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.