Judge: Lee S. Arian, Case: 22STCV29925, Date: 2025-03-06 Tentative Ruling

Case Number: 22STCV29925    Hearing Date: March 6, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

CELINA LEON,

            Plaintiff,

            vs.

 

ABE BROWNSTEIN, et al.,

 

 

 

            Defendants.

 

 

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    CASE NO.: 22STCV29925

 

[TENTATIVE RULING]

 

MOTION TO COMPEL COMPLIANCE IS DENIED

 

Dept. 27

1:30 p.m.

March 6, 2025

 

Defendant moves to compel non-party, Doris Andino, to comply with its subpoena for a deposition, but the motion is defective for the following reasons:

On January 8, 2025, the Court granted the parties' stipulation to continue the trial to the present trial date of April 10, 2025. The stipulation included the provision: “IT IS FURTHER STIPULATED that all non-expert discovery shall not be continued in accordance with the new trial date.” As a result, the fact discovery cutoff date remained tied to the prior trial date of January 27, 2025, meaning the cutoff date for non-expert discovery remained December 28, 2024.

This motion was filed on February 10, 2025, after the deadline to file a discovery motion. No motion to reopen discovery has been subsequently filed.

Furthermore, under California Rules of Court, Rule 3.1346, a motion to compel a deponent’s attendance or testimony must be personally served on the deponent. Here, the motion was served only by mail, which does not comply with the rule.

Accordingly, the motion is denied.

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.

 

 

 

 

 

 

Hon. Lee S. Arian

Judge of the Superior Court