Judge: Erick L. Larsh, Case: 2021-01193587, Date: 2023-08-24 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 11-16-2023, at 1:30 p.m.

First, on 8-10-23, the parties reported that this matter has settled, and an Order to Show Cause re: Dismissal on Settled Case is scheduled for 11-17-23. The instant hearing is continued in order to allow the parties additional time to complete their settlement.

Second, 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].) The 7-20-23 hearing was continued to the current 8-24-23 hearing date because there was no showing that plaintiff had provided notice of the 7-20-23 hearing date, with plaintiff again ordered to give notice. (See 7-20-23 minute order [ROA 175].) Again, however, there is no showing that plaintiff provided notice of the current 8-24-23 hearing date. 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 for this reason as well.

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.