Judge: Robert B. Broadbelt, Case: 22STCV38301, Date: 2025-02-06 Tentative Ruling
Tentative rulings are sometimes, but not always, posted. The purpose of posting a tentative ruling is to to help focus the argument. The posting of a tentative ruling is not an invitation for the filing of additional papers shortly before the hearing.
Case Number: 22STCV38301 Hearing Date: February 6, 2025 Dept: 53
Superior Court of California
County of Los Angeles – Central District
Department
53
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22STCV38301 |
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Hearing
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February
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Order
RE: plaintiff’s motion for the appointment of a
discovery referee |
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MOVING PARTY: Plaintiff Forex Express Corp.,
d/b/a WireCash
RESPONDING PARTY: Unopposed
Motion for the Appointment of a Discovery Referee
Plaintiff
Forex Express Corp., d/b/a WireCash (“Plaintiff”) filed the pending motion for
the appointment of a discovery referee on September 26, 2024. The court advanced the hearing on this
motion from May 5, 2025 to February 6, 2025 pursuant to the request of
Plaintiff on November 4, 2024. (Nov. 4,
2024 Minute Order, p. 1.)
Thereafter, on December 6, 2024, the parties lodged a joint
stipulation in which the parties (1) stated that they conducted a mediation to
discuss a global settlement of all claims and cross-claims in this litigation,
and (2) “request[ed] a 45-day stay of the litigation and corresponding
continuance of all pre-trial deadlines to allow the parties to complete their
discussions.” (Dec. 30, 2024 Joint
Stip., p. 2:1-5.) The court entered an
order on the parties’ stipulation on December 30, 2024, staying this action
until and including January 24, 2025.
(Joint Stip. & Order, p. 4.)
For a hearing date of February 6, 2025, any opposition papers to this
motion must have been filed by at least January 24, 2025. (Code Civ. Proc., § 1005, subd. (b).) However, this action was stayed until and
including January 24, 2025. (Dec. 30,
2024 Joint Stip. & Order, p. 4:2-5.)
Thus, because this action was stayed through January 24, 2025, no
opposition papers have been, or could have been, filed in connection with
Plaintiff’s motion.
The court therefore finds that it is appropriate, and exercises its
discretion, to continue the hearing on Plaintiff’s motion for the appointment
of a discovery referee in order to give any party the opportunity to file
opposition papers in connection with that motion, if desired.
ORDER
The court orders that the hearing on
Plaintiff Forex Express Corp., d/b/a
WireCash’s motion for the appointment of a discovery referee is continued from
February 6, 2025 to March 11, 2025, at 10:00 a.m., in Department 53.
The court orders plaintiff to give
notice of this ruling.
IT IS SO ORDERED.
DATED:
_____________________________
Robert
B. Broadbelt III
Judge
of the Superior Court