Judge: Martha K. Gooding, Case: 21-01238852, Date: 2023-06-12 Tentative Ruling

1) Motion to Compel Deposition (Oral or Written)

2) Status Conference

The Motion by Plaintiff Nowarta Biopharma, Inc. (“Plaintiff”) to compel the deposition of third-party Madison Law APC is DENIED as untimely.

All motions concerning discovery under the Discovery Act must be heard on or before the 15th day before the date initially set for trial. (CCP § 2024.020.)

A judge cannot grant a party's motion to compel discovery after the cutoff date for discovery motions when the party has not moved to reopen discovery under CCP § 2024.050. Although a judge has the discretion to hear a discovery motion after the cutoff date, the exercise of this discretion is governed by CCP § 2024.050. (See Pelton-Shepherd Indus., Inc. v Delta Packaging Prods., Inc. (2008) 165 CA4th 1568, 82 CR3d 64 (prejudicial abuse of discretion for judge to grant motion without compliance with CCP § 2024.050).)

Here, this Motion is set for 6/12/23. The trial date is set for 6/26/23, 14 days after the hearing date. Plaintiff has not moved to re-open discovery or otherwise complied with CCP § 2024.050.

Thus, the Motion is denied.

Clerk shall give notice.