Judge: Michael P. Linfield, Case: 23STCV06900, Date: 2023-12-11 Tentative Ruling
Case Number: 23STCV06900 Hearing Date: December 11, 2023 Dept: 34
SUBJECT: Motion to
Compel Further Responses to Plaintiff’s Request for Production of Documents,
Set One
Moving Party: Plaintiff
Sara Kristen Mitteer
Resp. Party: Defendant Volkswagen Group of America, Inc.
The Motion is TAKEN OFF CALENDAR.
BACKGROUND:
On March 29,
2023, Plaintiff Sara Kristen Mitteer filed a Complaint against Defendant Volkswagen
Group of America, Inc. on causes of action arising from the Song-Beverly
Consumer Warranty Act.
On May 4,
2023, Defendant filed its Answer.
On October
19, 2023, Plaintiff filed Motion to Compel Further Responses to Plaintiff’s
Request for Production of Documents, Set One. In support of the Motion,
Plaintiff concurrently filed: (1) Declaration of Nadine Bedwan; (2) Separate
Statement; (3) Proposed Order; and (4) Proof of Service.
On November
20, 2023, Defendant filed its Opposition to the Motion. In support of its
Opposition, Defendant concurrently filed: (1) Declaration of Samantha
Koopersmith; and (2) Separate Statement.
On November
28, 2023, Plaintiff filed a Reply.
No informal
discovery conference has been held on the Motion.
ANALYSIS:
I.
Discussion
This Court’s Trial Orders require that Counsel attend
an informal discovery conference before any discovery motion will be heard in a
Lemon Law case. (See Court’s Trial Orders, § VIII.) That has not occurred
regarding the Motion.
The Court takes the motion off calendar because
Counsel have not participated in an informal discovery conference.
II.
Conclusion
The Motion is TAKEN OFF CALENDAR.