Superior Court of California¿ 

County of Los Angeles¿ 

Department 78¿ 

¿ 

 

Plaintiff Purushottam Patel (“Plaintiff”) filed a Fifth Amended Complaint against defendants Travelers Property Casualty Company of America, Travelers Property Casualty Agency, Auto Data Processing, Inc., ADP Payroll Services, Inc., Automatic Data Processing Insurance Agency, Inc., Automatic Data Processing, Inc., ADP, Inc. and Does 1 to 1000 breach of contract arising from the cancellation from an insurance policy. 

On January 12, 2024, trial was continued to May 6, 2024, subject to the following: “All discovery and motion cutoff dates remain based on the 3/18/2024 trial date except as follows the cutoff dates for which shall be based on the new trial date: (1) expert discovery; (2) motions regarding expert discovery; (3) fact discovery based upon information learned as a result of discovery obtained through timely filed motions to compel based on the 3/18/2024 trial date; (4) motions to compel discovery related to items covered by #3; and (5) motions in limine.” (Min. Order, Jan. 12, 2024.) 

On March 26, 2024, Plaintiff filed a motion to compel the deposition of the Person Most Qualified (“PMQ”) of ADP, Inc. and filed an application ex parte on April 2, 2024 to shorten time to advance the hearing date. 

On April 4, 2024, the Court denied Plaintiff’s ex parte application, while also noting that Plaintiffs motions to compel filed on March 26, 2024 were not timely filed per the January 12, 2024 Order. (Min. Order, April 4, 2024.) 

Defendants ADP, Inc. f/k/a ADP, LLC and Automatic Data Processing Insurance Agency, Inc.’s joint opposition provide that their counsel called Plaintiff’s counsel requesting the motions be taken off-calendar, and that Plaintiff’s counsel stated he would look into it. (Rojas Decl. ¶ 4.) Despite this, Plaintiff has not taken the motion off-calendar. 

As of July 8, 2024, no reply has been filed. 

Based on the foregoing, Plaintiff’s motion to compel deposition and production of documents is DENIED. The Court further notes that aside from the instant motion, there are three other motions to compel set for July 16, 2024, July 18, 2024, and July 22, 2024. Plaintiff is to review the Court’s prior orders and to promptly take these motions off-calendar, unless it falls within one of the specified exceptions outlined in the January 12, 2024 Order. 

 

Moving Party is ordered to give notice. 

 

DATED: July 12, 2024 

__________________________ 

Hon. Michelle C. Kim 

Judge of the Superior Court 

 

PLEASE TAKE NOTICE: 

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement. 

• If a party intends to submit on this tentative ruling, the party must send an email to the court at SMCDEPT78@lacourt.org with the Subject line “SUBMIT” followed by the case number. The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting. 

• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument. You should assume that others may appear at the hearing to argue. 

• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court. After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.