed the instant Demurrer and Request for Judicial Notice.

Plaintiff filed oppositions on August 31, 2026, and September 1, 2026. A court may take judicial notice of records of any court of this state. (Evid. Code, Sec. 452, subd. (d).) When a matter subject to judicial notice under section 452 is of substantial consequence to the determination of

the action, and the court proposes to take judicial notice of that matter, the court must afford each party a reasonable opportunity to present information concerning the propriety of taking judicial notice and the tenor of the matter to be noticed. (Evid. Code, Sec. 455, subd. (a).) Here, Defendants request judicial notice of records from Plaintiff's prior action and appeal. The Second Appellate District docket reflects that the appeal in Colberg v. Invitation Homes, Case No. B354126, was dismissed on July 16, 2026.

That dismissal was not included in Defendants' Request for Judicial Notice. The Court proposes to take judicial notice of the July 16, 2026 dismissal and continues the hearing to permit the parties to address the dismissal and its effect, if any, on the Demurrer. CONCLUSION The hearing on the Demurrer is continued to October 26, 2026, at 8:30 a.m. in Department F-46. The parties may each file one supplemental brief, not exceeding five pages, by October 5, 2026. No further briefing is permitted absent leave of Court. | Home -->)" -->