MOTION TO COMPEL PLAINTIFF’S RESPONSES, WITHOUT OBJECTIONS, TO SPECIAL INTERROGATORIES (SET ONE) AND REQUEST FOR SANCTIONS
1. CASE # CASE NAME HEARING NAME MOTION TO BE RELIEVED AS CVRI2500385 AGUAYO VS MORALES COUNSEL FOR MICHAEL MORALES Tentative Ruling:
GRANT
2. CASE # CASE NAME HEARING NAME CVRI2500799 GONG VS YAZDANI DEMURRER ON COMPLAINT Tentative Ruling:
OVERRULE the demurrer.
Defendant to Answer within 20 days.
Plaintiff has sufficiently alleged a cause of action for trespass. On demurrer, the court takes all of Plaintiff’s allegations as true. Here, the easement that is allegedly being infringed upon has been described as appurtenant, servient, non-exclusive and public. Defendant’s arguments seeking a declaration of the easement rights and burdens of the parties is more properly addressed in a Motion on the Pleadings or a Motion for Summary Adjudication. Defendant cannot state that the Complaint is so insufficient that Defendant does not have a clear understanding of the allegations against it so as to file an Answer and conduct discovery in the matter.
3. CASE # CASE NAME HEARING NAME MOTION TO COMPEL PLAINTIFF’S RESPONSES, WITHOUT CARONNA VS OBJECTIONS, TO SPECIAL CVRI2504126 CALIFORNIA BAPTIST INTERROGATORIES (SET ONE) UNIVERSITY AND REQUEST FOR SANCTIONS IN THE AMOUNT OF $3,210.00 Tentative Ruling:
DENY
Defendant has indicated that she has served supplemental, code compliant responses to the special interrogatories. This motion to compel is therefore moot. If Plaintiff is
unsatisfied with the responses, Plaintiff should file a motion to compel further responses within 45 days.
No Sanctions.
4. CASE # CASE NAME HEARING NAME CVRI2505271 SRNKA VS MADDUX MOTION FOR ATTORNEYS FEES Tentative Ruling:
GRANT the motion for fees and costs in the sum of $15,254.90.
Plaintiff is the prevailing party on the CCP § 425.16(c) motion. The court finds Plaintiff counsel’s billing rate of $400 to be reasonable and consistent with the prevailing rates in the geographic area of the court’s jurisdiction. The total time expended on researching and drafting the motion is excessive. The court will reduce the total time expended by 25%. Hence, the compensable time for the motion is 34.8 hours (46.4 – 11.6), plus 3 hours for the drafting a reply and preparing for the hearing of the fee motion, for a total of 37.8 hours @ $400= $15,120. Costs are $134.90. Total costs and fees are $15,254.90.
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5. CASE # CASE NAME HEARING NAME WASHINGTON VS THREE CVRI2506639 DEMURRER ON COMPLAINT PEAKS CORP Tentative Ruling:
Continue the hearing on the motion to July 29, 2026, at 8:30am D-4.
The parties meet and confer efforts are insufficient. CCP § 430.41(a) requires the parties meet and confer in person, or via telephone of videoconference for the purpose of resolving the objections raised in the demurrer. (emphasis added). Here, it appears that the meet and confer efforts were solely through email. (Chang Decl. Paragraph 4.)
Defendant’s counsel to file a declaration at least 10 days before the continue hearing date stating the means by which the parties met and conferred and identifying the remaining issues that the parties were unable to resolve.