Judge: Colin Leis, Case: 21STCV28871, Date: 2023-03-27 Tentative Ruling

Case Number: 21STCV28871    Hearing Date: March 27, 2023    Dept: 74

JONELLE HILL vs MACE 26, LLC, a California LLC 21STCV28871

Plaintiff’s Motion filed January 25, 2023 to Compel Defendant’s PMK’s Appearance and Production of Documents

  The court denies the motion to compel discovery because it is untimely. Plaintiff served and filed her motion by email after 5 p.m. on January 25, 2023, which means the motion was deemed served the next court day, January 26, 2023. Thus, the earliest possible date for the hearing consistent with defendant’s right to proper statutory notice was February 23, 2023 (16 court days + 2 court days). Trial was set for March 6, 2023 (which the court continued to August 2023 as a matter of calendar management without continuing the motion cutoff date). Based on the March 6 trial date, the 15-day cutoff date for discovery motions to be heard was February 21 (February 19 and 20 were a Sunday and court holiday, respectively) – but plaintiff was not entitled to a hearing until February 23 at the earliest consistent with defendant’s right to notice. Defendant stands on the motion’s untimeliness.  Plaintiff has not shown good cause for plaintiff’s delay in filing her motion. Accordingly, the court denies the motion to compel.

The court finds neither side is entitled to its attorney’s fees as discovery sanctions.