Judge: Deborah C. Servino, Case: 30-2021-01201194, Date: 2022-11-04 Tentative Ruling

Plaintiff Cory Barajas’ motion to quash subpoena production of business records on the Orange County Men’s Central Jail issued by Defendant El-Shaddai Transportation, is denied as untimely.  

Pursuant to Code of Civil Procedure section 2024.020:

(a)  Except as otherwise provided in this chapter, any party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for the trial of the action.

(b)  Except as provided in Section 2024.050, a continuance or postponement of the trial date does not operate to reopen discovery proceedings.

Here, the instant motion was filed and served on July 20, 2022 with a hearing date of November 4, 2022. At the time the motion was filed, trial was set for October 31, 2022. The motion was scheduled after the initial October 31, 2022 trial date. Although trial was continued, the court did not find good cause to reopen motion and discovery cut-off dates.  (10/28/2022 Minute Order; see 10/26/2022 Minute Order.)  Pursuant to Code of Civil Procedure section 2024.020, the motion is untimely.  Accordingly, the motion is denied.

Plaintiff has another motion to quash subpoena scheduled for March 3, 2023.  The March 3, 2023 hearing is hereby vacated. 

Defendant shall give notice of the ruling to all parties and to the third-party Orange County Men’s Central Jail.