Judge: Elaine Lu, Case: 22STCV09822, Date: 2023-04-28 Tentative Ruling

Case Number: 22STCV09822    Hearing Date: April 28, 2023    Dept: 26

22STCV09822

4/28/23

5/17/23 at 8:30 am - OSC re sanctions for failure to file proof of service, including .  Plaintiff’s Counsel is ordered to appear on 5/17/23 at 8:30 am and explain why sanctions (including monetary sanctions of at least $500 and/or dismissal) should not be imposed for failure to serve all named defendants, in compliance with California Rules of Court, Rule 3.720.  

If proof of service has not been filed at that time, then no later than five days before the OSC hearing, Plaintiff’s Counsel is also to file a declaration explaining the failure to file proofs of service of the summons and complaint as to all unserved defendants and explaining any and all efforts undertaken to attempt service of the summons and complaint on all named defendants. 

On April 28, 2023, Counsel for the parties participated in an informal discovery conference with the Court, at the conclusion of which the parties agreed as follows:

Plaintiff will remove all language regarding “indemnity” and “hold harmless” from the agreement proposed by Plaintiff. 

The parties met and conferred and agreed upon language for a waiver and release.

All individuals who may be venturing on Plaintiff’s roof, including all Tesla personnel, Tesla’s expert Leroux Konig, all Element personnel, Sergio Carlos Espinosa, Element’s expert Rick Harris, and personnel of Harris Roof Consulting Inc. will execute and provide to Plaintiff’s Counsel a fully executed waiver and release prior to entering onto the roof.

The parties entered into these stipulations in open Court.  Prior to finalizing this minute order, the Court posted this minute order on the Court’s online tentative ruling website, and all Counsel agreed to the accuracy of this minute order in reflecting the parties’ stipulations.

Defendants to give notice.