Judge: Loren G. Freestone, Case: 37-2022-00046883-CL-PN-CTL, Date: 2024-05-08 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 25, 2024

04/26/2024  10:30:00 AM  C-64 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Loren G. Freestone

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Civil - Limited  Professional Negligence Discovery Hearing 37-2022-00046883-CL-PN-CTL CARUSO VS MOFID [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING Defendants Mehrdad Mark Mofid and M. Mark Mofid, M.D. APC (collectively, Mofid)'s unopposed motion to compel Plaintiff Jonathan Caruso's deposition is GRANTED.

Caruso filed an untimely opposition a mere two days before the hearing without any explanation for the delay. The opposition has not been considered. (See Rancho Mirage Country Club Homeowners Assn. v. Hazelbaker (2016) 2 Cal.App.5th 252, 262 [noting 'a trial court has broad discretion to accept or reject late-filed papers,' and holding the fact the party filing the untimely opposition was pro per 'does not establish good cause' for the delay].) Caruso is ordered to appear for his deposition. Defendants may elect to conduct the deposition in a conference room at their attorneys' law firm. Defendants may also elect to videotape the deposition.

The deposition shall take placed within 10 days, unless otherwise agreed to by the parties.

Caruso did not act with substantial justification and the imposition of sanctions would not be unjust.

Defendants are therefore awarded $1,000 in monetary sanctions against Caruso, payable within 20 days.

Caruso's counter motion for a protective order is off calendar. No papers were filed.

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