Judge: Jon R. Takasugi, Case: 20STCV13063, Date: 2023-03-28 Tentative Ruling

Case Number: 20STCV13063    Hearing Date: March 28, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

            Plaintiff Dawson’s motion to compel further is MOOT.

On 4/2/2020, Plaintiff Miawa Investment, Inc. and Maggie-Dawson, Inc. (collectively, Plaintiffs) filed suit against Zhou Cai, and Vista Selection, Inc., alleging: (1) breach of contract; and (2) fraud.

            On 5/26/2020, Zhou Cai and Vita Selection, Inc. filed a cross-complaint against Miawa Investment, Maggie-Dawson, Inc., Juan Li, and Seven Bubble, Inc., alleging: (1) breach of contract; (2) common counts; (3) fraud; (4) intentional tort; and (5) general negligence.

            On 3/1/2022, Vista Selection, Inc. filed a cross-complaint against MKM Trading, LLC and Christie Ly (collectively, MKM Defendants), alleging: (1) breach of contract; and (2) fraud.

            On 1/18/2022, Plaintiff Dawson’s counsel represented that they intended to withdraw the Motion to Compel Further Discovery Responses, currently set for hearing on 3/28/2023. Counsel was reminded to vacate the hearing via the Court's Reservation System, but did not do so.

            However, given counsel’s expressed intention to withdraw the motions, and the lack of motion practice leading up to the motion, the Court considers the motion withdrawn and therefore moot.

It is so ordered.

Dated:  March    , 2023

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. 

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