Judge: Michael Shultz, Case: TC028783, Date: 2023-03-09 Tentative Ruling
Case Number: TC028783 Hearing Date: March 9, 2023 Dept: A
German Munoz, et al. v. David Welch, et al.
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.
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
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.
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.
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.