Judge: Lee W. Tsao, Case: 19STCV19908, Date: 2023-08-14 Tentative Ruling

Case Number: 19STCV19908    Hearing Date: March 27, 2024    Dept: C

DOMINGUEZ, ET AL. v. ESTES TERMINALS OF CALIFORNIA, LLC, ET AL.

CASE NO.:  19STCV19908

HEARING:  3/27/24 @ 9:30 A.M.

#6

TENTATIVE ORDER

Plaintiffs Claudia Dominguez, Angelica Dominguez, and Giselle Dominguez’s Motion to Compel Further Deposition Testimony is CONTINUED.

Moving Party to give NOTICE.

Background

While working at a trucking terminal, Plaintiff Gilbert Dominguez was struck by a tractor. Defendant Estes Terminals owned and operated the trucking terminal. Plaintiffs move to compel further deposition testimony of the person most knowledgeable of Estes Terminals.

Meet and Confer

The motion shall be accompanied by a meet and confer declaration under Code of Civil Procedure section 2016.040. (Code Civ. Proc., § 2025.480, subd. (b).) Code of Civil Procedure section 2016.040 states that a meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.

Counsel for plaintiffs states that he met and conferred with opposing counsel during the deposition. (Decl. Orland, ¶ 5.) However, he does not state more in his declaration. In the reply brief, plaintiffs state that on the same day they served the motion, counsel for plaintiffs sent an electronic mail correspondence as a formal meet and confer. But this was not stated in the declaration. Further, the Court does not understand why the plaintiffs purportedly met and conferred on the day of the service of the motion rather than earlier.

Based on this, the Court CONTINUES the hearing to Wednesday, May 8, 2024 at 9:30 A.M. in Dept. SE-C. The parties are to submit a joint statement within 20 days and if discovery issues have not been resolved at the time of the hearing, the Court will hear arguments at the hearing.