Judge: Daniel S. Murphy, Case: 22STCV06479, Date: 2022-08-26 Tentative Ruling
Case Number: 22STCV06479 Hearing Date: August 26, 2022 Dept: 32
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JEFF HOLLAND, Plaintiff, v. MIKE MALIN, Defendant. |
Case No.: 22STCV06479 Hearing Date: August 26, 2022 [TENTATIVE]
order RE: plaintiff’s motion to compel further
responses |
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BACKGROUND
On February 22, 2022, Plaintiff Jeff
Holland filed this action against Defendant Mike Malin, alleging (1) breach of
contract, (2) promissory fraud, and (3) intentional misrepresentation. The
complaint stems from a loan that Plaintiff made to Defendant which Defendant
has not repaid. Plaintiff alleges that Defendant lied about his intent to
invest the money in order to induce Plaintiff into making the loan.
On July 14, 2022, Plaintiff filed
the instant motion to compel further discovery responses. On July 15, 2022, the
Court overruled Defendant’s demurrer and ordered an answer to be filed within
20 days. Defendant did not file an answer, and a default was entered on August
16, 2022.
CONCLUSION
The motion is moot due to the
default entered on August 16, 2022. Plaintiff’s motion to compel further
responses is DENIED.