Judge: Joel R Wohlfeil, Case: 37-2023-00023335-CU-OR-CTL, Date: 2024-03-22 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - March 18, 2024

03/22/2024  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  Other Real Property Motion Hearing (Civil) 37-2023-00023335-CU-OR-CTL ENL INVESTMENTS LLC VS SELAK [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 01/29/2024

1. The Motion (ROA # 75) of Defendants TRACY SELAK and JOSEPH SELAK ('Defendants') for an order compelling responses to DEFENDANTS' FORM INTERROGATORIES [SET ONE], REQUESTS FOR PRODUCTION [SET ONE], SPECIAL INTERROGATORIES [SET TWO], REQUESTS FOR ADMISSIONS [SET TWO], and TO DEEM FACTS ADMITTED [SET TWO], and for monetary sanctions against Plaintiff ENL INVESTMENTS, LLC ('Plaintiff'), is DENIED.

On February 2, 2024, the Court issued the following minute order (ROA # 86): 'The Court strikes the complaint and defendant is to prepare a judgment of dismissal to the complaint.' Accordingly, Plaintiff is no longer a party with a statutory obligation to respond to these sets of discovery.

This Motion is denied, without prejudice, to Defendant's ability to compel Plaintiff to compel responses to these discovery requests in the event that Plaintiff is re-instated as a party in this case. See, for example, ROA # 97.

_____ 2. The Motion (ROA # 79) of Defendants TRACY SELAK and JOSEPH SELAK ('Defendants') for further discovery sanctions and terminating sanctions for failure to comply with court order, and for monetary sanctions against Plaintiff ENL INVESTMENTS, LLC ('Plaintiff'), is DENIED.

On February 2, 2024, the Court issued the following minute order (ROA # 86): 'The Court strikes the complaint and defendant is to prepare a judgment of dismissal to the complaint.' Accordingly, Plaintiff is no longer a party with an obligation to comply with a Court order issued prior to the dismissal of Plaintiff's Complaint.

This Motion is denied, without prejudice, to Defendant's ability to compel Plaintiff to comply with the Court's prior order, in the event that Plaintiff is re-instated as a party in this case. See, for example, ROA # 97.

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