Judge: Mark H. Epstein, Case: 22SMCV01859, Date: 2023-10-05 Tentative Ruling

Case Number: 22SMCV01859    Hearing Date: April 5, 2024    Dept: I

The matter is here for a motion to compel further responses.  The court is in receipt of the untimely opposition, which is STRICKEN.  No good reason was given for the extremely late opposition and the moving party has had no opportunity to reply.

That said, the matter seems to be substantively similar to two other motions set for April 12, 2024.  The matter is CONTINUED to that date.  The court notes that those oppositions are also untimely.  The court would normally be inclined to STRIKE them as well, but the court believes that the better course would be to review them but allow the moving party to reply.  The court will inquire of the moving party whether it believes it needs more time to reply and, if so, when the reply would be filed.  The court reminds the moving party that the court reads these papers and works them up, so the sooner the reply is in, the more appreciative the court will be.  Plaintiff and plaintiff’s counsel are reminded that they are bound by the rules of court and the Code of Civil Procedure.  Further unexcused failures to file timely papers will result in the papers being stricken and the court will consider whether or not to view it as a concession that the motion has merit—something the court typically does not do and did not do here (when it thought the motion to be unopposed).