Judge: Michael E. Whitaker, Case: 19STCV13724, Date: 2023-03-08 Tentative Ruling

Case Number: 19STCV13724    Hearing Date: March 8, 2023    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely (which is highly encouraged).  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

            Plaintiff Yassine Memi (Plaintiff) sued Defendants Jessica Yadegar, Saeed Yadegar, and Jasmine Yadegar (collectively, Defendants) based on a motor vehicle collision.  Defendants seek leave to have a discovery motion heard, to strike Plaintiff’s expert designation, and exclude Plaintiff’s experts.   Plaintiff has not filed an opposition to the motion.

            Preliminarily, the Court notes that Defendants are seeking leave of the Court to have a discovery motion heard after discovery has been cutoff pursuant to Code of Civil Procedure section 2024.050.  Under Code of Civil Procedure section 2024.050, this motion shall be accompanied by a meet and confer declaration under Section 2016.040.  Here, Defendants’ Counsel has failed to include a description of his food faith efforts to meet and confer with Plaintiff’s counsel regarding each issue presented by the motion. 

            Accordingly, the Court shall continue the hearing on the motion to March 29, 2023 at 1:30 P.M. in Department 32, to allow Defendants to submit a supplemental declaration detailing their meet and confer efforts.  The supplemental declaration shall be filed and served on or before March 22, 2023.