Judge: Loren G. Freestone, Case: 37-2022-00037768-CU-PA-CTL, Date: 2023-08-04 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 03, 2023

08/04/2023  10:30:00 AM  C-64 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Loren G. Freestone

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Civil - Unlimited  PI/PD/WD - Auto Motion Hearing (Civil) 37-2022-00037768-CU-PA-CTL PODPORA VS SUMMERS [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING Defendant Johnathan Summers' motion for disclosure of Plaintiff Jacob Podpora's employment/personnel records from San Diego County Sheriff's Department pursuant to Evidence Code section 1043 is CONTINUED.

A motion under Evidence Code section 1043 must be served upon the governmental agency that has custody and control of the records. (Evid. Code, § 1043, subd. (a).) A proof of service must be filed no later than five court days before the hearing. (Cal. Rules of Court, rule 3.1300(c).) Courts may continue a motion if the file lacks a proper proof of service. (See Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2023) ¶ 9:15.1.) The proof of service for the motion only shows electronic service upon Podpora. There is no proof of service for the San Diego County Sheriff.

Summers filed a reply referencing an opposition by the San Diego County Sheriff. However, no such opposition is on file.

Accordingly, it is not clear whether the motion was properly served on the San Diego County Sheriff, nor is it clear whether and on what grounds the San Diego County Sheriff opposes the motion. The motion is therefore continued to September 1, 2023 at 10:30 am.

Summers shall file a proof of service in advance of the hearing showing proper service upon the San Diego County Sheriff of both the moving papers and a copy of this order. The San Diego County Sheriff may file an opposition per code.

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