Judge: Joel R Wohlfeil, Case: 37-2021-00033024-CU-BC-CTL, Date: 2024-01-30 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 22, 2024

01/25/2024  01:30:00 PM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  Breach of Contract/Warranty Discovery Hearing 37-2021-00033024-CU-BC-CTL UTEST INC VS AXIUM BIORESEARCH [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 11/30/2023

1. The Motion (ROA # 247) of Plaintiff HANEY, INC. doing business under the assumed name UTEST ('Plaintiff') for an order compelling Defendant AXIUM BIORESEARCH ('Defendant') to produce a Person(s) Most Knowledgeable deponent, and for monetary sanctions against Defendant and its counsel of record, is GRANTED IN PART and DENIED IN PART.

Defendant is directed to produce a PMK within twenty (20) days of the hearing of this Motion; however, if Plaintiff does not take the deposition - as Defendant represents Plaintiff has done previously - Plaintiff waives its right to take this deposition.

Plaintiff's request for sanctions is DENIED. Defendant has not acted without substantial justification.

Defendant's counter request for sanctions is DENIED. Plaintiff has not acted without substantial justification.

_____ 2. The Motion (ROA # 251) of Plaintiff HANEY, INC. d / b / a UTEST ('Plaintiff') for an order compelling the deposition of Defendant SERGIUS ALBERT SALVATORE ('Defendant') to attend and testify at deposition, and for monetary sanctions against Defendant, is GRANTED IN PART and DENIED IN PART.

Defendant is directed to submit to a deposition within twenty (20) days of the hearing of this Motion; however, if Plaintiff does not take the deposition - as Defendant represents Plaintiff has done previously - Plaintiff waives its right to take this deposition.

Plaintiff's request for sanctions is DENIED. Defendant has not acted without substantial justification.

Defendant's counter request for sanctions is DENIED. Plaintiff has not acted without substantial justification.

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