Judge: Elaine Lu, Case: 21STCV18508, Date: 2023-02-10 Tentative Ruling
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decide not to adopt the tentative ruling.
2.
For any motion where no parties submit to the tentative ruling in
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4. IN ORDER TO IMPLEMENT
PHYSICAL DISTANCING GOING FORWARD AND UNTIL FURTHER NOTICE, THE COURT STRONGLY
ENCOURAGES ALL COUNSEL AND ALL PARTIES TO APPEAR TELEPHONICALLY FOR NON-TRIAL
AND NON-EVIDENTIARY MATTERS. Thus, until further
notice, Department 26 strongly encourages telephonic appearances for motion
hearings that do not require the presentation of live testimony.
Case Number: 21STCV18508 Hearing Date: February 10, 2023 Dept: 26
Defendant has filed an ex parte application to advance hearing on motion to compel production of documents and to continue trial. Plaintiff's written opposition indicates that since the filing of Defendant's ex parte application, Plaintiff has served the responsive documents. It is unclear whether Plaintiff's production of documents has fully resolved Defendant's motion to compel production of documents and Defendant's ex parte application.
Defendant's ex parte application is granted in part insofar as Defendant seeks to advance Defendant's motion to compel production . Defendant's motion to compel production is advanced to be heard on February 17, 2023 at 10:30 am. Defendant's ex parte application to continue trial is denied; Defendant has failed to demonstrate good cause to continue the trial.
The parties are ordered to meet and confer to discuss Defendant's motion to compel production by real time conversation no later than February 14, 2023. An exchange of correspondence, emails, or voicemails will not suffice.
If the parties fully resolve all outstanding issues with regard to Defendant's motion to compel production of documents, Defendant must promptly take any motion to compel production off-calendar by canceling the Court Reservation System reservation and by filing and serving a notice of withdrawal.
The Court notes that Code of Civil Procedure section 2031.280(a) requires that “[a]ny documents or category of documents produced in response to a demand for inspection, copying, testing, or sampling shall be identified with the specific request number to which the documents respond.” (Code Civ. Proc., § 2031.280(a).)
If the parties' meet and confer effort does not fully resolve their dispute concerning Defendant's motion to compel production, the parties are ordered to file, no later than 4:30 pm on February 14, 2023, one joint statement describing the time, manner, and duration of their meet and confer effort and identifying all items remaining in dispute. For each discovery request still in dispute, the joint statement must include: (1) the text of the disputed request for production; (2) the title (or description) and Bates numbers of each document that Plaintiff has produced in response to this specific disputed request for production; (3) what additional document(s) Defendant believes are missing from Plaintiff's production in response to this specific disputed request for production and why Defendant believes that such document(s) exist and are responsive; and (4) a certification from Plaintiff whether the alleged missing document(s) exist, and if so, an explanation why those documents have not been produced. The joint statement must list the remaining requests for production in dispute, item by item, and include all of the information required above (categories 1-4, inclusive) immediately below the heading for that item of discovery.
In addition, Plaintiff must file and serve any opposition to Defendant's motion to compel production of documents no later than 4:30 pm on February 14, 2023. Defendant must must file and serve any reply no later than 4:30 pm on February 15, 2023.
The parties were ordered to download this ruling on February 10, 2023 from the Court's tentative ruling website.
In addition, the Court Clerk is to give electronic notice of this order.