Judge: Kimberly Knill, Case: 30-2021-01216783-CU-NP-CJC, Date: 2023-07-28 Tentative Ruling

Plaintiff Foundation Building Materials, LLC’s Motion to Compel Deposition of Defendant Action Gypsum Supply’s Person Most Knowledgeable and Request for Monetary Sanctions in the Amount of $8,500.00 Against Defendants and their Counsel of Record

Plaintiff, Foundation Building Materials, LLC’s Motion to Compel Deposition of Defendant Action Gypsum Supply’s Person Most Knowledgeable is CONTINUED to 9/15/2023 at 10:00 AM. All counsel are ORDERED to appear in person; no Zoom appearances will be allowed. 

The parties have not engaged in sufficient attempts to meet and confer. (See Code Civ. Proc. § 2016.040, Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1293 [Discovery Act requires moving party to declare he or she has made a serious attempt to obtain an informal resolution of each issue; rule designed to encourage parties to work out their differences informally to avoid necessity for formal order, which lessens burden on court and reduces unnecessary expenditure of resources by litigants].)

The parties are ORDERED to engage in additional attempts to meet and confer in person, telephonically, or over remote videoconferences (not email) no later than 8/10/2023.

No later than 8/31/2023, counsel are ORDERED to file a JOINT STATUS REPORT indicating whether court intervention remains the only option to resolve this discovery dispute, and if so, why. 

Failure to comply with this order may result in sanctions against the non-compliant party or their counsel pursuant to Code of Civil Procedure section 177.5.

The parties are strongly encouraged to familiarize themselves with Department C17’s General Policies and Procedures listed on the court’s website.

Plaintiff to give notice.