Judge: Daniel S. Murphy, Case: 22STCV06479, Date: 2022-08-26 Tentative Ruling

Case Number: 22STCV06479    Hearing Date: August 26, 2022    Dept: 32

 

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

 

 

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.