Judge: Joel R Wohlfeil, Case: 37-2023-00037230-CU-EN-CTL, Date: 2024-04-19 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 17, 2024

04/19/2024  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  Enforcement Motion Hearing (Civil) 37-2023-00037230-CU-EN-CTL DONNE RECOVERY LLC VS MITCHELL [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 03/19/2024

The Motion (ROA # 31) of Assignee of Record - Judgment Creditor, Donne Recovery, LLC ('Donne') for an order to compel the attendance and set the scope of the third-party examination of Gary LoCurto, on behalf of Singleton Schreiber, LLP ('Witness'), is CONTINUED until Thursday May 23, 2024 at 9:00 a.m. in D 73.

The Notice of Motion does not define the 'scope' of the proposed examination. Instead, the memorandum in support of this Motion states: 'Therefore, Donne requests that the Court grant this Motion and compel the Witness to attend the third-party examination as per the proposed order, thereby ensuring fairness and justice in light of the Judgment Debtors' ongoing evasion and reluctance to satisfy Donne's Judgment.' Page 12, lines 21 - 23. However, no such proposed order has been lodged or filed. As a result, this Court is unable to adjudicate the 'scope' of the proposed examination.

Plaintiff is ordered to file and serve this proposed order by Friday April 26, 2024. A courtesy copy should also be lodged directly in D 73.

Third-Party LoCurto is also permitted leave to file and serve supplemental opposition addressing the contents of the proposed order. Any supplemental opposition must be filed and served by Monday May 13, 2024.

No supplemental reply brief will be permitted.

IT IS SO ORDERED.

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