Judge: Serena R. Murillo, Case: 21STCV32328, Date: 2023-03-15 Tentative Ruling

Case Number: 21STCV32328    Hearing Date: March 15, 2023    Dept: 29

TENTATIVE

The motion to advance the hearing dates on Defendant’s motions to compel discovery is DENIED.

Legal Standard

California Rules of Court, rule 3.1335 states as follows:  

(a) Noticed motion or application required 

A party seeking to advance, specially set, or reset a case for trial must make this request by noticed motion or ex parte application under the rules in chapter 4 of this division. 

(b) Grounds for motion or application 

The request may be granted only upon an affirmative showing by the moving party of good cause based on a declaration served and filed with the motion or application. 

(Cal. Rules of Court, rule 3.1335(a)-(b) (emphasis in original).) 

Discussion

Defendant requests to advance the current Motion to Compel hearing dates set for August 14, 2023, so that the motions may be heard sufficiently in advance of trial, which is set for August 17, 2023, such that a court order to compel discovery will be efficacious.

However, the PI Hub Courts have no capacity to shorten time to add hearings to their fully booked motion calendars. Given the PI Hub Courts’ impacted calendars, the moving party must wait until its scheduled hearing date and file a noticed motion to continue the trial instead. As a result, the Court does not find good cause has been shown.

The motion to advance the hearing date is DENIED.

Moving party is ordered to give notice.