Judge: Robert C. Longstreth, Case: 37-2022-00034309-CU-BC-CTL, Date: 2023-11-03 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - November 02, 2023

11/03/2023  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert Longstreth

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Breach of Contract/Warranty Discovery Hearing 37-2022-00034309-CU-BC-CTL TAYLOR VS KIA AMERICA INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff's Motion for an Order Deeming the Truth of Matters Admitted in Plaintiff's Requests for Admissions (Set One), Motion to Compel Responses Without Objections to Plaintiff's Form and Special Interrogatories (Set One), and Motion to Compel Responses Without Objections to Plaintiff's Requests for Production of Documents (Set One) are DENIED. (ROA 19, 22, 25.) Plaintiff reserved one hearing slot but filed three separate motions to compel. The court has exercised its discretion on this occasion to consider all three motions. However, the court's calendar generally cannot accommodate additional motions for which no reservation was made. Plaintiff's counsel is admonished to follow all court rules going forward. 'Failure to reserve a date for hearing will result in the demurrer, motion, ex parte application, or order to show cause hearing not being heard.' (San Diego Superior Court Local Rules, Rule 2.1.19(A).) After the motions were filed, Defendant served verified responses to the discovery requests at issue.

Accordingly, the motions are denied on the grounds they are moot.

In its opposition papers, Defendant seeks to be relieved from waiver of its objections to the discovery requests. This request is not properly raised in the opposition papers and must be presented on a noticed motion. (Code Civ. Proc. § 2030.290(a); 2031.300(a); 2033.280(a).) Accordingly, the Court did not consider this request, and makes no ruling on whether the objections have been waived. The Court expects that an adequate meet and confer will be conducted on this issue should either party wish to pursue this issue further, and reminds the parties that the Court is available for informal discovery conferences as to any such dispute.

Calendar No.: Event ID:  TENTATIVE RULINGS

3041316  9