Judge Audra Mori, Case 20STCV45654 2023-01-10 Tentative Ruling

Judge: Audra Mori, Case: 20STCV45654, Date: 2023-01-10 Tentative Ruling

Case Number: 20STCV45654 Hearing Date: January 10, 2023 Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MARCELA ELIDET MARTINEZ,

Plaintiff(s),

vs.

LILIANA CRUZ, ET AL.,

Defendant(s).

)

CASE NO: 20STCV45654

[TENTATIVE] ORDER TAKING MOTION TO RESPOND TO DISCOVERY REQUESTS OFF CALENDAR

Dept. 31

1:30 p.m.

January 10, 2023

Plaintiff Marcela Elidet Martinez (“Plaintiff”) filed this action against Defendant Liliana Cruz (“Defendant”) alleging that Defendant physically assaulted and beat Plaintiff. The operative Second Amended Complaint alleges causes of action for assault, battery, and intentional infliction of emotion distress.

On November 8, 2022, Defendant filed the instant motion for an order extending the time for Defendant to respond to Plaintiff’s form interrogatories, special interrogatories, and requests for admissions served on Defendant on October 6, 2022. Defendant sought an “order extend[ing] the deadline to an additional 30 days from the date of retaining counsel.” (Mot. at p. 4:10-11.) The Court notes that on November 4, 2022, Defendant, who was previously in pro per, filed a Substitution of Attorney form providing that Defendant was now being represented by counsel.

In opposition, Plaintiff asserts that the motion is moot because Plaintiff granted two extensions to Defendant to respond to the discovery, with responses being due on December 15, 2022. Plaintiff provides that on December 15, 2022, Defendant served, and Plaintiff received, Defendant’s responses to the subject discovery requests.

To date, Defendant has filed not a reply. Therefore, Defendant does not dispute that Defendant already received extensions to respond to the discovery and served responses.

The motion is taken off calendar as moot. Moving Party is reminded to promptly take matters off calendar when they become moot.[1]

Defendant is ordered to give notice.

PLEASE TAKE NOTICE:

Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
If a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number. The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.
Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument. You should assume that others may appear at the hearing to argue.
If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court. After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.

Dated this 10^th day of January 2023

Hon. Audra Mori

Judge of the Superior Court

[1] The motion appears to further be moot in that Defendant requested an extension to respond to 30 days from the date that counsel was retained. Defendant retained counsel on or about November 4, 2022, and 30 days after this date would have been December 4, 2022, which was more than one month ago.