Judge: Cynthia A Freeland, Case: 37-2023-00012085-CU-BC-NC, Date: 2023-12-08 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - December 07, 2023

12/08/2023  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 Motion Hearing (Civil) 37-2023-00012085-CU-BC-NC LABORATORY CORPORATION OF AMERICA VS. INTERCHANGE PHYSICIANS NETWORK, INC. [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 07/11/2023

Defendant Shaylee Morrison ('Defendant')'s motion to compel Plaintiff Laboratory Corporation of America ('Plaintiff') to provide responses to Form Interrogatories – Limited Civil Cases (Economic Litigation) (Set One), and for sanctions, is denied.

On October 20, 2023, the court sustained Defendant's demurrer to Plaintiff's First Amended Complaint with leave to amend. See ROA No. 30. The October 20, 2023 minute order directed Plaintiff to file and serve a Second Amended Complaint within ten (10) days of the hearing, or by October 31, 2023. On October 31, 2023, Defendant served Plaintiff with a copy of the October 20, 2023 minute order via U.S.

Mail. See ROA No. 31. As of the date of this ruling, Plaintiff has not filed a Second Amended Complaint.

Although no motion to dismiss has been filed under California Rules of Court, Rule 3.1320(h), there presently is no operative pleading against Defendant and thus no reason for an order compelling Plaintiff to respond to outstanding discovery. Consequently, the motion is denied as moot.

In light of the foregoing, the court denies the motion as moot.

This is the tentative ruling for the hearing at 1:30 p.m. on Friday, December 8, 2023. If no party appears at the hearing, this tentative ruling will become the order of the court as of December 8, 2023. If the parties are satisfied with the court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the court and each other of their intention not to appear, though this notice is not required.

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