Case Number: BC679517 Hearing Date: January 26, 2018 Dept: 46

Case Number: BC679517
ADAM AMBRUSO VS LEDINGHOME FUNDING CORPORATION ET AL

Filing Date: 10/13/2017
Case Type: Contractual Fraud

01/26/2018
MOTION – COMPEL RESPONSES
NOTICE OF TENTATIVE RULING AND PROCEDURE
FOR SUBMISSION WITHOUT HEARING

TENTATIVE RULING

Motion To Compel Responses to Special Interrogatories, Set No. One, is continued to 3/2/2018 to be heard with the other 3 motions set for that date and the CMC. Plaintiff has failed to file a proper declaration in support of the motion. Plaintiff is ordered to file a declaration in support of the motion that conforms with the requirements of CCP §2015.5 by 2/20/2018.

DISCUSSION

On 1/10/18, Plaintiff (“P”) filed his First Amended Complaint (“FAC”) for (1) Rescission of Written Contract; (2) Breach of Implied Covenant of Good Faith and Fair Dealing; (3) Intentional Misrepresentation; (4) Negligent Misrepresentation; (5) Unjust Enrichment; and (6) Money Had and Received against Defendants LendingHome Funding Corporation (hereinafter, “LFC”), Chris Martin, Jr. (hereinafter, “Martin”); and DOES 1-50.

Plaintiff moves this court, per CCP §2030.290, for an orders compelling Defendant Martin to respond to Plaintiff’s Special Interrogatories Set No. One (hereinafter “Interrogatories”), and for sanctions in the amount of $5,000.00 (no specific calculation provided beyond time of 10.2 hours to prepare four related discovery motions + 2.0 hours appearing at hearings @ $385/hour + 4 $60 filing fees).

The Declaration of John Mittelbach is not taken under penalty of perjury, and therefore the court does not have any admissible evidence on which it can base a ruling. Code of Civil Procedure §2015.5; see People v. Pacific Land Research Co. (1977) 20 C.3d 10, 21. Plaintiff has three other discovery motions of a similar nature set for 3/2/2018.

This motion is CONTINUED to 3/2/2018 so that Plaintiff can submit a proper declaration.

IT IS SO ORDERED:

Frederick C. Shaller, Judge