Judge: William Y. Wood, Case: 37-2023-00028348-CU-FR-NC, Date: 2024-05-24 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - May 23, 2024

05/24/2024  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:William Y Wood

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Civil - Unlimited  Fraud Discovery Hearing 37-2023-00028348-CU-FR-NC GHILEZAN VS HUBER [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 03/15/2024

In connection with Defendants James Huber, et al's motions to compel further discovery responses (ROA #'s 97 and 104), the Court issues the following ruling: The parties are directed to personally appear in Department 29 on May 24, 2024 at 1:30 pm.

The Court is not persuaded that there has been a meaningful meet and confer between the parties regarding the issues set forth in the pending motions relating to 93 special interrogatories and 121 document demands (see Motion (ROA # 104), 4:2-3 ['Since we have been unable to meet and confer....']).

The Court has carefully considered the arguments presented by both parties and is not persuaded that Plaintiff Michael Ghilezan may refuse to provide code compliant responses to the requests based on the arguments that a motion to disqualify defense counsel is pending or because Defendants themselves have not provided code compliant responses in response to Plaintiff's discovery requests. The Court is not entirely persuaded that '[t]he selected method of discovery is {not] unduly burdensome or expensive, taking into account the needs of the case, the amount in controversy, and the importance of the issues at stake in the litigation.' CCP § 2019.030(a)(2).

The Court intends to call the case and direct both counsel to meet and confer in the Court's ante room in an effort to resolve the discovery disputes. At the conclusion of the meet and confer, the parties will address the Court regarding the outcome of the meet and confer.

Any discovery disputes remaining will be addressed at a future hearing on June 7, 2024 at 1:30 pm.

The Court directs the Defendants to file a concise statement addressing any unresolved discovery issues lumping together the discovery requests in a more manageable format for the Court by June 3, 2024 at noon.

The Court will address any remaining issues, including the requests for sanctions and whether the selected method of discovery is unduly burdensome or expensive considering the needs of the case, on June 7, 2024.

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, May Calendar No.: Event ID:  TENTATIVE RULINGS

3110678 CASE NUMBER: CASE TITLE:  GHILEZAN VS HUBER [IMAGED]  37-2023-00028348-CU-FR-NC 24, 2024. If no party appears at the hearing, this tentative ruling will become the order of the Court as of May 24, 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.

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3110678