Jennifer Herschel,

Plaintiff,

v.

Jesus MEdina, Jr., et al.,

Defendant.

Case No.: BC596612

Hearing Date: March 7, 2018

[TENTATIVE] order RE:

defendant’S motions to compel discovery responses

On February 2, 2018, Defendant/Cross-Defendant Edward Kent Brown (“Defendant Brown”) filed three motions to compel discovery responses from Plaintiff Jennifer Herschel (“Plaintiff”). Plaintiff filed an opposition on February 22, 2018. Defendant Brown’s motions are denied without prejudice.

Pursuant to CCP § 2024.020(a), “any party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for trial in the action.” (Emphasis added.)

On October 27, 2017, the Court granted defendants Jesus Medina, Jr. and Jesus Medina, Sr.’s ex-parte application to continue the trial from November 6, 2017 to March 12, 2018. In doing so, the Court ordered: “All discovery and motion cut off dates to run from the new trial date.” (10/27/17 Minute Order.) Based on the new trial date of March 12, 2018, discovery was cut-off on February 10, 2018, and the last day for the Court to hear discovery motions was February 25, 2018. The moving party has not moved to have discovery motions heard closer to the trial date, for a trial continuance, or otherwise demonstrated that these discovery motions can be heard after February 25, 2018.

Accordingly, the court hereby denies Defendant Brown’s motions to compel and request for sanctions without prejudice for Defendant Brown to bring new motions to compel after first obtaining an order reopening discovery, either by way of stipulation, noticed motion, or ex parte application.

Conclusion and Order

Defendant Brown’s motions to compel and requests for sanctions are denied without prejudice.

Defendant Brown to give notice.

DATED: March 7, 2018 ___________________________

Elaine Lu

Judge of the Superior Court