Judge: Lee W. Tsao, Case: 23NWCV00392, Date: 2025-01-21 Tentative Ruling

Case Number: 23NWCV00392    Hearing Date: January 21, 2025    Dept: F

Ortiz v. Soliman (23NWCV00392)

This tenant rights action was filed on February 6, 2023. Trial is set for February 3, 2025. Defendant Tahani Soliman has a pending Motion to Compel Production of Documents Demanded in Deposition set for November 4, 2025. Defendant now moves ex parte for an order to continue trial until after the Motion to Compel is heard. Defendant argues good cause exists to continue trial because Plaintiff Mary Rose Ortiz failed to bring requested documents to her deposition on October 25, 2024. Despite meet and confer efforts, Plaintiff has failed to produce the documents. Defendant argues the requested documents are required for trial preparation.

In opposition, Plaintiff argues she has been unable to locate the requested documents, despite her diligence. Plaintiff argues Defendant has failed to informally resolve the discovery dispute and has otherwise delayed in compelling compliance. Plaintiff would be prejudiced by a trial continuance due to increased costs, emotional distress, prolonged resolution of her claims. Lastly, Plaintiff argues the discovery cut-off date has now passed and Defendant has not filed a motion to reopen discovery under CCP § 2024.050.

In reply, Defendant argues Plaintiff’s noncompliance is the reason for delay in filing the pending Motion to Compel. Plaintiff failed to bring the requested documents to her deposition, even where the parties agreed beforehand that she would provide such documents. Following the deposition, Defendant attempted to meet and confer with Plaintiff multiple times regarding the issue, via four emails and one phone call as recent as January 13, 2025, but Plaintiff failed to respond. Further, Plaintiff never communicated to Defendant that such documents could not be located.

On the Court’s own motion, Defendant’s Motion to Compel Production of Documents is ADVANCED from November 4, 2025 to today’s date and CONTINUED to July 1, 2025 at 9:30 a.m. in Dept. SE-C.  Defendant’s Ex Parte Application for an Order to Continue Trial is GRANTED pursuant to CRC Rule 3.1332(c)(6)—A party's excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts. The Court finds Defendant has been unable to secure the requested deposition documents from Plaintiff. Plaintiff has failed to meet and confer to resolve this issue. The Court finds a continuance is warranted to allow Defendant to seek the discovery at issue. The Court will confer with the parties to select a new trial and final status conference date. Discovery and all trial deadlines will track the new trial date. Moving Party to give notice.