Judge: Robert B. Broadbelt, Case: BC670702, Date: 2023-02-22 Tentative Ruling

Case Number: BC670702    Hearing Date: February 22, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTIES:             Plaintiffs and cross-defendants Jacob Blalock and Benjamin Novack and cross-defendant Orion Precious Metals, Inc.

RESPONDING PARTIES:     Defendants Halt Gold Group, LLC dba Patriot Gold Group, LLC, Mike Celano, Charley Chartoff, John Hanney, and Alexander Orbison         

Motion to Compel the Deposition of Defendant Halt Gold Group, LLC’s Person Most Qualified

The court considered the moving, opposition, and reply papers filed in connection with this motion.

DISCUSSION

Plaintiffs and cross-defendants Jacob Blalock and Benjamin Novak and cross-defendant Orion Precious Metals, Inc. (“Plaintiffs”) move the court for an order (1) compelling defendant Halt Gold Group, LLC dba Patriot Gold Group LLC (“Defendant”) to produce its person most qualified to testify at deposition; (2) compelling Defendant to produce the requested documents at deposition; and (3) awarding sanctions in favor of Plaintiffs and against Defendant in the amount of $4,675. 

“[A]ny party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for the trial of the action.”  (Code Civ. Proc., § 2024.020, subd. (a).)  A continuance of the trial date does not operate to reopen discovery.  (Code Civ. Proc., § 2024.020, subd. (b).)  “Thus, if a party properly notices a discovery motion to be heard on or before the discovery motion cutoff date, that party has a right to have the motion heard.  By negative implication, a party who notices a discovery motion to be heard after the discovery motion cutoff date does not have a right to have the motion heard.”  (Pelton-Shepherd Industries, Inc. v. Delta Packaging Products, Inc. (2008) 165 Cal.App.4th 1568, 1586.)

Plaintiffs filed the pending motion on May 18, 2022 with a hearing date of February 22, 2023.  The court has not reopened discovery pursuant to Code of Civil Procedure sections 2024.020 subdivision (b) and 2024.050.   The court finds that the discovery cutoff and the discovery motion cutoff dates have passed and therefore denies Plaintiffs’ motion.  (Code Civ. Proc., § 2024.020, subds. (a), (b).) 

The court denies Plaintiffs’ request for monetary sanctions against Defendant because the court has denied Plaintiffs’ motion.  (Code Civ. Proc., § 2025.450, subd. (g).)

The court denies Defendant’s request for monetary sanctions against Plaintiffs because the court finds that the circumstances presented make the imposition of sanctions unjust.  (Code Civ. Proc., § 2025.450, subd. (g).)

ORDER

The court denies plaintiffs and cross-defendants Jacob Blalock and Benjamin Novak and cross-defendant Orion Precious Metals, Inc.’s motion to compel the deposition of defendant Halt Gold Group, LLC’s person most qualified. 

The court denies all requests for monetary sanctions.

The court orders defendant Halt Gold Group, LLC dba Patriot Gold Group LLC to give notice of this order. 

IT IS SO ORDERED.

DATED:  February 22, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court