Judge: Cynthia A Freeland, Case: 37-2016-00019863-CU-NP-NC, Date: 2023-08-10 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - July 20, 2023

07/21/2023  01:30:00 PM  N-27 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Cynthia A. Freeland

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Civil - Unlimited  Non-PI/PD/WD tort - Other Motion Hearing (Civil) 37-2016-00019863-CU-NP-NC ANDERSON VS MISCALL [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Strike, 10/04/2022

The court will hear the matter.

Plaintiff Ivy Anderson ('Plaintiff')'s motion for issue and evidence sanctions last came on for hearing on June 9, 2023. Defendant/Decedent Laurence Miscall, Jr., through his personal representative Daniel Miscall, did not file a written opposition to the motion. However, counsel appeared at the June 9, 2023 hearing and argued the motion's merits. The court also invited a discussion on how to move the case toward a resolution given Mr. Miscall's unfortunate passing on February 14, 2023. The court continued the matter to the July 21, 2023 calendar to allow the parties an opportunity to discuss the foregoing issues. See ROA No. 393. On July 17, 2023, Plaintiff's counsel filed a declaration which the court construes as a status report. See ROA No. 398. Plaintiff's counsel represents that on July 17, 2023, the parties agreed to participate in a mediation/settlement conference. See Pagano Decl., ¶ 5, Ex. C.

The parties should attend the hearing prepared to discuss, among other things, the present status of the case, potential mediation/settlement conference dates, and how they wish to proceed with the present motion.

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2984583