Judge: Stephen I. Goorvitch, Case: 21STCV13094, Date: 2023-05-18 Tentative Ruling
Case Number: 21STCV13094 Hearing Date: May 18, 2023 Dept: 39
Ramiro Mata
Moya v. Chipmasters Manufacturing, Inc., Case No. 21STCV13094
Plaintiff
filed an ex parte application for an order advancing the hearing and shortening
time on his motion to compel further discovery responses. The hearing is set for August 3, 2023, at
8:30 a.m. Due to congestion of the
Court’s calendar, Plaintiff received the first available hearing date. If this hearing date does not afford
sufficient time in advance of trial, the parties may stipulate to continue the
trial date to accommodate the Belaire-West notice process.
Plaintiff
requests sanctions. There are numerous
problems with this request. First,
sanctions are not available on ex parte applications as a matter of law. Second, sanctions are not available for
prevailing on a request to advance a hearing or shorten time. Third, Plaintiff appears to be litigating the
underlying discovery dispute, which is not appropriate on an ex parte
application to shorten time.
Plaintiff’s
counsel shall provide notice and file proof of such with the Court.