Judge: Joseph Lipner, Case: 22STCV11847, Date: 2023-10-03 Tentative Ruling

Case Number: 22STCV11847    Hearing Date: October 3, 2023    Dept: 72

ASUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES

DEPARTMENT 72

TENTATIVE RULING

          Defendant’s motion is denied as moot. 

          Plaintiff sued Defendant on April 7, 2022 for various violations of the Song Beverly Consumer Warranty Act, California’s “lemon law.”

          Defendant noticed Plaintiff’s deposition on May 8, 2023, for May 26, 2023. (Declaration of Arash Yaraghchian (Yar. Decl.), ¶ 3.) Plaintiff objected to the deposition notice on May 23. (Id., ¶ 3 and Ex. C.) Defendant repeatedly attempted to reschedule the deposition but received no response from Plaintiff’s counsel. (Id., ¶ 4.) Defendant filed the instant motion on August 24, 2023.

          On September 7, 2023, upon Defendant’s ex parte application, the Court continued the trial date and discovery cut-offs to permit the current motion to be heard and any subsequent deposition taken. On September 19, 2023, Plaintiff filed opposing papers indicating the motion is moot, the parties having agreed to a deposition date of October 13, 2023. Defendant filed no reply indicating otherwise.

          Neither party having sought sanctions, no further court order is required.