Judge: Nick A. Dourbetas, Case: 2020-01155502, Date: 2022-07-22 Tentative Ruling

1.    Motion to Compel Production

2.    Motion for Bifurcation

Motion to Compel:

Defendants City of Fountain Valley and Fountain Valley Police Department’s motion to compel further responses to Request for Production of Documents, Set One, is GRANTED.  (Code Civ. Proc., § 2031.310 [authorizing motion].)

Plaintiff / petitioner Devon Taylor is ordered to provide further responses to Request for Production of Documents, Set One, Request Nos. 1-4 and 14-18, by producing responsive documents in compliance with Code Civ. Proc., § 2031.280, subd. (a), within 15 days.

The court finds that plaintiff’s failure to comply with his discovery obligations lacked substantial justification, and imposes sanctions of $1,640.00 against plaintiff Devon Taylor and his attorney of record, Corey Glave, jointly and severally.  Sanctions are payable to counsel for moving party within 30 days.

Moving party shall give notice.

Motion to Bifurcate:

Defendants City of Fountain Valley and Fountain Valley Police Department’s motion to bifurcate is GRANTED.  (Code Civ. Proc., §§ 598 [court’s discretion re: bifurcation], 1048, subd. (b) [same], 1094.5, subd. (a) [administrative mandamus claim “shall be heard by the court sitting without a jury”].)

The court orders that plaintiff’s third cause of action for writ of mandate shall be heard on November 4, 2022 at 9:30 AM in Dept. C14.  The parties may file briefs pursuant to Code.  Respondents shall lodge the administrative record at least seven court days prior to the hearing date.

The parties also discuss a stay of plaintiff’s remaining claims, as well as the potentially preclusive effect of the court’s determination on the writ of mandate; however, no request for relief regarding these issues was set forth in the notice of motion, nor any authority discussed.  Any request for a stay of proceedings is denied; any request for determination of collateral estoppel is premature.

The declaration by defense counsel Jennifer Rosner, as well as the attached exhibits, are ordered stricken, as they are irrelevant to the court’s determination of the instant motion.  (Overstock.com, Inc. v. Goldman Sachs Group, Inc. (2014) 231 Cal.App.4th 471, 508 [irrelevant documents may be stricken].) 

Moving parties shall give notice.