Judge: Lisa R. Jaskol, Case: 19STCV47006, Date: 2023-09-14 Tentative Ruling

Case Number: 19STCV47006    Hearing Date: February 16, 2024    Dept: 28

On December 31, 2019, Plaintiff Marian Courtney Ong Lopez (“Plaintiff”) filed this action against Defendants Miguel A. Alcaraz-Segobiano, Pacific West Space Communications, Inc., and Does 1-50 for motor vehicle and general negligence. 

On May 7, 2021, Defendant Pacific West Space Communications, Inc. filed an answer. On May 26, 2021, Defendant Miguel A. Alcaraz-Segobiano filed an answer. 

On April 25, 2023, Defendants Pacific West Space Communications, Inc. and Miguel A. Alcaraz (erroneously sued and served as Miguel A. Alcaraz-Segobiano) (“Defendants”) filed an amended answer. 

On August 7, 2023, Defendants filed a motion to (1) continue the fact discovery cutoff, (2) seek sanctions against Plaintiff’s counsel in the amount of $3,070.00 due to discovery misconduct, and (3) appoint a discovery referee to preside over all further depositions and rule on objections.  The motion was set for hearing on September 14, 2023.  On August 21, 2023, Plaintiff filed an opposition. On September 7, 2023, Defendants filed a reply. 

On September 14, 2023, the Court continued the hearing to October 9, 2023, to give the parties an opportunity to meet and confer about reopening discovery and about appointing a discovery referee.  The Court allowed the parties to file supplemental declarations discussing their meet and confer efforts no later than October 6, 2023.  The Court also granted Defendants’ request for sanctions and stayed the sanction order pending the continued hearing. 

On October 5, 2023, based on the parties' stipulation, the Court continued the October 9, 2023 hearing to December 8, 2023. 

On December 4, 2023, the parties attempted to file a stipulation to continue the December 8, 2023 hearing to February 16, 2024 and to continue the trial to June 24, 2024 or the next available date.  The clerk rejected the electronic filing, stating that moving party must change the hearing in the Court's case reservation system.  The register of actions states that the clerk later accepted the stipulation for filing.  However, the stipulation was not forwarded to the Court for approval and the Court has not granted the requests contained in the stipulation.

According to the register of actions, moving party rescheduled the hearing for February 16, 2024.  The docket contains no notice of the continued hearing or proof of service showing moving party served notice of the continued hearing.  The parties have not submitted declarations discussing their meet and confer efforts. 

Because the parties have not informed the Court of the status of their meet and confer efforts, the Court cannot issue a ruling on the issues Defendants raise in their motion.  The Court therefore continues the hearing and orders the parties to file declarations at least 5 days before the continued hearing date addressing the issues identified in the Court’s September 14, 2023 minute order. 

The Court will provide a date for the continued hearing on February 16, 2024. 

Moving party is ordered to give notice.