Judge: Peter A. Hernandez, Case: 22STCV10380, Date: 2022-10-11 Tentative Ruling

Case Number: 22STCV10380    Hearing Date: October 11, 2022    Dept: O

1-3. The hearing on the Motions referenced below is CONTINUED to December 5, 2022 at 9:30 a.m. [see below].

Background[1]  

Plaintiff Daren Allen Webber (“Plaintiff”) alleges as follows:

Plaintiff and Defendant Nancy Arias Arias (“Defendant”) are spouses. In December 2019, Defendant hit Plaintiff in front of their minor children, causing Plaintiff to suffer a black eye. Defendant thereafter destroyed Plaintiff’s photo documenting his injury by entering Plaintiff’s “cloud storage” account and deleting same. Defendant also threatened Plaintiff with a knife. Defendant has publicly accused Plaintiff of rape and of physical and financial abuse, both during and after family court proceedings.

On March 28, 2022, Plaintiff filed a First Amended Complaint, asserting causes of action against Defendant for:

1.                  General Negligence

2.                  General Negligence

3.                  General Negligence

4.                  General Negligence

On July 14, 2022, this case was transferred from Department 29 of the Personal Injury Court to this instant department.

A Status Conference is set for December 5, 2022.

Discussion

In Motion #1, Plaintiff moves the court for an order sanctioning Defendant for her alleged conduct in acting with Dinandrea Vega (“Dinandrea”)[2] to a dissuade third-party witness Lenin Isak Vega Webber (“Lenin”)[3] from providing testimony.

In Motion #2, Plaintiff moves the court for an order compelling Defendant and Lenin to attend their respective depositions and to produce responsive documents.

In Motion #3, Plaintiff moves the court for an order compelling Defendant, as legal guardian of minors Allan Kaneda Webber Arias (“Allan”) and Alexandre Manuel Webber Arias (“Alexandre”), to attend their respective depositions.[4]

The court notes that there is a family law case between Plaintiff and Defendant currently pending in Department 43 of the Stanley Mosk Courthouse (Case No. 21STFL02765). Accordingly, the court will continue the hearing on the instant motion, to December 5, 2022 at 9:30 a.m. The court will order the case stayed in the interim.

Plaintiff is instructed to file a Notice of Related Cases pursuant to California Rules of Court Rule 3.300 in both this instant case and in Case No. 21STFL02765 within five calendar days.

Plaintiff is instructed to provide notice.


[1]           Motion #1 was filed (and served via mail) on July 25, 2022 and set for hearing on October 11, 2022. Motion #2 was filed on August 15, 2022 (personally served on Nancy Arias Arias on August 14, 2022, mail-served on Lenin Isak Vega Webber on August 14, 2022, mail-served on Nancy Arias Arias on May 23, 2022) and set for hearing on September 12, 2022. Motion #3 was filed on August 29, 2022 and set for hearing on October 6, 2022. On September 6, 2022, a “Notice Re: Continuance of Hearing and Order” was filed, wherein the October 6, 2022 scheduled hearing for Motion #3 was continued to October 11, 2022; notice was given to Plaintiff and Defendant (both in pro per). On September 6, 2022, another “Notice Re: Continuance of Hearing and Order” was filed, wherein the September 12, 2022 scheduled hearing for Motion #2 was continued to October 11, 2022; notice was given to Plaintiff and Defendant (both in pro per). On September 12, 2022, a proof of service was filed, which reflected that a “Notice Re: Continuance of Hearing and Order Re Hearing on Motion to Compel Discovery (‘Not Further Discovery’) Previously Set for Hearing on 09/12/2022 at 9:30 a.m. in Department O to 10/11/2022 at 9:30 a.m. Department O” had been served via mail to Lenin Isak Vega Webber. On September 12, 2022, a second proof of service was filed, which reflected that a “Notice of Motion and Motion to Compel Attendance at Deposition re Allan Kaneda Webber Arias and Alexandre Manuel Webber Arias c/o Nancy Arias and Notice Re: Continuance of Hearing and Order Re Hearings on Motions to Compel Discovery (‘Not Further Discovery’) Previously Set for Hearing on 09/12/2022 and 10/6/2022 at 9:30 a.m. in Department O to 10/11/2022 at 9:30 a.m. Department O” had been personally served to “Allan Kaneda Webber Arias and Alexandre Manuel Webber Arias (minor children) (C/O Nancy Arias Arias (Defendant and legal guardian/custodial parent).” Motion #2 does not appear to have been personally served on Lenin Isak Vega Webber, as per California Rules of Court rule 3.1346.

[2]              Plaintiff represents that Dinandrea is the mother of his son Lenin. (See Motion #1, Page 2, Paragraph 3.)

[3]              Plaintiff represents that Lenin is his son. (Id.)

[4]              Plaintiff represents, in his second supplemental memorandum filed on October 3, 2022, that Allan and Alexandre are eleven and ten years old, respectively, and are the children of Plaintiff and Defendant.