Judge: Mark H. Epstein, Case: 24SMCP00419, Date: 2025-01-03 Tentative Ruling

Case Number: 24SMCP00419    Hearing Date: January 3, 2025    Dept: I

The court is inclined to CONTINUE the evidentiary hearing on the validity of the contract.  The court is inclined to allow reasonable discovery.  Respondent will not make the client available and there seems to be no good reason.  This must be organized and go forward.  We will hold an appropriate hearing if needed.  The court is aware of the procedural issues, but we need to put them behind us and figure out how to go forward.  For now, the FSC will become a status conference that the evidentiary hearing is VACATED.  To some degree, the fact that plaintiff is proceeding by way of this ex parte is a gift to the defense, as it is highly likely that were this a regular motion and this were the state of play, the respondent would be sanctioned.  On the other hand, the fact that this ex parte was needed tells the court much about respondent’s good faith, or lack of it.  At this point, respondent would be well advised to be available for deposition at petitioner’s convenience.  However, as to the motion set for today, because the hearing will likely be continued, there is no urgency to the ex parte and it will be DENIED on that basis.