Judge: Robert B. Broadbelt, Case: 21STCV37002, Date: 2024-01-08 Tentative Ruling

Case Number: 21STCV37002    Hearing Date: February 9, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                Defendant Navigators Specialty Insurance Company

RESPONDING PARTY:       n/a

Motion to Compel Responses to (1) Form Interrogatories, (2) Special Interrogatories, and (3) Requests for Production of Documents

Defendant Navigators Specialty Insurance Company (“Navigators”) filed the pending motion to compel plaintiff RIFM Properties LLC (“Plaintiff”) to provide responses to Navigators’ form interrogatories, special interrogatories, and requests for production of documents on June 16, 2022.

On September 9, 2022, the court sustained Navigators’ demurrer with leave to amend and granted Plaintiff 20 days leave to file a Second Amended Complaint.  (Sep. 9, 2022 Order, p. 8:14-16, 8:19-20.)  The Second Amended Complaint omitted Navigators as a defendant.  (SAC p. 2:1-3 [“For its Second Amended Complaint against Defendants Benveniste & Francke Insurance Services, Daniel Francke, and DOES 1-10”].)  Because Plaintiff did not amend its complaint against defendant Navigators within the time ordered by the court, the court found that Navigators was entitled to an order dismissing the action against it with prejudice.  (May 16, 2023 Order, pp. 4:19-20, 5:10-12.)  The court entered judgment in favor of Navigators and against Plaintiff on October 20, 2023.

Thus, the court finds that Navigators’ motion is moot.

The court orders that Navigators Specialty Insurance Company’s motion to compel responses to form interrogatories, special interrogatories, and requests for production is taken off calendar.

The court directs the clerk to give notice of this ruling.

IT IS SO ORDERED.

DATED:  February 9, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court