Judge: Lee W. Tsao, Case: 21STCV42547, Date: 2023-09-19 Tentative Ruling

Case Number: 21STCV42547    Hearing Date: March 1, 2024    Dept: C

Natalie Tenaud, et al. vs State of California, et al., Case No. 21STCV42547

This is a wrongful death action.

Plaintiffs Natalie Tenaud, Breanne Rose Aguilar, Stevie Brynn Aguilar, and Estate of Byrant Aguilar apply Ex Parte to Advance and Set Hearing Date on Plaintiffs’ Motion to Compel Defendant to Comply with Plaintiffs’ Demand for Inspection of Tangible Things, Land, or Other Property to the Earliest Possible Date and Time.

A party may seek ex parte relief upon an affirmative factual showing "irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte." (Cal. R. Ct. 3.1202(c).)

Defendant argues that expert discovery cutoff is March 28, 2024 and it is impractical to hear the motion and allow inspection before the cutoff date and that Plaintiff should have filed their motion earlier. However, the Court notes the inspection took place on December 13, 2022 and Plaintiffs filed their motion on February 8, 2024.

Trial in this matter is scheduled for April 12, 2024. Plaintiffs’ Motion to Compel is not set to be heard until September 24, 2024, which would leave no time for Defendant to provide further responses prior to the discovery cut-off for the current trial date in the event Plaintiffs’ Motion to Compel is granted. The Court finds that Plaintiff would be irreparably harmed by not allowing the motion to be heard prior to the discovery cut-off dates.

Accordingly, Plaintiffs Natalie Tenaud, Breanne Rose Aguilar, Stevie Brynn Aguilar, and Estate of Byrant Aguilar’s Ex Parte Application to ADVANCE Ex Parte the Hearing Date on Plaintiffs’ Motion to Compel Defendant to Comply with Plaintiffs’ Demand for Inspection of Tangible Things, Land, or Other Property to the Earliest Possible Date and Time is GRANTED. The Hearing for Plaintiffs’ Motion to Compel Defendant to Comply with Plaintiffs’ Demand for Inspection of Tangible Things, Land, or Other Property is ADVANCED from Tuesday, September 24, 2024 and CONTINUED to Tuesday, March 19, 2024 in Department SE-C at 9:30 a.m.

Plaintiff to give notice.