Judge: Thomas D. Long, Case: 24STCV02188, Date: 2025-02-04 Tentative Ruling

Case Number: 24STCV02188    Hearing Date: February 4, 2025    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On January 26, 2024, Plaintiffs Ben Lee and Ben Lee Properties filed this Song-Beverly action against Defendant Mercedes-Benz USA LLC.

On March 14, 2024, Plaintiffs served Requests for Production on Defendant.  (Yashar Decl. ¶ 4.)  On April 16, 2024, Defendant provided responses, but it did not provide any documents.  (Yashar Decl. ¶ 6.)

On May 17, 2024, Plaintiffs’ counsel sent a letter to Defendant’s counsel about the responses’ deficiencies.  (Yashar Decl. ¶ 7.)  Defendant’s counsel responded the same day, asking when Plaintiffs’ counsel was available to meet and confer telephonically.  (Yashar Decl. ¶ 8.)  On May 23, 2024, Plaintiffs’ counsel responded.  (Yashar Decl. ¶ 8.)

When Defendant’s counsel did not respond, Plaintiffs’ counsel sent another email, and the parties scheduled a call for June 7, 2024.  (Yashar Decl. ¶ 9.)  They finally spoke on June 10, 2024.  (Yashar Decl. ¶ 9.)

Plaintiffs’ counsel sent additional emails on June 13, 2024 and June 25, 2024.  (Yashar Decl. ¶¶ 10-11.)  Defendant’s counsel did not respond.  (Yashar Decl. ¶ 11.)

On June 27, 2024, Plaintiff filed a motion to compel further responses to Requests for Production.

In the absence of a written agreement between the parties, a motion to compel further responses to requests for production, interrogatories, or requests for admissions must be filed within 45 days after the insufficient response.  (Code Civ. Proc., §§ 2030.300, subd. (c), 2031.310, subd. (c), 2033.290, subd. (c).)  This deadline is jurisdictional and “renders the court without authority to rule on motions to compel other than to deny them.”  (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1409-1410.)

Defendant provided responses on April 16, 2024.  (Yashar Decl. ¶ 6.)  Accordingly, the deadline to file a motion to compel further responses was 45 days later, on May 31, 2024.

Plaintiffs’ counsel’s May 23, 2024 email stated, in relevant part, “I will provide the Defendant an extra 14 days to respond to my meet and confer letter.  As such, the Defendant has until June 6, 2024 to respond in exchange for the Plaintiff having until June 27, 2024 to intervene the court if necessary as to the discovery responses.  Please let me know in writing if you do not agree to the contents of this email.”  (Yashar Decl., Ex. 4 at p. 2.)

Defendant’s counsel did not respond.  (Yashar Decl. ¶ 9.)  There is no written agreement between the parties to extend the deadline for filing a motion.  Plaintiff’s motion—filed on June 27, 2024—was filed almost one month after the filing deadline.  The Court has no jurisdiction to rule on the merits of the motion.

The motion is DENIED.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 4th day of February 2025