Judge: Robert B. Broadbelt, Case: BC670702, Date: 2023-02-27 Tentative Ruling

Case Number: BC670702    Hearing Date: February 27, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Cross-Complainant Halt Gold Group, LLC dba Patriot Gold Group LLC         

RESPONDING PARTIES:     Plaintiffs and cross-defendants Jacob Blalock and Benjamin Novak and cross-defendant Orion Precious Metals, Inc.    

Motion to Compel Further Discovery Responses and for Monetary, Evidence, Issue, and Terminating Sanctions

The court considered the moving and opposition papers filed in connection with this motion.  No reply papers were filed.

DISCUSSION

Cross-complainant Halt Gold Group, LLC dba Patriot Gold Group, LLC (“Patriot”) moves the court for an order (1) compelling plaintiffs and cross-defendants Jacob Blalock (“Blalock”) and Benjamin Novak (“Novak”) to provide further responses to Patriot’s (i) Requests for Production of Documents, Set Three, numbers 82-101, 103-114, 119-127, and 131-135, and (ii) Form Interrogatories, Set Four, numbers 15.1 and 17.1; (2) compelling cross-defendant Orion Metal Exchange, Inc. dba Orion Precious Metals (“Orion”) to provide responses to Patriot’s (i) Requests for Production of Documents, Set Two, numbers 34-53, 55-56, 59-61, 63-67, 71-72, and 74, (ii) Special Interrogatories, Set Two, numbers 28-29, 31-32, 34-35, 37, 39-40, 42-43, 48-49, and 51-52, and (iii) Form Interrogatories, Set Two, number 17.1; (3) imposing terminating sanctions against Blalock, Novak, and Orion (collectively, “Cross-Defendants”) pursuant to Code of Civil Procedure section 2023.030; and (4) imposing issue and/or evidence sanctions against Cross-Defendants pursuant to Code of Civil Procedure section 2023.030 in the event the court does not impose terminating sanctions.

Patriot filed this motion on June 22, 2022 with a hearing date of February 27, 2023.  The court denied Patriot’s ex parte application for an order reopening discovery for a limited purpose after considering the factors set forth in Code of Civil Procedure section 2024.050, subdivision (b), on July 14, 2022.  (July 14, 2022 Order, p. 2.)  The court has not since reopened discovery pursuant to Code of Civil Procedure sections 2024.020 subdivision (b) and 2024.050.  The court therefore finds that the discovery cutoff and discovery motion cutoff dates have passed and denies Patriot’s motion to compel further responses to discovery and for sanctions pursuant to the Discovery Act.  (Code Civ. Proc., § 2024.020, subds. (a), (b); Pelton-Shepherd Industries, Inc. v. Delta Packaging Products, Inc. (2008) 165 Cal.App.4th 1568, 1586.)

ORDER

The court denies cross-complainant Halt Gold Group, LLC dba Patriot Gold Group, LLC’s motion to compel further discovery responses and for monetary, evidence, issue, and terminating sanctions.

The court orders plaintiffs and cross-defendants Jacob Blalock and Benjamin Novak and cross-defendant Orion Precious Metals, Inc. to give notice of this ruling.

IT IS SO ORDERED.

DATED:  February 27, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court