Judge: Audra Mori, Case: 22STCV08546, Date: 2022-12-16 Tentative Ruling

Case Number: 22STCV08546    Hearing Date: December 16, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Defendants Cemex Construction Materials Pacific LLC and Jaime Velasco (collectively, “Defendants”) filed the instant motions to compel further responses to request for production of documents, set one, and special interrogatories, set one, on August 10, 2022.  Defendants scheduled an Informal Discovery Conference (“IDC”) to address the discovery issues, which concern Plaintiff’s cellphone use, for October 31, 2022.  However, Defendants failed to appear at the IDC, so Defendants did not satisfy the IDC requirement for their motions to be heard at that time.  (Court’s Standing Order Re: PI Court Procedures.)  Thereafter, the parties participated in an IDC on November 16, 2022, that was scheduled by Plaintiff.  As relevant to these proceedings, Plaintiff agreed to provide text and call information for 10 minutes before and after the time of the incident.  Moreover, it was noted that if Defendants intended to go forward with these motions, a further IDC would be required.  If an IDC was not conducted two weeks prior to the motions, Defendants were put on notice that the motions would be taken off calendar. 

Following the November 16, 2022 IDC, no party has filed anything additional relating to the motions to compel further, nor have Defendants scheduled an IDC.  The Court presumes all issues remain resolved and there is nothing going forward at this time.  The Court asks Counsel to ensure matters are promptly taken off calendar using the CRS online reservation system when they become moot. 

            The motions are taken off calendar.

Defendants are 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 16^th day of December 2022