Judge: Steven A. Ellis, Case: 21STCV45091, Date: 2024-03-27 Tentative Ruling

Case Number: 21STCV45091    Hearing Date: March 27, 2024    Dept: 29

Tentative

The Court will hear from counsel.

The Court’s tentative is to continue the hearing on this motion.  This is a serious matter involving a request for the most extreme sanction for spoliation of evidence.  The hearing was initially set for April 15.  Plaintiff’s counsel filed an ex parte application to advance the hearing date, which the Court granted – because trial was set for April 11 (before the scheduled hearing date).  Then, a week later, the parties stipulated to continue the trial to July 11.  Accordingly, there is no longer any emergency requiring the matter to be heard and resolved today.

Also, in connection with the order advancing the hearing date, the Court truncated briefing and did not allow for a written reply.

Moreover, in the Opposition, Defendant states that the deposition of Yancy Barrios – one of the most important witnesses, and perhaps the most important witness, as to the spoliation issue – was recently noticed. 

The Court inquires of counsel whether the hearing on this important motion should be continued until after that deposition is complete, and the parties have been able to submit any additional briefing necessary or appropriate in light of her testimony.