Judge: William A. Crowfoot, Case: 18STCV06099, Date: 2022-09-26 Tentative Ruling

Case Number: 18STCV06099    Hearing Date: September 26, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On June 21, 2022, plaintiff Sherman Vickers (“Plaintiff”) filed this motion to continue the trial date and all pre-trial deadlines.  Defendant Cynthia Olmos (“Defendant”) opposed the motion on the grounds that the motion was untimely served on June 21, 2022 and should have been served on June 19. 2022.  Accordingly, the Court continued the hearing to August 11, 2022, to allow Defendant the opportunity to file a substantive opposition.  The Court also ordered the parties to meet and confer regarding the discovery which Plaintiff claims is outstanding. 

On July 29, 2022, Defendant filed an opposition brief explaining that Plaintiff failed to meet and confer and refused to provide any support or justification for his request to reopen discovery.  

At the previous hearing on August 11, 2022, the Court continued the hearing again and ordered Plaintiff to submit a discovery plan with the Court by September 12, 2022.  Subsequently, Plaintiff filed a discovery plan on September 12, 2022, and Defendant filed a response to the plan on September 19, 2022.

Plaintiff’s discovery plan only includes a supplemental interrogatory and Defendant’s response states that Plaintiff requested Defendant’s insurance policy information.  Defendant states that Plaintiff is already in possession of this insurance information but can produce it within 10 days of the hearing.  Plaintiff’s attempt to reopen discovery in order to serve a supplemental interrogatory is an end-run to the Court’s ruling on February 9, 2022, in which the Court found that Plaintiff’s motion to compel further responses was untimely.  Accordingly, Plaintiff has failed to show good cause for a continuance and the motion to continue the trial and pre-trial deadlines is DENIED.  Consistent with the representation alluded to above, Defendant shall produce its insurance policy information within 10 days of this hearing.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.