Judge: Lee W. Tsao, Case: 18STCV03371, Date: 2023-09-15 Tentative Ruling

Case Number: 18STCV03371    Hearing Date: February 16, 2024    Dept: C

Giselle L., et al. vs Los Angeles Unified School District, et al., Case No. 18STCV03371

This is a sexual misconduct action. Plaintiff files an ex parte application to shorten time on Plaintiff’s Motion for Sanctions against Defendant Los Angeles Unified School District.

California Code of Civil Procedure § 1005(a) provides the time that written motions and oppositions must be filed and served. However, subsection (b) provides that, “[t]he court, or a judge thereof, may prescribe a shorter time.” California Rule of Court, Rule 3.1300(b) provides that, “[t]he court on its own motion or on application for an order shortening time supported by a declaration showing good cause, may prescribe shorter times for the filing and service of papers than the times specified in Code of Civil Procedure § 1005.”

Here, Plaintiff argues that Plaintiff has been prejudiced by Defendant’s concealment of relevant and discoverable documents and information. In opposition, Defendant argues that this motion is untimely. The Motion to Compel production of the report was heard on November 7, 2023.  Defendant complied with the Court’s discovery order on November 15, 2023. (Stephenson-Cheang Decl., ¶ 14.) Plaintiff waited until February 2, 2024 to file her Motion for Sanctions and February 15, 2024 to file this ex parte application.  Trial is scheduled for March 4, 2024. 

The Court is persuaded that this motion is untimely.  Accordingly, Plaintiff Giselle L.’s Ex Parte application is DENIED. Defendant to give Notice.