Judge: Mark H. Epstein, Case: 22SMCV01644, Date: 2024-11-22 Tentative Ruling

If the parties wish to submit on the tentative ruling and avoid a court appearance on the matter, the moving party must contact the opposing party and all other parties who have appeared in the action and confirm that each will submit on the tentative ruling. Please call the court no later than 4:30 p.m. on the court day before the hearing, leave a message with the court clerk at (310) 260-3629 advising her that all parties will submit on the tentative ruling and waive hearing, and finally, serve notice of the Court's ruling on all parties entitled to receive service. If any party declines to submit on the tentative ruling, then no telephone call is necessary, and all parties should appear at the hearing.

Case Number: 22SMCV01644    Hearing Date: November 22, 2024    Dept: I

The application is DENIED.  The court would be inclined to continue the debtor’s exam if that were all that is before the court.  But the issue is more than that.  Counsel stated that he had authority to accept service.  But then, there was a motion to quash for lack of service.  At this point, the court is quite concerned that someone is lying either to the court or to plaintiff, or both.  The court takes that sort of thing seriously, even if defendants do not.  If there were travel plan problems, they should have been raised at the hearing or weeks ago.

Nor is the court overly enamored of defendants’ promises of resolution.  The court has heard the defense sing that song before, but nothing has ever come of it.