Judge: Carolyn M. Caietti, Case: 37-2020-00043959-CU-WM-CTL, Date: 2023-10-20 Tentative Ruling
SUPERIOR COURT OF CALIFORNIA,
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HALL OF JUSTICE
TENTATIVE RULINGS - October 19, 2023
10/20/2023 10:30:00 AM C-70 COUNTY OF SAN DIEGO
JUDICIAL OFFICER:Carolyn Caietti
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Civil - Unlimited Writ of Mandate Motion Hearing (Civil) 37-2020-00043959-CU-WM-CTL LATHAM VS CA DEPT OF CORRECTIONS AND REHABILITATION AND WARDEN MARCUS POLLARD RJ DONOVAN [IMAGED] CAUSAL DOCUMENT/DATE FILED:
On the Court's own motion, Respondent Department of Corrections and Rehabilitation's Motion to Declare Petitioner a Vexatious Litigant is CONTINUED to November 17, 2023, at 1:30 p.m. in Department 70.
Based on Respondent's reply, there appears to be an issue of whether Petitioner served all of his opposition documents. (ROA 186 – Respondent's Notice of Non-Opposition.) On May 15, 2023, Petitioner filed his first opposition declaration, which was served on May 8, 2023.
(ROA 147-148.) The record also reflects Petitioner submitted a Memorandum of Points and Authorities in May 2023 that was rejected by the Court. (ROA 149.) It is unclear if this memorandum relates to this motion.
On June 1, 2023, Petitioner filed his second opposition declaration. (ROA 152.) This declaration does not include a proof of service.
On July 12, 2023, Petitioner filed his third opposition declaration. (ROA 166.) This declaration does not include a proof of service, but Respondent acknowledges its receipt. (ROA 186.) For completeness and given the nature of the relief requested, the Court would like a complete record of the papers and for both sides to have the opportunity to fully respond to each other's positions. For these reasons, the Court will continue the motion and order the following.
Orders Petitioner is ordered to re-file and serve the opposition papers Petitioner previously filed to Respondent's Motion to Declare Petitioner a Vexatious Litigant by October 27, 2023. (E.g., ROA 147-148, 152, 166 & any previously rejected memorandum.) No new opposition papers will be considered.
Respondent may reply to the opposition papers by November 9, 2023.
On the Court's own motion, the hearing on Respondent's Motion to Declare Petitioner a Vexatious Litigant is CONTINUED to November 17, 2023, at 1:30 p.m. in Department 70.
Respondent is ordered to serve a copy of this ruling on Petitioner by October 24, 2023.
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2968519 47 CASE NUMBER: CASE TITLE: LATHAM VS CA DEPT OF CORRECTIONS AND 37-2020-00043959-CU-WM-CTL Subject to any security concerns by the prison, the Court orders Valley State Prison to allow Petitioner Joshua Latham (Booking No. G-48528) to appear by telephone at the scheduled Motion to Declare Plaintiff a Vexatious Litigant hearing on November 17, 2023, at 1:30 p.m. in Department 70 of the San Diego Superior Court before the Hon. Carolyn Caietti. Petitioner may telephone or appear virtually through Microsoft Teams at (619) 614-4567 (Input Conference ID: 625 885 242#) or by calling the Court directly at (619) 450-7070.
The clerk of the Court is ordered to serve this minute order on the Litigation Coordinator at Valley State Prison.
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2968519 47