DecisionDepot
California Legal Research
All cases
CGC24611380·sf·Civil·Discovery
OFF CALENDAR

CHRISTINA REGINA ELISA DE SIMONE VS. MARK GIANCARLO DEVITO ET AL

Motion To Compel Mental Examination

Hearing date
May 14, 2026
Department
302
Prevailing
N/A
Appearance
Not required

Motion type

Other

Parties

PlaintiffCHRISTINA REGINA ELISA DE SIMONE
DefendantMARK GIANCARLO DEVITO
DefendantBRENNAN MATTHEW KALL
DefendantCHRISTOPHER KALL

Ruling

Defendants/Cross-Complainants Brennan Matthew Kall And Christopher Kall's Motion To Compel Mental Examination is OFF CALENDAR. Defendants/Cross-Complainants noticed their motion for hearing on 5/19/2026. On 4/27/2026 and by written order, the court, the Honorable Richard C. Darwin presiding, without conducting a hearing granted Defendants/Cross-Complainants ex parte to shorten time and advance the hearing to 5/14/2026. The court also advanced the date for any opposition to May 5, 2026. Defendants/Cross-Complainants, however, failed to file a notice of entry of the 4/27/2026 order or otherwise prove they gave notice of the order to the other parties. There is no record the other parties waived notice. On this record, proceeding according to the 4/27/2026 order would violate fundamental tenets of due process.

Cited authorities

Extracting citations from the ruling text…

Extracted by Gemini Flash from the ruling text. Verify against the source PDF — LLM extraction may miss or mis-normalize citations.

Looking for case law or statutes not cited here? Search published authorities

Ask about this ruling

Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”

Powered by Gemini Flash Lite. Answers reference only this ruling's text. Not legal advice — always verify against the source PDF.

Source

Share