REFUGIO ESQUIVEL VS. SEA CONSTRUCTION, INC., A CALIFORNIA CORPORATION, ET AL

The unopposed motion is DENIED for lack of proof that all parties received proper notice of the hearing date. The motion was filed on November 14, 2025, with a requested and noticed hearing date of February 20, 2026. The POS indicates it was served that same day. However, upon filing the Clerk of the Court edited the hearing date and changed it to May 15, 2026. To date, the record does not reflect that plaintiff filed or served an amended notice of hearing with the correct date.

Furthermore, by Court Order the parties attended an Informal Discovery Conference (“IDC”) on February 25, 2026. The Minutes of that IDC reflect Defendant’s commitment to serve code compliant responses without objection and produce responsive documents by March 16, 2026, which upon receipt Plaintiff was instructed to file a notice of withdrawal of this motion. Plaintiff failed to file a notice of withdrawal, and the Court Clerk’s email request to all counsel to confirm if these motions were to be withdrawn was inextricably not responded to. As such, the motion is DENIED and now dropped from calendar.