Judge: Lee S. Arian, Case: 21STCV33836, Date: 2024-04-12 Tentative Ruling

Case Number: 21STCV33836    Hearing Date: April 12, 2024    Dept: 27

Complaint: 9/14/21

Hon. Lee S. Arian

Department 27

Tentative Ruling

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Hearing Date:           4/12/2024 at 1:30 p.m. 

Case No./Name.:      21STCV33836 NADIA ELFOURARI vs CITY OF SANTA MONICA 

Motion Name:           Motion to Compel PMK Deposition

Moving Party:           Plaintiff

Responding Party:    Unopposed

Notice:                     Sufficient 

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Ruling:                     MOTION TO COMPEL PMK DEPOSITION IS DENIED. 

Background 

On September 14, 2021, Plaintiff filed the present auto accident case. Plaintiff noticed Defendant's PMK deposition several times, but Defendant objected on the basis of unavailability each time. The latest deposition notice scheduled a deposition for March 22, 2024. However, on March 15, 2024, Defendant served an objection citing unavailability. Plaintiff now moves the Court to compel Defendant's PMK deposition. The current trial date is April 25, 2024, and the last day to hear a discovery motion was April 10, 2024.

Legal Standard and Analysis

Pursuant to CCP § 2024.020, "except as otherwise provided in this section, any party shall be entitled as a matter of right … to have motions concerning discovery heard on or before the 15th day, before the date initially set for the trial of the action. A continuance or postponement of the trial date does not operate to reopen discovery proceedings." When the hearing for a discovery motion is held after the discovery motion hearing cut-off date, the Court cannot grant a motion to compel without first deciding on a motion to reopen discovery. (Pelton-Shepherd Industries, Inc. v. Delta Packaging Products, Inc. (2008) 165 Cal.App.4th 1568, 1588.)

“The purpose of imposing a time limit on discovery is to expedite and facilitate trial preparation and to prevent delay.¿ Without a cutoff date, the parties could tie up each other and the trial court in discovery and discovery disputes right up to the eve of trial or beyond. Furthermore, . . . to be effective the cutoff date must be firm or some litigants will manipulate the proceedings to avoid the cut-off date.”¿ (Beverly Hosp. v. Superior Court¿(1993) 19 Cal.App.4th 1289, 1295.)

The current trial date is April 25, 2024. Consequently, the discovery cut-off date was March 26, 2024, and the final date to hear a discovery motion was on or before April 10, 2024. The motion concerning discovery at issue is scheduled to be heard on April 12, 2024.

When the hearing for a discovery motion is held after the discovery motion hearing cut-off date, the Court cannot grant a motion to compel without first deciding on a motion to reopen discovery. (Pelton-Shepherd Industries, Inc. v. Delta Packaging Products, Inc. (2008) 165 Cal.App.4th 1568, 1588.) No such motion has been filed. Accordingly, Plaintiff’s Motion to compel is DENIED.

PLEASE TAKE NOTICE:

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If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept27@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.

Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.

If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.