Judge: Stephen I. Goorvitch, Case: 21STCV30514, Date: 2023-04-04 Tentative Ruling

Case Number: 21STCV30514    Hearing Date: April 4, 2023    Dept: 39

Emi Ito, et al. v. Dongsik Benjamin Park, Case No. 21STCV30514

This case is set for trial on May 9, 2023, and Plaintiffs’ counsel seeks to advance a hearing on a motion to compel business records from a third party, Live Nation Entertainment, Inc.  Currently, the motion is set for hearing on June 27, 2023.  The Court does not have available hearing dates before trial due to congestion of the Court’s calendar, so the ex parte application is denied.  It is clear that this case will not be ready for trial on the current trial date given the pending discovery motions.  Moreover, the Court has 24 trials set between April 4 and May 9, 2023.  Of these trials, 18 cases would take priority over the instant case.  One trial is entitled to statutory preference, and 17 cases are older than the instant case.  Therefore, the Court orders as follows:

1.       The Court advances and vacates the final status conference and shall hold a trial setting conference on June 2, 2023, at 8:30 a.m.  All discovery and motions deadlines shall be based on the former trial date (May 9, 2023) except those relating to the pending motions. 

2.       The Court advances and continues the hearing on Defendant Dongsik Benjamin Park’s motion to quash from April 18, 2023, to June 2, 2023, at 8:30 a.m.

3.       The Court advances and continues the hearing on Plaintiffs’ motion to compel from June 27, 2023, at June 2, 2023, at 8:30 a.m.  Plaintiffs’ motion was not personally served on counsel for Live Nation Entertainment, Inc., as required by California Rules of Court, rule 3.1346.  Therefore, Plaintiffs’ counsel shall re-serve the motion personally or file a declaration stating that counsel for Live Nation Entertainment, Inc. agreed to accept service via email. 

4.       The parties may notice any additional discovery motions for hearing on June 2, 2023, at 8:30 a.m., provided they are timely. 

5.       Plaintiffs’ counsel shall provide notice and file proof of such with the Court.