Judge: Eddie C. Sturgeon, Case: 37-2020-00023414-CU-PO-CTL, Date: 2023-08-17 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 10, 2023

08/11/2023  09:00:00 AM  C-67 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Eddie C Sturgeon

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Civil - Unlimited  PI/PD/WD - Other Discovery Hearing 37-2020-00023414-CU-PO-CTL MILLS VS HENRY [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 03/24/2023

On March 24, 2023, Cross-Complainant Benjamin Henry filed five motions to compel discovery against Cross-Defendant Fred Anguiano. On June 20, 2023, Cross-Complainant obtained a default against Cross-Defendant. (ROA 209.) 'A defendant against whom a default has been entered is out of court[.]' (Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.App.3d 381, 385 [internal quotation marks and citations omitted].) If Cross Defendant is out of court and is unable to defend the motions to compel, it does not appear that the court cannot hear them.

The court will hear from the parties on the propriety of hearing motions to compel against Cross Defendant Anguiano when he has been defaulted.

Additionally, the court notes that in reviewing the record, it appears there was an error in the minute order at ROA 179. The court modifies that minute order, nunc pro tunc, to reflect that it was Case No.

2021-46559 that was dismissed-not this case.

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