Judge: Laura A. Seigle, Case: 21STCV05513, Date: 2023-01-24 Tentative Ruling
Case Number: 21STCV05513 Hearing Date: January 24, 2023 Dept: 15
[TENTATIVE] ORDER RE MOTION FOR FINANCIAL DISCOVERY
On December
20, 2022, Plaintiff Mae Moore brought an ex parte application for permission to
file a 30-page brief in support of a motion to take financial discovery of
Defendant Whittaker Clark & Daniels, Inc.
The court denied the ex parte application because Plaintiffs did not
show good cause for such a long brief.
On December
23, 2022 Plaintiff filed the motion to take financial discovery of Defendant
Whittaker Clark & Daniels, Inc. The memorandum
of points and authorities is 28 pages long.
In filing such a long brief, Plaintiff ignored the court’s ruling on Plaintiff’s
ex parte application and California Rules of Court, rule 3.1113(d), which
limits opening memorandum to 15 pages.
Because
the motion violates Rule 3.1113(d) and flouts the court’s order on the ex parte
application, the court strikes the over-long memorandum and takes the motion
off calendar. If Plaintiff files the
motion again, Plaintiff must comply with all rules regarding the format of
motions.
The
motion is OFF CALENDAR.
The moving
party is to give notice.