Judge: Lee S. Arian, Case: 22STCV18420, Date: 2025-02-13 Tentative Ruling

Case Number: 22STCV18420    Hearing Date: February 13, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOTION TO CONTINUE

On June 6, 2022, Plaintiff filed this case. On December 21, 2023, Defendant filed her answer. Trial is set for February 27, 2025. Defendant requests a six-month continuance to conduct further discovery, including Plaintiff’s deposition and independent medical examination (IME). No opposition has been filed.

The Court notes that under California Rules of Court, Standard 2.2, cases of this nature should proceed to trial within two years, and this case is approaching the 2.5-year mark. Given the scope of discovery sought, the Court finds a six-month continuance excessive. Instead, the Court grants a 60-day continuance, which is sufficient for Defendant to complete Plaintiff’s deposition and IME. The Court further notes that it would be hesitant to grant additional continuances based on the timeline established under CRC 2.2 and the time already provided for discovery.

MOTION TO COMPEL PLAINTIFF’S DEPOSITION

Defendant also moves to compel Plaintiff’s deposition.

• On August 5, 2024, Defendant served Plaintiff with a deposition notice set for September 27, 2024. The day before the deposition, Plaintiff’s counsel informed Defendant that Plaintiff would not be appearing.
• On November 4, 2024, Defendant served a second deposition notice for December 10, 2024. The morning of the deposition, Plaintiff’s counsel again advised that Plaintiff would not appear.
• On December 30, 2024, Defendant served a third deposition notice for January 14, 2025. Plaintiff and his counsel failed to appear and did not respond to Defendant’s meet and confer attempts relating to the deposition.

Defendant has satisfied the requirements to compel Plaintiff’s deposition under Code of Civil Procedure section 2025.450. Defendant properly noticed the depositions in September and December 2024, and Plaintiff did not serve any objections. Instead, Plaintiff’s counsel canceled the deposition the day before, forcing Defendant to reschedule. As for the January 14, 2025, deposition, Plaintiff failed to serve any valid objections, did not respond to defense counsel’s multiple emails, and failed to appear.

Accordingly, the motion is granted, and Plaintiff is ordered to appear for deposition within 20 days of this order.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court’s website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.