Tentative Ruling

Judge Donna Geck
Department 4 SB-Anacapa
1100 Anacapa Street P.O. Box 21107 Santa Barbara, CA 93121-1107

CIVIL LAW & MOTION
Robert S. Shumake Living Trust 1994 vs Jason Q. Wilson Trust Dated October 18, 2007 et al
Case No: 19CV00313
Hearing Date: Fri Feb 21, 2020 9:30

Nature of Proceedings: (4) Motions to Compel

TENTATIVE RULING:

For the reasons set forth herein, the motions of defendant Louis Armstrong and Associates, LLC, to compel further responses to written discovery from plaintiff Robert S. Shumake Living Trust 1994 are continued to March 27, 2020, at 9:30 a.m.

Background:

On October 7, 2019, defendant Louis Armstrong and Associates, LLC, (LAA) served its first sets of special interrogatories, form interrogatories, requests for production of documents, and requests for admission on plaintiff Robert S. Shumake Trust (Shumake Trust). (E.g., Sandler decl. re special interrogatories, ¶ 2.)

On November 12, 2019, counsel for Shumake Trust, attorney Rafael Bernardino, Hobson, Bernardino & Davis LLP, filed his motion to be relieved as counsel.

On November 25, 2019, following the granting of extensions, Shumake Trust served responses to the discovery in the form of objections. (E.g., Sandler decl. re special interrogatories, ¶¶ 3-5.)

On December 6, 2019, counsel for LAA sent a meet and confer letter to counsel for Shumake Trust regarding the discovery. (E.g., Sandler decl. re special interrogatories, ¶ 6 & exhibit A.) There was no response to this letter. (Id. at ¶ 7.)

On December 13, 2019, a hearing was held on counsel’s motion to be relieved as counsel for Shumake Trust. The court granted the motion with withdrawal effective upon the filing of proof of service of notice of the order. (Minute Order, Dec. 13, 2019, p. 1.) The written order states counsel is relieved “effective upon the filing of the proof of service of this signed order upon the client.” (Order, filed Dec. 17, 2019, p. 1.) Notice of that ruling was provided by counsel for LAA.

Proof of service of the signed order on Shumake Trust has not been filed with the court. The proof of service attached to the order is dated November 8, 2019—before the order was signed—and so must refer to service of the proposed order. Even this proof of service does not list service on the Shumake Trust.

On January 2, 2020, LAA filed these four motions to compel further responses to the written discovery. As set forth in the proofs of service attached to each motion, each of these motions was served on former counsel for Shumake Trust but otherwise as to the Shumake Trust. Hearing is noticed for February 21.

On January 9, 2020, LAA filed an additional proof of service of the moving papers on both Shumake Trust and on counsel for Shumake Trust.

On February 13, 2020, LAA filed its notice of receiving no opposition to any of its four motions. The notice of non-opposition was served on Robert S. Shumake.

Analysis:

Based upon the moving papers, the court is disposed to grant the motions and to grant sanctions against Shumake Trust. However, at this time, there is confusion in the file as to the present status of attorney Rafael Bernardino, Hobson, Bernardino & Davis LLP, as counsel for Shumake Trust. The court’s file does not contain proof of service on Shumake Trust of the order granting counsel’s motion to withdraw. Consequently, there is an issue as to whether Shumake Trust or its (soon to be effective) former counsel are responsible for responding to this motion. To avoid any later procedural claims relating to these motions, the court will continue the hearing on these motions to March 27, 2020 (there is also a scheduled case management conference on that day)

Moving party Louis Armstrong and Associates, LLC, shall give notice of this order on both Rafael Bernardino, Hobson, Bernardino & Davis LLP, and on Robert S. Shumake as trustee for the Robert S. Shumake Living Trust 1994. Until proof of service on the Shumake Trust of the court’s signed order granting counsel’s motion to withdraw is filed with the court, the court considers Rafael Bernardino, Hobson, Bernardino & Davis LLP, remaining as counsel for plaintiff. Opposition to this motion shall be filed and served on or before March 16, 2020. Any reply or further notice of non-receipt of opposition is to be filed on or before March 20, 2020.