Judge: William Y. Wood, Case: 37-2023-00009234-CU-BC-NC, Date: 2024-06-28 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

SOUTH BUILDING TENTATIVE RULINGS - June 27, 2024

06/28/2024  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:William Y Wood

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Breach of Contract/Warranty Discovery Hearing 37-2023-00009234-CU-BC-NC MAR-CON PRODUCTS, INC VS. CONCRETE EXPRESS READY MIX, LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Memorandum of Points and Authorities, 04/10/2024

Andres Ascension Plaintiff Mar-Con Products, Inc.'s motion to compel the deposition of defendant Andres Ascension (ROA # 44) is granted.

The Court directs Defendant Andres Ascension to appear for a deposition on July 11, 2024 at 10:00 am at the Law Office of Gregory J. Hout, 12396 World Trade Drive, Suite 206, San Diego, California 92128.

The deposition will continue day to day until the deposition is completed. The parties may agree to change the date, time and/or place of the deposition. In the absence of any such agreement, the deposition shall occur as indicated in this order.

Plaintiff's request for sanctions is denied. Plaintiff failed to file a notice of motion. See St. Paul Fire & Marine Ins. Co. v. Superior Ct. (1984) 156 Cal. App. 3d 82, 85 ['The California Supreme Court has announced the 'general rule' [is] that '... a notice of motion must be given whenever the order sought may affect the rights of an adverse party. [Citations.]''; see also CCP § 2023.040 [requirement that the notice identify the name of all parties and attorneys against whom sanctions are being sought, the type of sanction sought and the authority for such sanctions].

This minute order constitutes the Court's order. No party is required to submit a proposed order after hearing.

Eduardo Ventura Plaintiff Mar-Con Products, Inc.'s motion to compel the deposition of defendant Eduardo Ventura (ROA # 48) is granted.

The Court directs Defendant Eduardo Ventura to appear for a deposition on July 15, 2024 at 10:00 am at the Law Office of Gregory J. Hout, 12396 World Trade Drive, Suite 206, San Diego, California 92128.

The deposition will continue day to day until the deposition is completed. The parties may agree to change the date, time and/or place of the deposition. In the absence of any such agreement, the deposition shall occur as indicated in this order.

Plaintiff's request for sanctions is denied. Plaintiff failed to file a notice of motion. See St. Paul Fire & Marine Ins. Co. v. Superior Ct. (1984) 156 Cal. App. 3d 82, 85 ['The California Supreme Court has announced the 'general rule' [is] that '... a notice of motion must be given whenever the order sought Calendar No.: Event ID:  TENTATIVE RULINGS

3113298 CASE NUMBER: CASE TITLE:  MAR-CON PRODUCTS, INC VS. CONCRETE EXPRESS READY MIX,  37-2023-00009234-CU-BC-NC may affect the rights of an adverse party. [Citations.]''; see also CCP § 2023.040 [requirement that the notice identify the name of all parties and attorneys against whom sanctions are being sought, the type of sanction sought and the authority for such sanctions].

This minute order constitutes the Court's order. No party is required to submit a proposed order after hearing.

This is the tentative ruling for an appearance hearing (in person or remote) at 1:30 p.m. on Friday, June 28, 2024. If no party appears at the hearing, this tentative ruling will become the order of the Court as of June 28, 2024. If the parties are satisfied with the Court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the Court and each other of their intention not to appear, though this notice is not required.

Calendar No.: Event ID:  TENTATIVE RULINGS

3113298