Judge: Lee W. Tsao, Case: 22NWCV00588, Date: 2024-03-01 Tentative Ruling

Case Number: 22NWCV00588    Hearing Date: March 1, 2024    Dept: C

Alfredo Tomas Chavez Garcia vs American Honda Motor Co., Inc., Case No. 22NWCV00588

This is a lemon law action.

Plaintiff Alfredo Tomas Chavez Garcia brings this ex parte application Shortening Time for Plaintiff’s Motion to Compel the Deposition of Defendant American Honda Motor Co., Inc.’s Person Most Qualified and Custodian of Records and Request for Production of Documents.

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).)

Trial in this matter is scheduled for April 5, 2024. Plaintiff’s Motion to Compel is not set to be heard until November 6, 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 Plaintiff’s Motion to Compel is granted.

The Court notes that Defendant opposes the ex parte on the grounds that Plaintiff did not notice the Deposition in August 2023 when provided available dates. Defendant further argues that Plaintiff applies for the relief only three days prior to the discovery cut-off date. The Court notes that Plaintiff did offer dates in January 2024 and February 2024, which were not responded to.

The Court determines that Plaintiff was not diligent in requesting the hearing prior to the cut-off of discovery.  Therefore, Plaintiff’s ex parte application is GRANTED in part.  Plaintiff’s Motion to Compel the Deposition of Defendant American Honda Motor Co., Inc.’s Person Most Qualified and Custodian of Records and Request for Production of Documents is ADVANCED from November 6, 2024 and CONTINUED to May 1, 2024 at 9:30 a.m. in Dept. SE-C.  Briefing schedule is in accordance with the new hearing date.  Plaintiff is not foreclosed from requesting a trial continuance in Dept. SE-F. 

Plaintiff to give notice.