Judge: Mark E. Windham, Case: 22STCP03494, Date: 2023-04-13 Tentative Ruling

If you desire to submit on the tentative ruling, you may do so by e-mailing Dept. 26 at the Spring Street Courthouse until the morning of the motion hearing.

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Case Number: 22STCP03494    Hearing Date: April 13, 2023    Dept: 26

PROCEEDINGS:     ORDER TO SHOW CAUSE RE: MONETARY SANCTIONS

MOVING PARTY:   None

RESP. PARTY:         None

 

 

TENTATIVE RULING:

 

THE ORDER TO SHOW CAUSE REGARDING MONETARY SANCTIONS FOR FAILURE TO PRODUCE DOCUMENTS IS PLACED OFF CALENDAR.

 

BASED ON THE RELIEF SOUGHT IN THE PETITION, THIS ACTION IS RECLASSIFIED AS AN UNLIMITED CIVIL CASE AND TRANSFERRED TO THE RECLASSIFICATION/TRANSFER DESK FOR REASSIGNMENT TO AN INDEPENDENT CALENDAR COURT. PETITIONER IS ORDERED TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS.

 

ALL HEARING DATES IN DEPARTMENT 26 OF THE SPRING STREET COURTHOUSE ARE VACATED. 

 

 

ANALYSIS:

 

On December 27, 2022, Petitioner Kimberly Kirchmeyer, Director, Department of Consumer Affairs, State of California (“Petitioner”) filed the instant action against Respondent Feliciano Antonio Serrano II, M.D. (“Respondent”). The Petition seeks an order to show cause and order compelling compliance with an investigational subpoena duces tecum pursuant to Cal. Government Code section 11880, et seq. (Pet., pp. 3:1-3, 7:19-8:3.) An order to show cause regarding monetary sanctions for failure to produce documents is set for April 13, 2023, in Department 26 of the Spring Street Courthouse.

 

The Limited Jurisdiction Court, however, lacks jurisdiction to issue the injunctive relief sought in the Petition. (Code Civ. Proc., §§ 85, 86.) Therefore, the hearing on the order to show cause is placed off calendar and the case is reclassified as an unlimited civil case and transferred to the Reclassification/Transfer Desk for collection of fees and reassignment of the case to an Independent Calendar Court. Petitioner is ordered to pay the reclassification fee within ten (10) days.

 

Court clerk to give notice.