Defendants’ Motion for Order Compelling Responses to Supplemental Interrogatories; Defendants’ Motion for Order Compelling Responses to Supplemental Demand for Inspection and Production of Documents
Browse all Motion to Compel Further Responses rulings statewide →
Judge Benson – Law & Motion – Wednesday, June 3, 2026 @ 9:00 AM
1. 20CV00109 Belyew, Lisa v. Belyew, Tait
EVENT: Plaintiff’s Motion to Set Aside Dismissal
Plaintiff’s Motion to set aside the dismissal is granted. A further Case Management Conference is hereby scheduled for August 12, 2026 at 10:30 am. Based of Plaintiff’s representation that she is no longer incarcerated as of February 2026, Plaintiff is expected to appear at all future hearings including Case Management Conference hearings. If Plaintiff fails to appear and participate in future hearings, the Court will consider dismissing the case for failure to prosecute. The Court shall mail notice of this order to the parties.
2. 20CV01737 Zebley, David v. Zolla Financial, LLC et al.
EVENT: Receiver’s Motion for Order Approving Settlement Agreement
Receiver’s Motion for Order Approving Settlement Agreement is GRANTED. The Court will sign the proposed order.
3-4. 23CV00871 Hector, David v. Murphy, Matthew et al.
EVENT: (1) Defendants’ Motion for Order Compelling Responses to Supplemental Interrogatories and for Monetary Sanctions (2) Defendants’ Motion for Order Compelling Responses to Supplemental Demand for Inspection and Production of Documents
The Court is in receipt of two documents filed by Plaintiff on May 27, 2026 which appear to oppose the motion. Those filings are not being considered by the Court, as the filings are egregiously late. CCP 1005 required any opposition be filed no later than May 20. Also, there is no proof of service attached to Plaintiff’s documents which demonstrate defense counsel was served with the documents. Opposing counsel must be served
with all documents filed with the Court and a proof of service which complies with the Code of Civil Procedure must be filed. As a result, both Defendants’ Motion for Order Compelling Responses to Supplemental Interrogatories and Compelling Responses to Supplemental Demand for Inspection and Production of Documents, are GRANTED. Plaintiff is ordered to provide code compliant responses without objections, which include verifications, to Supplemental Interrogatories (set one) and Supplemental Demand for Inspection and Production of Documents (set one) within 10 days’ notice of this order. Plaintiff is sanctioned in the amount of $508.14 per motion, for a total of $1,016.28. Sanctions are payable within 20 days’ notice of this order. Defendant shall prepare a form of order consistent with this ruling within 2 weeks.
5. 23CV01923 Greenberg, Stuart et al v. Jacques, Michael et al
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EVENT: Plaintiff’s Third Motion to Compel Further Responses to Special Interrogatories, Set One and Form Interrogatories, Set One, and Request for Sanctions Counsel is ordered to appear and provide the Court with an update concerning the selection of a discovery referee. At the May 20 hearing the Court directed counsel to file a status report no later than June 1. However, as of this writing there is no status report on file. Regarding the instant motion, it was filed less than one week before the hearing. Plaintiff’s counsel is admonished for failing to comply with CCP 1005 which requires the motion to be filed a minimum of 16 court days before the hearing unless otherwise authorized by the Court. This motion, along with all subsequent discovery motions, will be assigned to the discovery referee.
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