Judge: Michelle C. Kim, Case: 21STCV40572, Date: 2023-11-29 Tentative Ruling

Case Number: 21STCV40572    Hearing Date: November 29, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

IVAN N. CASTELLANOS, ET AL., 

Plaintiff(s),  

vs. 

 

GERARDO MARTINEZ, ET AL., 

 

Defendant(s). 

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      CASE NO: 21STCV40572 

 

[TENTATIVE] ORDER FINDING MOTIONS MOOT AND TAKING MOTIONS TO COMPEL RESPONSES OFF CALENDAR   

 

Dept. 31 

1:30 p.m.  

November 29, 2023 

 

Defendant Elida Martinez (“Defendant Elida”) propounded form interrogatories, set one, and request for production of document, set one, on Plaintiff Miguel A. Castellanos (“Plaintiff Miguel”) on May 20, 2022. To date, Plaintiff Miguel has not served any responses. Defendant Elida therefore seeks an order compelling Plaintiff Miguel to respond, without objections, to the outstanding discovery.  

 

Thereafter, on November 27, 2023, Plaintiffs’ counsel filed a Notice of Settlement of Entire Case providing that the parties entered into an unconditional settlement and a request for dismissal will be filed within 45 days.  To date, no party has filed anything further related to the motions to compel.  In light of the Notice of Settlement, the Court presumes the motions are moot and not going forward.  The Court will thus take Defendant’s motions to compel off calendar. Moving counsel is reminded to promptly take matters off calendar when they become moot.   

 

Moving party is ordered to give notice.   

 

PLEASE TAKE NOTICE: 

  • Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement. 

  • If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept31@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.¿¿ 

  • Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.¿¿ 

  • If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.¿ 

 

Dated this 28th day of November 2023 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court