Judge: Elaine Lu, Case: 21STCV35518, Date: 2025-05-07 Tentative Ruling

Case Number: 21STCV35518    Hearing Date: May 7, 2025    Dept: 9

On May 6, 2025, Plaintiff filed the instant ex parte application seeking to continue Plaintiff’s motion for class certification filing deadline.  Neither Plaintiff nor Defendant appeared when the case was called at 8:30 am. 

Plaintiff’s Ex Parte Application to continue the Class Certification Deadline is CONTINUED.  Plaintiff  has failed to submit a written declaration demonstrating that timely notice of this ex parte application was given to all parties, i.e. by 10:00 am the court day before the ex parte appearance.  CRC § 3.1203. Plaintiff’s declaration in support of the ex parte application – the declaration of Joana Fang – states that Plaintiff advised Defense counsel of this ex parte application by email at an unspecified time.  There is no indication that Plaintiff notified Defendant by 10:00 am the day before this hearing.  Moreover, when notice is given electronically – such as through email – the notice period is extended by two court days.  (CCP § 1010.6(a)(3)(B).)  Thus, for Plaintiff to give proper notice of this ex parte application solely by email, Plaintiff would have had to notify Defendant by May 2, 2025 at 10:00 am.  Plaintiff has failed to submit a written declaration demonstrating that proper notice of this ex parte application was given to all parties identifying the time and place for presentation of the application.  CRC § 3.1204(a)(1).

Accordingly, a continuance of the instant ex parte application is necessary to ensure that Defendant receives proper, timely notice.

On the merits, the Court has concerns – based on Plaintiff’s moving papers — whether Plaintiff will be able to timely obtain adequate discovery to file the motion for class certification.  If a continuance is necessary, the record is insufficient for the Court to determine how long the continuance needs to be to sufficiently ensure that Plaintiff can obtain adequate discovery to file the motion for class certification.  Thus, supplemental briefing is necessary.

By 4:30 pm on Monday, May 12, 2025, Plaintiff must file a statement identifying the universe of all discovery that Plaintiff still needs to obtain in order to file the motion for class certification – including all written discovery and all depositions (identifying each witness by name).  For each item of discovery or witness, Plaintiff must set forth:

a.     What efforts have been made – to date – to obtain such discovery;

b.     Why Plaintiff needs such discovery before filing her motion for class certification, i.e., why such discovery is reasonably calculated to lead to the discovery of admissible evidence on the issue of class certification; and

c.     If the item requires litigation of a motion to compel or other discovery motion, an explanation of why Plaintiff has not already filed such discovery motion and an identification of the soonest date by which Plaintiff can file such discovery motion

The Parties are ordered to meet and confer regarding all items on Plaintiff’s list of necessary discovery for class certification and file a Joint Statement by 10 am on May 16, 2025, with a conformed, filed-stamped courtesy copy to Department 9 by 4:30 pm on May 16, 2025.  In this Joint Statement, for each item/witness on Plaintiff’s exhaustive list of discovery necessary before Plaintiff can file her motion for class certification, the parties must set forth:

A.    Any agreement[s] reached with respect to the item of discovery – e.g., (i) any agreement on the proper scope of substantive responses, (ii) a date for the deposition of the witness, (iii) a date for Defendant to serve written responses and produce documents, (iv) a deadline by which Plaintiff will file any motion to compel responses to this item of discovery;

B.    If the parties are at an impasse for any item of discovery, 2-3 sentences as to their respective positions and why they cannot agree.

Plaintiff’s ex parte application to continue Plaintiff’s motion for class certification filing deadline is CONTINUED TO May 22, 2025 at 10:00 am. 

Based on Plaintiff’s additional briefing and the parties’ joint statement, the Court will determine whether a continuance is warranted and if so, the reasonable length of such a continuance.  The parties should be aware that the Court will approximate that each discovery motion that Plaintiff files can be calendared for hearing approximately 3-4 months from the filing of said discovery motion.

The Court Clerk shall give electronic notice of this order to all parties.  Plaintiff’s Counsel is also ordered to give notice to all other parties and file proof of service of such.