Case Number: KC069427 Hearing Date: February 18, 2020 Dept: J

HEARING DATE: Tuesday, February 18, 2020

NOTICE: NOT OK

RE: Stith v. Cervantes, et al. (KC069427)

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Defendant Maria Esther Cervantes’ MOTION TO COMPEL RESPONSES TO

REQUEST FOR PRODUCTION, SET ONE, AGAINST PLAINTIFF MICHAEL STITH

Responding Party: None (unopposed, as of 2/4/20, 9:22 a.m.; due 2/3/20)

Tentative Ruling

Defendant Maria Esther Cervantes’ Motion to Compel Responses to Request for

Production, Set One, Against Plaintiff Michael Stith is summarily DENIED for insufficient

CCP § 1005(b) notice.

Background

Plaintiff Michael Stith (“Plaintiff”) alleges as follows: Plaintiff and Defendant Maria Esther Cervantes (“Cervantes”) were involved in a business and romantic relationship. Plaintiff served as the property manager and partner on Cervantes’ five properties and they began a medical cannabis cultivation company (“company”) together. During Plaintiff’s four-month incarceration in 2016, Cervantes began giving away company property to Defendant Sheila Vazin (“Vazin”), did not follow up on the assignment and assumption of the company’s commercial lease agreement, accused Plaintiff of forging signatures on her checks and stealing her identity, falsely obtained a restraining order against Plaintiff and gave Vazin access to Plaintiff’s personal information so that Vazin could steal Plaintiff’s identity.

On February 9, 2018, Plaintiff filed a First Amended Complaint (“FAC”), asserting causes of action against Cervantes, Vazin and Does 1-100 for:

Abuse of Process

Slander Per See—CCP § 46

Conversion

Aiding and Abetting Conversion

Intentional Infliction of Emotional Distress

Breach of Fiduciary Duty

Breach of Contract

Negligent Infliction of Emotional Distress

The Final Status Conference is set for June 8, 2020. Trial is set for June 16, 2020.

Discussion

Cervantes moves the court for an order compelling Plaintiff to serve responses, without objections, to Cervantes’ Request for Production, Set No. One. Cervantes also sees sanctions against Plaintiff and/or his attorney of record, in the amount of $3,054.10.

The motion is summarily DENIED for insufficient CCP § 1005(b) notice. The motion was filed January 22, 2020 and mail-served that day for a February 18, 2020 hearing. CCP § 1005(b) states, in pertinent part, that “[u]nless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. . . if the notice if served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days. . .” February 12, 2020 and February 17, 2020 are court holidays (See CCP §12a) and are thus excluded as “court day[s]” for the purpose of calculating notice.