Judge: Kerry Bensinger, Case: 23STCV05596, Date: 2023-11-30 Tentative Ruling
Case Number: 23STCV05596 Hearing Date: March 1, 2024 Dept: 31
Tentative Ruling
Judge Kerry Bensinger, Department 31
HEARING DATE: March 1, 2024 TRIAL DATE: July 22,
2024
CASE: Fredrick Smith v. Clearpath Federal Credit Union
CASE NO.: 23STCV05596
MOTION
TO COMPEL FURTHER RESPONSES TO DISCOVERY
MOVING PARTY: Defendant
Clearpath Federal Credit Union
RESPONDING PARTY: No opposition
This is a wrongful termination action. On October 10, 2023, Michael J. Jaurigue and
Amanda L. Thompson, counsel for Plaintiff, Fredrick Smith, filed a Motion to be
Relieved as Counsel. The court granted
the motion on January 5, 2024. As such,
Plaintiff is currently self-represented.
On October 12, 2023, Defendant, Clearpath Federal Credit
Union, filed this motion to compel Plaintiff to provide verifications and
further responses to Requests for Production, Set One, Nos. 13-14, 18-19, 25, and
28-30. The motion was scheduled to be
heard on March 1, 2024. Defendant filed
a proof of service indicating Plaintiff’s counsel was served with this motion on
behalf of Plaintiff.
Given that Plaintiff is no longer represented by counsel,
Defendant is directed to serve Plaintiff with this motion by personal
service. The court also notes Defendant
has discovery motions set for hearing on March 5, 2024. The court will also continue those motions to
April 26, 2024 and will require Defendant to serve Plaintiff with the March 5,
2024 motions by personal service. Defendant
is to file proof of service with the court no later than 5 court days before
the April 26, 2024 hearing date.[1]
Clerk of the Court to give
notice.
Dated: March 1, 2024
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Kerry Bensinger Judge of the Superior Court |
[1] The parties have not participated
in an Informal Discovery Conference (IDC) prior to the hearing for the motion
to compel further. However, given that Plaintiff is self-represented, the
court will not impose the IDC requirement.