Judge Olivia Rosales, Case 20NWCV00486 2022-08-18 Tentative Ruling

Judge: Olivia Rosales, Case: 20NWCV00486, Date: 2022-08-18 Tentative Ruling

DEPARTMENT SE-C LAW & MOTION PROCEDURES ARE AS FOLLOWS: APPEARANCES: The Court will hear oral arguments on all matters at the scheduled time of hearing. If all counsel intend to submit on the Tentative Order and do not want oral argument, please advise the clerk, in Department “C”, by calling (562-345-3702). If all sides submit on the Tentative Order and the clerk is so advised, the Tentative Order will become the final order of the court and the prevailing party shall give written Notice of Ruling per CRC 3.1312. If the Moving and Responding parties do not agree to submit on the Tentative Order, the motion will be called as calendared for hearing. There is no need to contact Department “C”, as the matter will remain on calendar for hearing. If the Moving party does not call Department “C” to submit on the Tentative Order and there is no appearance by any party, then the motion(s), at the Court’s discretion, may be taken off calendar without ruling on the motion(s). ORDERS: The minute order reflecting the Court’s Order will constitute the final Order. No additional orders should be submitted to the Court for signature unless required by law or by the Court. Prevailing party shall give written Notice of Ruling per CRC 3.1312. Minute orders, which constitute the final Order of the Court, will only be sent to the parties via U.S. mail for the following: OSC re: sanctions, OSC re: contempt or matters taken under submission after oral arguments or briefing. Counsel or parties may request copies of all other minute orders/final orders either at the clerk’s office or in writing. If a request is in writing, a self-addressed stamped envelope and the appropriate fee for copies shall be submitted.

Case Number: 20NWCV00486 Hearing Date: August 18, 2022 Dept: SEC

SHAHMARIAN v. JAGUAR LAND ROVER NORTH AMERICA, LLC

CASE NO.: 20NWCV00486

HEARING: 08/18/22

JUDGE: OLIVIA ROSALES

TENTATIVE ORDER

Defendant JAGUAR LAND ROVER NORTH AMERICA, LLC’s unopposed Motion for a Protective Order is GRANTED.

Moving Party to give Notice.

No Opposition filed as of August 16, 2022.

The Court shall limit the scope of discovery if it determines that the burden, expense, or intrusiveness of that discovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence. (CCP §2017.020(a).) The Court shall restrict the frequency or extent of use of the discovery methods listed in CCP §2019.010 if it determines either of the following: (1) The discovery sought is unreasonably cumulative or duplicative, or is obtainable from some other source that is more convenient, less burdensome, or less expensive; (2) The selected method of discovery is unduly burdensome or expensive, taking into account the needs of the case, the amount in controversy, and the importance of the issues at stake in the litigation. (CCP §2019.030.) The Court may then make any order as may be appropriate to protect the parties from unreasonable or oppressive demands. (CC P§1987.1.)

Defendant moves for protective order in response to the deposition notices served on May 21, 2022 by Plaintiff, directed to Defendant’s designated expert, Luis Perez for a deposition on June 7, 2022. Defendant argues that the protective order is necessary because it filed a Motion for Terminating Sanctions and a Stay on Discovery which was set for hearing (and heard) on July 28, 2022.

Defendant’s Motion for Terminating Sanctions and Stay on Discovery was taken under submission on July 28, 2022.

Given the fact that there is a potentially dispositive Motion for Terminating Sanctions under submission, the Court finds it would be unduly burdensome to require Defendant’s expert to sit for a deposition at this time. The request for a protective order is GRANTED. The deposition scheduled for June 7, 2022 is stayed pending the Court’s issuance of a ruling on Defendant’s Motion for Terminating Sanctions and Stay on Discovery. The stay will be automatically lifted once the Court’s ruling on the matter taken under submission on July 28, 2022 is issued.