Judge: Kevin C. Brazile, Case: 22STCV30901, Date: 2023-04-17 Tentative Ruling

Hearing Date: April 17, 2023

Case Name: Exclusive Caregivers of California, Inc. v. Wildflower Brands Inc., et al.

Case No.: 22STCV21501 

Matter: (1) Motion to Compel

(2) Motion to Deem Admitted

Moving Party: (1) Defendants Wildflower Brands Inc.

(2) Defendant WMI Consulting Ltd.

Responding Party: (1) Unopposed

(2) Plaintiff Exclusive Caregivers of California, Inc.

Notice: OK

Ruling: The Motion to Compel is granted.

The Motion to Deem Admitted is denied.

The Notice of Related Case is denied.

Defendants to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

1. Motion to Compel 

Defendant Wildflower Brands Inc. seeks an order compelling the California Department of Tax and Fee Administration (“CDTFA”) to respond to its December 16, 2022, deposition subpoena for production of business records.  Defendant indicates that “CDTFA has advised movant that it will not file an opposition to this Motion, it will not appear at the hearing on this Motion, and that it will produce documents responsive to the Subpoena upon issuance by this Court of an order compelling compliance. Declaration of Peter J. Most ¶ 2 and Exhibits A – C thereto.”

Because there is no opposition, the Motion is granted.  (Cal. Rules of Court, Rule 8.54(c); Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)  Documents should be produced within twenty days.  

2. Motion to Deem Admitted

Defendant WMI Consulting Ltd. seeks to deem its requests for admission, set one, nos. 3, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 22, 23, 24, 26, 28, 29, 32, and 33 propounded on Plaintiff Exclusive Caregivers of California, Inc. admitted.  

Plaintiff indicates that it has served responses, such that the Motion is denied as moot.

3. Notice of Related Case 

A notice of related case has been filed as to case no. 23STCV06559.

The inquiry on a notice of related cases is whether the cases at issue (1) involve the same parties and are based on the same or similar claims; (2) arise from the same or substantially identical transactions, incidents, or events requiring the determination of the same or substantially identical questions of law or fact; (3) involve claims against, title to, possession of, or damages to the same property; or (4) are likely for other reasons to require substantial duplication of judicial resources if heard by different judges.  (Cal. Rules of Court, rule 3.300(a).)

The Court will not relate the subject cases because 23STCV06559 relates to a separate factual issue.

Defendants to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.