Judge: Erick L. Larsh, Case: 2021-01193587, Date: 2023-07-20 Tentative Ruling

Plaintiff Eric I Orozco Frias’ motion to compel defendant Hyundai Motor America to provide further responses to Request for Production of Documents, Set One, is CONTINUED to August 24, 2023, at 1:30 p.m.

On 7-6-23, on plaintiff’s ex parte application, the hearing on the instant motion was advanced from 11-16-23 to 7-20-23, with plaintiff ordered to give notice. (See 7-6-23 minute order [ROA 171].) However, there is nothing filed with the court indicating plaintiff gave notice of the new hearing date, as ordered. Further, there is no opposition on the merits by defendant waiving this defect. (See Carlton v. Quint (2000) 77 Cal.App.4th 690, 698 [opposition on merits can waive service defect].) Accordingly, the hearing is continued in order to ensure proper notice to defendant, as well as an opportunity to file written opposition.

Plaintiff shall give notice of the above to defendant, and shall proof of service of such notice at least five court days prior to the continued hearing date.