Judge: Kerry Bensinger, Case: 22SRCV12440, Date: 2024-01-26 Tentative Ruling

Counsel may submit on the tentative ruling by emailing Dept. 31 before 8:30 the morning of the hearing. The email address is smcdept31@lacourt.org. Please do not call the court to submit on the tentative. Please do not submit to the tentative ruling on behalf of the opposing party. Please do not e-mail the Court if you plan to appear and argue.

In deciding whether to submit on the tentative ruling or attend the hearing and present oral argument, please keep the following in mind:

The tentative rulings authored by this court reflect that the court has read and considered all pleadings and evidence timely submitted to the court in connection with the motion, opposition, and reply (if any). Because the pleadings were filed, they are part of the public record.

Oral argument is not an opportunity to simply regurgitate that which a party set forth in its pleadings. Nor, is oral argument an opportunity to "make a record" when there is no court reporter present and the statements and arguments of counsel are already part of the record because they were set forth in the pleadings. Finally, simply because a party or attorney disagrees with the court's analysis and ruling or is not satisfied with it does not necessarily warrant oral argument when no new arguments will be articulated.

If you submit on the tentative, you must immediately notify all other parties email that you will not appear at the hearing. If you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the motions. If all parties to the motion submit, this tentative ruling will become the final ruling after the hearing date and it will be memorialized in a minute order. This tentative ruling is not an invitation, nor an opportunity, to file further documents relative to the hearing in question. No such document will be considered by the Court.

**Tentative rulings on Motions for Summary Judgment will only be available for review in the courtroom on the day of the hearing.



Case Number: 22SRCV12440    Hearing Date: January 26, 2024    Dept: 31

Tentative Ruling

 

Judge Kerry Bensinger, Department 31

 

 

HEARING DATE:      January 26, 2023                                         TRIAL DATE:  June 10, 2024

                                                          

CASE:                         NBZ Investments, LLC, et al. v. Calculated Risk Analyics, LLC, et al.

 

CASE NO.:                      22STCV12440

 

 

MOTION TO COMPEL FURTHER RESPONSES TO DISCOVERY

 

MOVING PARTY:               Plaintiffs NBZ Investments, LLC, et al.

 

RESPONDING PARTY:     Defendant Castle Mortgage Corporation

 

 

On May 5, 2023, Plaintiffs, NBZ Investments, LLC, and Neda and Behzad Zaman, filed this motion to compel Defendant, Castle Mortgage Corporation, to provide further responses to Plaintiffs’ Request for Production of Documents, Set Two, Nos. 93-109.  Plaintiffs request sanctions against Defendant and its counsel.  The motion is accompanied by a concise outline of the discovery issues rather than a separate statement.

 

            The parties have not participated in an Informal Discovery Conference (IDC) prior to the hearing of this motion.  The court further notes that Plaintiffs have filed two other motions to compel which are set to be heard on January 30, 2024 and February 16, 2024.  The parties have yet to participate in an IDC with respect to those motions.  Accordingly, the court will continue this motion and the January 30, 2024 motion to February 16, 2024 at 8:30 a.m. to allow the parties to participate in an IDC.  The parties are to notify the court if more time is needed to schedule an IDC.

 

Clerk of the Court to give notice. 

 

Dated:   January 26, 2024                              

 

   

 

  Kerry Bensinger  

  Judge of the Superior Court