Judge: Mitchell L. Beckloff, Case: 21STCP01508, Date: 2023-05-05 Tentative Ruling
Case Number: 21STCP01508 Hearing Date: May 5, 2023 Dept: 86
MARTIN, et al. v. WILLIAM S. HART UNION HIGH
SCHOOL DISTRICT
Case No. 21STCP01508
Hearing Date: May 5, 2023
[Tentative] ORDER
GRANTING MOTION TO QUASH NOTICES TO ATTEND TRIAL
On April 27, 2023, the court considered the ex parte
application of Respondent, William S. Hart Union High School District, for an
order declaring that notices to attend trial are invalid or an order shortening
time for hearing. The court considered the matter in chambers in an effort to
maximize the parties’ time for briefing.
Respondent now advises, in addition to the 16 notices
to attend trial served, Petitioners have served three additional notices on
April 27, 2023, the date the court considered Defendant’s ex parte application.
Respondent requests those additional three notices be quashed as well.
The court finds notice consistent with its order of
April 27, 2023. Therefore, notice is proper.
None of the Petitioners have filed opposition.
Petitioners have not demonstrated any justification
for witnesses to appear at a matter that will be conducted as a law and motion
matter. (See Cal. Rules of Court, Rule 3.1103, subdivision (a)(2); Los Angeles
County Court Rules, Rule 3.231, subd. (h), (m). See also California School Employees Assn. v. Del Norte County Unified Sch.
Dist. (1992) 2 Cal.App.4th 1396, 1405. [“In a law and
motion, writ of mandate hearing, the trial court has broad discretion to decide
a case on the basis of declarations and other documents rather than live, oral
testimony.”])
Requiring witnesses to
appear in this matter is unreasonable and oppressive.
Respondent’s motion is granted. The 19 notices to
attend trial are quashed.
IT IS SO ORDERED.
May 5, 202
Hon.
Mitchell Beckloff
Judge
of the Superior Court