Judge: Carolyn M. Caietti, Case: 37-2020-00037831-CU-WT-CTL, Date: 2024-02-14 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 08, 2024

02/09/2024  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Unlimited  Wrongful Termination Motion Hearing (Civil) 37-2020-00037831-CU-WT-CTL VILLALVA VS BOMBARDIER MASS TRANSIT CORPORATION [IMAGED] CAUSAL DOCUMENT/DATE FILED:

On the Court's own motion, Defendant Bombardier Mass Transit Corporation's Motion for Sanctions Under C.C.P., ยง 128.7 is CONTINUED to May 3, 2024, at 10:30 a.m. in Department 70 and will be heard with Defendant's Motion for Summary Judgment/Adjudication.

Separately, there is no current order allowing Defendant to increase the page limit nor incorporate by reference its Motion for Summary Judgment for this renewed motion for sanctions. The Court understands why Defendant made this assumption given the Court's order (before reassignment to this department) allowing this on the previous motion for sanctions, but before it was withdrawn. However, the parties should not continue to make these assumptions, please follow the California Rules of Court (CRC) and seek leave if necessary.

Comparatively, but more blatantly, Plaintiffs filed a single-spaced opposition violating CRC 2.108(1) as a way to avoid exceeding the 15-page limit in violation of CRC 3.1113(d). It also appears the font size is smaller than 12 points. (CRC 2.104.) The Declaration of Clarice Letizia is also missing pages 2 and 3.

Plaintiffs are ordered to resubmit their opposition in compliance with the CRC by February 16, 2024.

Plaintiffs may not revise or add to their arguments. Any request for additional pages of briefing will require a court order.

There are also two pages missing from Plaintiffs' counsel's declaration. Plaintiffs may file an errata, adding the missing pages only, by February 16, 2024, as well.

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