Judge: Cynthia A Freeland, Case: 37-2021-00015048-CU-BC-NC, Date: 2024-04-19 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - April 18, 2024

04/19/2024  01:30:00 PM  N-27 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Cynthia A. Freeland

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Civil - Unlimited  Breach of Contract/Warranty Discovery Hearing 37-2021-00015048-CU-BC-NC QSX, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY VS. ALB LAND, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 01/30/2024

The court will hear the matter.

On November 27, 2023, the court entered a judgment in Defendant/Judgment Creditor John Cabral ('Judgment Creditor')'s favor and against Plaintiff/Judgment Debtor Rick Cardenas ('Judgment Debtor') in the amount of $46,827.07. See ROA No. 176. On December 18, 2023, Judgment Creditor electronically served Judgment Debtor with Judgment Debtor Interrogatories (Set One) and Judgment Debtor Requests for Production (Set One) (collectively, the 'Discovery Requests'). See Israel Decl., Exs.

1-4. Judgment Debtor's responses initially were due by January 19, 2024. See Cal. Code Civ. P. §§ 708.020(a) and (c), 708.030(a) and (c), 1010.6(a)(3)(B), 2030.260(a), 2031.260(a). On January 24, 2024, Judgment Creditor's counsel sent Judgment Debtor's counsel a meet and confer email regarding the outstanding discovery responses. See Israel Decl., Ex. 5. Judgment Creditor filed and served the pending motion on January 30, 2024. See ROA Nos. 183-185. As of January 30, 2024, Judgment Debtor had not served responses or documents responsive to the Discovery Requests. See Israel Decl., ¶ 9. The foregoing, in general, would constitute grounds to grant the motion. See Cal. Code Civ. P. §§ 2030.290(b), 2031.300(b).

However, Judgment Debtor, in his opposition, represents that he has fully responded to the Discovery Requests and thus the pending motion is moot. See Cardenas Decl., ¶¶ 5, 12, 16. Judgment Debtor, however, did not provide the court with copies of his responses or evidence of when he served those responses as of the date this ruling was prepared. Additionally, Judgment Creditor did not file a reply brief confirming or denying receipt of Judgment Debtor's purported responses. Nor has Judgment Creditor withdrawn the pending motion as of the date this ruling was prepared. The court notes, however, that the parties executed a Stipulation on March 21, 2024 under which they agreed to continue Judgment Debtor's examination from March 22, 2024 to April 19, 2024 at 8:30 a.m. (before the 1:30 p.m.

hearing on the pending motion). See ROA No. 192. Furthermore, the Register of Actions shows that on March 19, 2024, Judgment Creditor personally served Judgment Debtor with an Order to Appear for Examination and a Request for Production of Documents at Judgment Debtors Examination. See ROA No. 189. As such, the court does not know what the status of the outstanding discovery is and/or the status of the pending motion.

The court directs counsel to attend the hearing prepared to discuss the foregoing developments as well as the status of the pending motion.

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3083175