Judge: Lee W. Tsao, Case: 23NWCV01673, Date: 2023-11-03 Tentative Ruling
Case Number: 23NWCV01673 Hearing Date: November 3, 2023 Dept: C
Modesti v. Pacific Santa Fe Industrial, et al.
Defendant Pacific Santa Fe Industrial’s Ex Parte
Application for an order Staying Discovery until hearing on Defendant’s
Demurrer or until after Defendant’s time to respond to a Second Amended
Complaint is GRANTED. “Once it is recognized that the complaint shows that
plaintiff has no claim, all concerned should be spared the expense of further
proceedings.” (Silver v. City of Los Angeles
(1966) 245 Cal.App.2d 673, 674–675.) Here, Plaintiff has sued for breach of
contract which Plaintiff attached to his First Amended Complaint (FAC). (FAC
Ex. A.) Based on review of the contract and Plaintiff’s allegations in the FAC,
the real party at interest is Greg Modesti, dba Just Pottery, Inc. (FAC ¶¶
11-14, Ex. A.) Thus, Plaintiff Greg Modesti is not the proper plaintiff, which
Defendant is challenging in its Demurrer and Motion to Strike. Therefore,
discovery shall be stayed until this Court rules on Defendant’s Demurrer and
Motion or until Defendant’s time to respond to a Second Amended Complaint
should one be filed.