MERIBEAR PRODUCTIONS INC VS BRETT BAER

Tentative Rulings

Case Number: VC065653    Hearing Date: December 22, 2020    Dept: C

MERIBEAR PRODUCTIONS, INC. v. BAER

CASE NO.:  VC065653

HEARING:  12/22/2020JUDGE: OLIVIA ROSALES

#5

TENTATIVE ORDER

I. Cross-Defendants MERIBEAR PRODUCTIONS, INC. and MERIDITH BAER’s Motion for Summary Judgment, or alternatively, Summary Adjudication is CONTINUED to Tuesday, January 12, 2021 at 1:30 p.m. in Dept. SE-C.

II. Defendants SHOWROOM INTERIORS, LLC and SHOWROOM, INC.’s Motion for Summary Judgment on Plaintiffs’ Fourth Amended Complaint, or alternatively, for Summary Adjudication is CONTINUED to Tuesday, January 12, 2021 at 1:30 p.m. in Dept. SE-C.

Moving Party(s) to give Notice.

Case Number: VC065653    Hearing Date: November 03, 2020    Dept: C

MERIBEAR PRODUCTIONS INC v. BAER

CASE NO.: VC065653

HEARING: 11/3/20 @ 1:30 PM

[Remote appearances are encouraged and will be given priority.]

#7

TENTATIVE ORDER

I. Plaintiffs/Cross-Defendants Meribear Production, Inc. and Merideth Baer’s motion for specific sanctions for discovery abuse and violations of multiple court orders is DENIED without prejudice.

II. Cross-Defendants Meribear Production, Inc. and Merideth Baer’s motion for summary judgment or, in the alternative, summary adjudication is CONTINUED to Tuesday, 12/22/20 at 1:30 PM in Dept. C.

III. Defendants Showroom Interiors, LLC and Showroom, Inc.’s motion for summary judgment or, in the alternative, for summary adjudication is CONTINUED to Tuesday, 12/22/20 at 1:30 PM in Dept. C.

Plaintiffs to give NOTICE.

I.¿Motion for Sanctions

Plaintiffs/Cross-Defendants Meribear Production, Inc. and Merideth Baer move for terminating sanctions, or alternatively for evidence and issue sanctions.

In opposition, Defendants/Cross-Complainants contend that the motion is a duplication of prior motions directed at the Referee. However, the court finds that the instant motion is not duplicative because it contains new evidence, such as Blum’s forensic audit and findings, and contains new requests for relief, such as issue and evidence sanctions (in addition to terminating sanctions).

Because a Discovery Referee has been appointed in this matter since September 2017, and is familiar with the discovery issues in this case, the court directs Plaintiffs/Cross-Defendants to submit the instant motion with the Discovery Referee, to recommend to this court what further action is necessary to ensure a fair trial.

While the Discovery Referee has taken an “incremental approach” and found that “the history of Defendants’ repeated failures to comply… is well documented” and “monetary sanctions are not likely to be effective,” the Referee declined to impose “sanctions other than terminating sanctions” because that issue was not before the Referee at the time. (2/21/20 Report and Recommendation and 2/28/20 Order.)

Plaintiffs are directed to submit the moving and opposing papers to the Discovery Referee. No further briefing is allowed. The court requests that the Discovery Referee make the appropriate recommendations in light of the new evidence, the fact that trial is fast approaching, and the action is nearing the 5-year mandatory dismissal deadline.

II-III. Motions for Summary Judgment

The motions for summary judgment and/or summary adjudication are CONTINUED to Tuesday, 12/22/20 at 1:30 PM in Dept. C, to allow the Discovery Referee an opportunity to submit its recommendations prior to the hearing.