Judge Pauline Maxwell
Department 6 SB-Anacapa
1100 Anacapa Street P.O. Box 21107 Santa Barbara, CA 93121-1107
CIVIL LAW & MOTION
Sheila Gianelli vs Mark Schwarz et al
Case No: 18CV02660
Hearing Date: Wed Mar 11, 2020 9:30
Nature of Proceedings: OSC Re Contempt and Issue Sanctions
Tentative Ruling: The court strikes the motion of defendants Eric A. Woosley and Law Office of Eric A. Woosley for an order to show cause, issue sanctions, and monetary sanction as untimely.
Background: On May 5, 2017, plaintiff filed an action in the Superior Court, Contra Costa County, against defendants Mark Schwartz, Eric Woosley, and Don Dennis, Jr., for legal malpractice, breach of fiduciary duty, and fraud. The action arises out of defendants’ representation of plaintiff in her action against The Home Depot in the United States District Court for the Eastern District of California (the “Home Depot case”).
In an order dated January 8, 2018, the Contra Costa Superior Court transferred the action to this county. Defendants Law Office of Eric A. Woosley, a Professional Corporation (erroneously sued as Eric Woosley), Mark Schwartz, and Don Dennis, Jr., answered the complaint. On February 11, 2019, plaintiff dismissed Dennis with prejudice.
On February 3, 2020, the court continued the Trial Confirmation Conference of February 19, 2020, to March 11, 2020, at 11:30 a.m. in Department 6. The court ordered that all trial related deadlines will be based on the new Trial Confirmation date.
Motion: Defendants Eric A. Woosley and Law Office of Eric A. Woosley move for an order to show cause re contempt, for issue sanctions, and a monetary sanction. The motion arises out of this court’s November 27, 2019 order granting, in part, defendants’ motion to compel plaintiff’s deposition testimony. Specifically, the court ordered that, “because there is nothing incriminating about helping someone with legal documents (so long as the person does not provide legal advice or engage in the practice of law), plaintiff will be required to answer questions about whether [her husband Eric Cover (“Cover”)] helped her prepare documents in this case. … Plaintiff must also answer questions about whether Cover helped her prepare any of the documents in this case. Plaintiff will not be required to testify about whether she received any help from a licensed attorney in drafting her complaint or about any matters relating to Cover’s criminal conviction.”
This is a motion concerning discovery, which must be heard on or before the 15th day before trial. CCP § 2024.020. This motion is scheduled to be heard on the day of trial. The court strikes the motion of defendants Eric A. Woosley and Law Office of Eric A. Woosley for an order to show cause, issue sanctions, and monetary sanction as untimely.