Judge: Jon R. Takasugi, Case: 21STCV28098, Date: 2023-03-22 Tentative Ruling

Case Number: 21STCV28098    Hearing Date: March 22, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s motion to compel is DENIED, WITHOUT PREJUDICE.

On 7/30/2021, Plaintiff Inferno California, Inc. (Plaintiff) filed suit against New City Releasing, Inc. and Alan B. Bursteen (collectively, Defendants), alleging: (1) fraud in the inducement; and (2) breach of contract.

            Now, Plaintiff moves to compel the deposition of Nile Niami as PMQ of Marbella Construction, Inc.  

Discussion

            The Court is unable to reach the substance of this motion due to procedural issues. The only moving paper that could be located for this motion was a document titled “Reply to Opposition to Motion to Compel” filed by Plaintiff on 3/15, five Court days before the hearing. No initial motion or opposition could be located in eCourt. As such, the Court is unable to determine that Marbella Construction, Inc. was given notice of a motion to compel (or even served with an actual initial motion), nor is clear what opposition Plaintiff refers to given that no such opposition appears in eCourt.  Moreover, whereas a typical reply is five-pages, Plaintiff’s motion was 10 pages long and resembled an initial motion in substance and form. Given these uncertainties, the Court is unable to consider this motion. Plaintiff must refile a motion to compel which abides by CRC rules regarding notice and formatting.

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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