Judge: Lisa R. Jaskol, Case: 22STCV25064, Date: 2024-09-10 Tentative Ruling
Case Number: 22STCV25064 Hearing Date: September 10, 2024 Dept: 28
Having considered the moving and opposition papers, the Court rules as follows.
BACKGROUND
A. Case number 22STCV25064
On August 3, 2022, Plaintiff Richard Manzanares (“Roberto Manzanares”) filed this action against Defendants Roberto Izarraras (“Izarraras”) and Does 1-100 for motor vehicle tort and general negligence. (Case number 22STCV25064.)
On November 15, 2023, Izarraras filed an answer.
B. Case number 22CHCV01241
On November 29, 2022, Plaintiff Rolando Lemus (“Lemus”) filed this action against Defendants Richard Manzanares, Izarraras, Magali Manzanares (“Magali Manzanares”), and Does 1-50 for motor vehicle tort and general negligence. (Case number 22CHCV01241.)
On January 13, 2023, Richard Manzanares and Magali Manzanares filed an answer.
On January 20, 2023, Izarraras filed an answer. On January 23, 2023, Izarraras filed a cross-complaint against Cross-Defendants Richard Manzanares, Magali Manzanares, and Roes 1-10 for apportionment of fault, indemnification, and declaratory relief. On January 27, 2023, Richard Manzanares and Magali Manzanares filed an answer to the cross-complaint.
C. The Court relates and consolidates the cases
On
October 25, 2023, the Court found that case numbers 22STCV25064 and 22CHCV01241
are related within the meaning of California Rules of Court, rule 3.300(a). 22STCV25064 became the lead case. The cases were assigned to Department 31 at the
Spring Street Courthouse for all purposes.
On December 4, 2023, the Court ordered cases numbers 22CHCV01241 and 22STCV25064 consolidated and assigned to Department 31 in the Spring Street Courthouse for all purposes based on the parties’ stipulation. The Court designated case number 22STCV25064 as the lead case.
D. These motions
On March 6, 2024, Lemus filed motions (1) to compel Magali Manzanares’s further responses to request for production of documents, set one, and for sanctions, (2) to compel Magali Manzanares’s further responses to requests for admission, set one, and for sanctions, (3) to compel Richard Manzanares’s further responses to request for production of documents, set one, and for sanctions, and (4) to compel Richard Manzanares’s further responses to requests for admission, set one, and for sanctions. The motions initially were set for hearing on May 16 and 17, 2024. On April 30, 2024, Magali Manzanares and Richard Manzanares filed oppositions. Lemus did not file replies.
In June 2024, the Court transferred the consolidated cases to Department 28. The Court continued the hearings on the motions to compel further responses to September 10, 2024.
Trial
is currently scheduled for November 4, 2024.
DISCUSSION
On October 25, 2023, when the Court related case numbers 22CHCV01241 and 22STCV25064, the Court stated: “Any presently calendared motions in cases other than the lead case [i.e., in case number 22CHCV01241] will need to be re-noticed and re-scheduled through the Court’s online reservation system to the next available date in Department 31, by the moving party.”
On November 13, 2023, Department F47 in the Chatsworth Courthouse issued an order stating in part:
“On the Court's own motion, the Hearing on Motion to Compel Further Discovery Responses to Requests for Production, Set No. One as to Defendant Magali Manzanares scheduled for 11/14/2023, . . . Hearing on Motion to Compel Further Discovery Responses to Requests for Admission, Set No. One as to Defendant Richard Manzanares scheduled for 11/14/2023, Hearing on Motion to Compel Further Discovery Responses to Requests for Production, Set No. One as to Defendant Richard Manzanares scheduled for 11/14/2023, and Hearing on Motion to Compel Further Discovery Responses to Requests for Admission, Set No. One as to Defendant Magali Manzanares scheduled for 11/14/2023 are vacated.”
Accordingly, the Court informed Lemus on October 25, 2023 that if he wished to proceed on the July 17, 2023 motions to compel further responses, he would have to re-notice and re-schedule the hearings in Department 31. The Court reiterated this information on November 13, 2023.
Nonetheless, Lemus did not re-notice and re-schedule hearings on his motions to compel further discovery responses in Department 31 until March 6, 2024, more than four months after the October 25, 2023 order. Lemus has provided no explanation for his delay.
The Court finds that Lemus has waived or abandoned his right to proceed with these motions. The Court therefore denies the motions.
CONCLUSION
The Court DENIES Plaintiff Rolando Lemus’s motion to compel Defendant Magali Manzanares’s further responses to request for production of documents, set one, and for sanctions.
The Court DENIES Plaintiff Rolando Lemus’s motion to compel Defendant Richard Manzanares’s further responses to request for production of documents, set one, and for sanctions.
The Court DENIES Plaintiff Rolando Lemus’s motion to compel Defendant Richard Manzanares’s further responses to requests for admission, set one, and for sanctions.
Moving party is ordered to give notice of this ruling.
Moving party is ordered to file proof of service of this ruling within five days.