Judge: Michael Shultz, Case: TC028783, Date: 2023-03-09 Tentative Ruling

Case Number: TC028783    Hearing Date: March 9, 2023    Dept: A

TC028783 German Munoz, et al. v. David Welch, et al.

Thursday, March 9, 2023 at 8:30 a.m.




             The operative Fifth Amended Complaint (5AC) alleges that Plaintiffs, German Munoz and Connie Lopez, owned Therapeutic Health Collective (THC) (collectively, Plaintiffs) and had the right to possess permits and licenses to operate a medical marijuana dispensary. Defendants allegedly filed fraudulent and misleading corporate documents with the California Secretary of State purporting to merge THC with Pacoima Recovery Collective and took physical possession of Plaintiffs’ sellers’ permit. Plaintiffs allege claims for conversion, fraud, unjust enrichment, declaratory relief, preliminary injunction, and for unfair business practices under Business & Professions Code, section 17200. 

            Plaintiffs argue that Defendants refuse to appear for depositions, objecting on grounds that Plaintiffs unilaterally scheduled the dates, although Plaintiffs have met and conferred with defense counsel and repeatedly asked for mutually convenient dates. It is not an excuse for failing to appear. Defendants also objected to production of documents.

            Defendants argue that the parties have scheduled dates for both depositions, one of which will occur before the hearing on this motion. Defendants are not refusing to appear.

            While the Court can compel parties to appear for their scheduled depositions, the parties are required to schedule an Informal Discovery Conference with the Court prior to hearing the motion. Absent a showing of good cause, the Court will not hear a discovery motion before conducting an IDC. (Crtrm. Info, p. 3.).

            Plaintiff is ordered to comply with the foregoing rule. The Court continues the hearing on the motion to _________________________________ at 8:30 a.m. in Department A of the Compton Courthouse to take place after the IDC.