MyECheck Inc (fka MYEC)

[PhenixBleu]

CASE UPDATE - Maciora's OSC re: False Declarations DENIED!

KennethPro per Defendant/Cross-Complainant Kenneth Maciora's ("Maciora") motion for order to show cause re: false declarations is DENIED.

Maciora desires an OSC against Plaintiff/Cross-Defendant MEC Inc. (formerly MyEcheck, Inc.) and Cross-Defendant Edward Starrs ("Starrs"). According to Maciora, Starrs signed "false" verifications to MEC Inc.'s responses to Special Interrogatories and Request for Admissions.

The motion is DENIED since Maciora fails to proffer legal authority that an OSC may be entered in such a circumstance. Indeed, with respect to request for admissions, the proper procedure for an allegedly unjustified denial is a motion for sanctions after trial. (CCP §2033.420(a).)

The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.

Maciora failed to comply with CRC Rule 3.1110(f)(3) which requires that each paper exhibit must be separated by a hard 8 1/2 x 11 sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation.