Judge: Michael Small, Case: 20STCV37011, Date: 2025-01-31 Tentative Ruling

Inform the clerk if you submit on the tentative ruling. If moving and opposing parties submit, no appearance is necessary.

Case Number: 20STCV37011    Hearing Date: January 31, 2025    Dept: 57

The Court has reviewed the objections of Facecake and Linda Smith to the proposed order submitted by Mark Fisher that is intended to memorialize the Court's ruling granting Fisher's motion for discovery sanctions against Facecake.  The objections suggest that Facecake and Ms. Smith may have a malpractice case against their prior counsel.  The objections do not, however, directly address whether the proposed order is commensurate with the failure Facecake to comply with discovery orders over an extended period of time in this case; relatedly, the objections do not offer an alternative, proposed revised order.    The evidentiary record before the Court indicates the pattern of noncompliance long predates the onset of the serious health issues with which Ms. Smith has been dealing and that are emphasized in the objections to the proposed order.  

The Court is taking off calendar the OSCs regarding the striking of Facecake's claims against Fisher and its answer to Fisher's cross-complaint.  The OSCs were placed on calendar because, with the exit of Facecake's prior counsel from the case following the Court's order granting counsel's motion to be relieved, Facecake was self-represented -- a status in which corporate parties to litigation cannot be. Since the last hearing date, Miles Cooley and Theresea Troupson, who appeared for Facecake and Smith at that hearing, have formally substituted in as counsel for Facecake and Smith.  

The Court strongly encourages the parties to resolve this case.