Judge: Jon R. Takasugi, Case: 24STCV09525, Date: 2025-04-30 Tentative Ruling
Case Number: 24STCV09525 Hearing Date: April 30, 2025 Dept: 17
Superior
Court of California
County
of Los Angeles
DEPARTMENT 17
TENTATIVE RULING
|
RAYMOND
DOUGLAS M.D., PH.D. vs. DINA
SZAFIR |
Case No.:
24STCV09525 Hearing
Date: April 30, 2025 |
Plaintiff’s
motions to compel initial responses to its Requests for Production, Special
Interrogatories, Form Interrogatories, and Requests for Admission are
CONTINUED. Defendant is in default with
a motion to vacate default set on 5/9/2025.
A motion hearing date will be set at the 5/9/2025 hearing on the motion
to set aside default.
On
4/16/2024, Plaintiff Raymond Douglas M.D., Ph.D, a Professional Corporation
(Plaintiff) filed suit against Dina Szafir (Defendant), alleging: (1) breach of
contract; (2) goods and services; and (3) account stated.
On
3/17/2025, Plaintiff moved to compel initial responses to its Requests for
Production, Form Interrogatories, and Special Interrogatories. Plaintiff also
moved to have its Requests for Admission deemed admitted.
However,
on 3/24/2025, Defendant moved to set aside default. Given that Defendant cannot
participate in litigation if and until default is set aside, the Court
continues this motion until the motion to set aside default has been heard.
This will provide Defendant an opportunity to either moot this motion by
providing responses or oppose the motion to argue why initial responses should
not be provided. This will serve the interests of judicial economy by eliminating
the future motion practice that would likely result if this motion were granted
before default was set aside.
Based on the
foregoing, Plaintiff’s motions to compel initial discovery are continued. A
motion hearing date will be set at the 5/9/2025 hearing on the motion to set
aside default.
It is so ordered.
Dated: April
, 2025
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. For more information, please contact the court clerk at (213)
633-0517.