Judge: Martha K. Gooding, Case: 21-01238852, Date: 2023-07-31 Tentative Ruling

Motion to Compel Production -- DENIED

The Motion by Defendant Merchant Star International General Trading LLC (“Defendant”) to compel further responses by Plaintiff to Defendant’s Requests for Production of Documents, Interrogatories, Set One, is DENIED.

All motions concerning discovery under the Discovery Act must be heard on or before the 15th day before the date initially set for trial. (Code Civ. Proc. [“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 section 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 section 2024.050. (See Pelton-Shepherd Indus., Inc. v Delta Packaging Prods., Inc. (2008) 165 Cal.App.4th 1568 (prejudicial abuse of discretion for judge to grant motion without compliance with Code Civ. Proc., § 2024.050).)

This Motion is set for hearing on 7/31/23. The Court recently continued the trial date from 6/26/23 to 10/30/23, but specifically denied the request to reopen discovery and track it to the new trial date. The Court ruled in relevant part as follows: “The Court denies the remainder of the relief sought in Plaintiff’s Application – i.e., Plaintiff’s request to reopen all discovery and extend all pre-trial deadlines to correspond to the new trial date.” (ROA 306).

This Motion is brought after the discovery motion cut-off date relative to the prior 6/26/23 trial date. Further, Defendant has not moved to re-open discovery or otherwise complied with CCP section 2024.050.

As a result, the Motion is denied.  Plaintiff is ordered to give notice.