Judge: Michael J. Strickroth, Case: 2019-01072663, Date: 2022-07-25 Tentative Ruling

Motion to Compel Deposition (Oral or Written)

Plaintiff’s (Michael Anaya) Motion to Compel Defendant Beacon Roofing Supply, Inc. to Appear at Deposition of Person Most Qualified and Produce Documents, filed under ROA 151, on 5-24-22, is CONTINUED to August 29, 2022, at 1:45 p.m. in Department C15.

Code Civ. Proc. § 2016.040 states: “A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.”

Here, although there was some meeting and conferring on the record and a phone call, Defendant requested the categories for which Plaintiff sought additional testimony and Plaintiff never provided the categories. Accordingly, the meet and confer is insufficient because it did not encompass an attempt at an informal resolution of each issue presented by the motion.

Based on the foregoing, the parties are ordered to meet and confer via telephone or Zoom about each issue in the motion and submit a joint statement regarding whether the issues are resolved or not ten (10) court days prior to the continued hearing. The Court is confident the parties can come to an agreement to resolve these issue without ruling on the motion.  The involved parties are encouraged to work it out.  Based on this ruling, a new trial date will be set at the hearing.  The Court expects the parties to appear remotely or in person at the hearing with availability/ability to pick a new jury trial date.

Moving party to give notice