CREDITORS ADJUSTMENT BUREAU, INC., vs AMANDO O SILVA, et al.

2025CLCL038272: CREDITORS ADJUSTMENT BUREAU, INC., vs AMANDO O SILVA, et al. 06/02/2026 in Department 20

MOTION TO COMPEL VERIFIED RESPONSES OR IN THE ALTERNATIVE, FURTHER RESPONSES TO PLAINTIFF’S FIRST SPECIAL INTERROGATORIES FROM DEFENDANT STARBRIGHT HOME HEALTH SERVICES, INC AND REQUEST FOR MONETARY SANCTIONS

MOTION TO COMPEL VERIFIED RESPONSES OR IN THE ALTERNATIVE, FURTHER RESPONSES TO PLAINTIFF'S FIRST DEMAND FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT STARBRIGHT HOME HEALTH SERVICES, INC AND REQUEST FOR MONETARY SANCTIONS

The morning calendar in courtroom 20 will normally begin at 8:30 a.m. Please arrive for your hearing no later than 8:20 a.m. The door will be opened before the calendar is called.

The Court allows appearances by CourtCall and Zoom. If appearing by CourtCall, call in no later than 8:20 a.m. If you wish to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the court day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the hearing will not be granted. No exceptions will be made.

For Zoom appearances, all counsel appearing by Zoom must email the court at Courtroom20@ventura.courts.ca.gov with a simultaneous copy to all other counsel/selfrepresented parties no later than 3:00 p.m. the court day before the hearing. INCLUDE THE PHRASE "ZOOM APPEARANCE ON (DATE OF HEARING)" IN THE SUBJECT LINE OF YOUR EMAIL. The email must identify the person who will make the appearance. You will receive the login information for your appearance in reply to your email. If appearing by Zoom, log into the hearing no later than 8:20 a.m. The Court will transfer you to the meeting room when the calendar begins. When you log in to Zoom, be sure that your name and the case name are used as your Zoom name. IF YOU DO NOT FOLLOW ALL OF THESE INSTRUCTIONS, YOU WILL NOT BE PERMITTED TO APPEAR BY ZOOM AT THE HEARING.

With respect to the tentative ruling below, no notice of intent to appear is required. If you wish to submit on the tentative ruling, you may email Courtroom20@ventura.courts.ca.gov with all counsel copied on the email. Do not call in lieu of sending an email. If you submit on the tentative without appearing and the opposing party appears, the hearing will be conducted in your absence. If you are the moving party and do not advise the Court that you submit on the tentative, or you do not appear at the hearing, the Court may deny your motion irrespective of the tentative.

Unless stated otherwise at the hearing, if a formal order is required but not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d), and (e). The signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized.

2025CLCL038272: CREDITORS ADJUSTMENT BUREAU, INC., vs AMANDO O SILVA, et al.

Motions:

1. Plaintiff’s Motion to Compel Verified Responses or in the alternative, Further Responses to Plaintiff’s First Set of Special Interrogatories from Defendant Starbright Home Health Services, Inc., (“Starbright”) and Request for Monetary Sanctions

2. Plaintiff’s Motion to Compel Verified Responses or in the alternative, Further Responses to Plaintiff’s First Demand for Identification, Production, Inspection and Copying of Documents and Other Things from Defendant Starbright, and Request for Monetary Sanctions

Tentative:

1. Plaintiff’s Motion to Compel Verified Responses or in the alternative, Further Responses to Plaintiff’s First Set of Special Interrogatories from Defendant Starbright and Request for Monetary Sanctions is GRANTED as follows: Defendant Starbright is ordered to provide codecompliant, verified answers to Special Interrogatories Nos. 1-14, without objection, on or before June 11, 2026.

The responses to Plaintiff’s special interrogatories were not verified by Defendant Starbright, and thus the “substantive” part of the responses is tantamount to no responses at all. (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 635.) The objections were asserted timely, but apparently not signed by counsel for Defendant in violation of Code of Civil Procedure section 2030.250, subdivision (c), which makes the objection portion of the responses defective. (Anvaripour Dec. ¶ 4.) There is no indication that defense counsel attempted to cure this defect or requested the opportunity to do so. Therefore, the Court finds that all objections are waived and the motion is timely filed as to the objections. Independently, the court finds the objections are without merit.

Plaintiff’s request for monetary sanctions against Defendant Starbright is GRANTED as follows: Sanctions in the amount of $300.00 (.5 hrs. x $600.00) are awarded in favor of Plaintiff and against Defendant Starbright; said sanctions to be paid on or before July 1, 2026.

Plaintiff’s request for monetary sanctions against attorney Matthew P. Cortez is DENIED. The Court’s tentative on the two companion motions relating to Defendant Silva and set for hearing on June 1, 2026 provides for sanctions in the amount of $600.00 against attorney Cortez for the failure to meet and confer. The motions set for today’s hearing appear to be identical to those scheduled for June 1, 2026, save for the substitution of Starbright’s name for Silva’s. The Court finds that the sanctions tentatively imposed against Mr. Cortez with respect to the motions scheduled for hearing on June 1, 2026 are sufficient for all four motions.

2. Plaintiff’s Motion to Compel Verified Responses or in the alternative, Further Responses to Plaintiff’s First Demand for Identification, Production, Inspection and Copying of Documents and Other Things from Defendant Starbright Home Health Services, Inc., and Request for Monetary Sanctions is GRANTED as follows. Defendant Starbright is ordered to provide code-

2025CLCL038272: CREDITORS ADJUSTMENT BUREAU, INC., vs AMANDO O SILVA, et al.

compliant, verified responses and all documents responsive to Plaintiff’s Demand for Production Nos. 1-5, without objection on or before June 11, 2026. The Court finds that all objections have been waived and the motion timely filed for the same reasons as set forth in the discussion regarding the motion to compel further responses to the Special Interrogatories, Set One.

Plaintiff’s request for monetary sanctions against Defendant Starbright is GRANTED as follows: Sanctions in the amount of $300.00 (.5 hrs. x $600.00) are awarded in favor of Plaintiff and against Defendant Starbright; said sanctions to be paid on or before July 1, 2026.

Plaintiff’s request for monetary sanctions against attorney Matthew P. Cortez is DENIED. The Court’s tentative on the two companion motions related to Defendant Silva provides for sanctions in the amount of $600.00 against attorney Cortez for the failure to meet and confer. The motions set for today’s hearing appear to be identical to those scheduled for June 1, 2026 save for the substitution of Starbright’s name for Silva’s. The Court finds that the sanctions tentatively imposed against Mr. Cortez with respect to the motions scheduled for hearing on June 1, 2026 are sufficient for all four motions.

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