Judge: Matthew C. Braner, Case: 37-2022-00040335-CU-PO-CTL, Date: 2023-10-27 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 26, 2023

10/27/2023  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2022-00040335-CU-PO-CTL HEBERT VS PAPA JOHNS PIZZA [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant Papa John's International, Inc.'s motion to deem the truth of matters specified in requests for admission as admitted is DENIED as moot.

The request for sanctions is denied.

This court dismissed Defendants Papa Johns International, Inc. without prejudice on October 13, 2023.

(ROA #54.) As such, Defendant's motion is moot and is denied solely on that basis.

As to sanctions, the court does not believe they are appropriate under the circumstances. Prior to the dismissal, Plaintiff Orzie Hebert attempted to dismiss Defendant via a request for dismissal on September 28, 2023, but dismissal was not entered. (ROA #46.) This attempt was consistent with counsel's representations at the August 11, 2023 hearing on Defendant's previous motion to compel.

Thus, Plaintiff's efforts to dismiss Defendant were in good faith.

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