Judge: Serena R. Murillo, Case: 22STCV14188, Date: 2023-02-27 Tentative Ruling

Case Number: 22STCV14188    Hearing Date: February 27, 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 argues good cause exists to advance the hearing dates for its motions to compel responses to initial discovery. Defendant argues it attempted to resolve this dispute without the need for Court intervention, but to date, plaintiff has not responded to any discovery requests at all. Defendant argues it cannot move the case forward without the discovery in dispute and without it, the case will be at a standstill for several months until the Court hears the motions.

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 if necessary, 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.