Judge: Mark H. Epstein, Case: 21SMCV01968, Date: 2023-02-03 Tentative Ruling

Case Number: 21SMCV01968    Hearing Date: February 3, 2023    Dept: R

The ex parte application is DENIED for lack of exigency.  The denial is WITHOUT PREJUDICE to a regularly filed motion in proper form—if this is a discovery motion, it must have all of the parts required.  A motion for terminating sanctions for discovery abuse is a form of discovery motion, in the court’s view.  While the court is not granting the ex parte, and while the court will require a properly filed motion that complies (or at a minimum substantially complies) with the Code of Civil Procedure and Rules of Court, if the assertions made are true, the ultimate motion might be granted.  Plaintiff should act accordingly in its opposition.  The court does not intend to hear argument on this matter today.