Nicole Denise Griggs vs Cottage Health et al

Case Number

21CV04146

Case Type

Hearing Date / Time

Fri, 12/06/2024 - 10:00

Nature of Proceedings

Motion to Compel

Tentative Ruling

This is a motion by defendant Cottage Health to compel plaintiff Nicole Griggs to respond to defendant’s request for production, set two (RFP), and for monetary sanctions. The RFP were served by email on July 19, 2024. (Clinkenbeard decl., ¶ 4 & exhibit B.) No responses have ever been received nor any extension to respond been granted. (Id., ¶ 5.)

A trial confirmation conference was set for April 5, 2024, at a case management conference on November 17, 2023, at which Griggs, self-represented, and counsel for Cottage Health were both present. The trial confirmation conference was confirmed at the settlement conference held on March 15, 2024. On April 5, 2024, at the trial confirmation conference at which both parties attended, the court set trial dates certain commencing on November 12, 2024.

Cottage Health filed this motion on September 4, 2024, with notice of this hearing on December 6, 2024.

On November 12, 2024, at the call of trial in this matter, no appearance was made by the plaintiff. The court’s minute order noted that although the court could see that plaintiff had logged into Zoom, there was no response when the court called the case. The court set a new trial confirmation conference for December 6, 2024, to reset the court trial. Counsel for defendant filed a notice of ruling on November 13. The court did not make any orders reopening or extending the discovery cut-off dates.

“Except as otherwise provided in this chapter, 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 the trial of the action.” (Code Civ. Proc., § 2024.020, subd. (a).) “Except as provided in Section 2024.050, a continuance or postponement of the trial date does not operate to reopen discovery proceedings.” (Code Civ. Proc., § 2024.020, subd. (b).) When noticed, the hearing on this discovery motion was 24 days after the initial trial date certain. (The court notes that the cut-off runs from the earlier trial confirmation date, but it is sufficient here to use the trial date certain.)

“Subdivision (a) of section 2024.020 specifies that ‘[e]xcept as provided in this chapter, any party shall be entitled as a matter of right ... to have motions concerning discovery heard on or before the 15th day, before the date initially set for the trial of the action.’ … Thus, if a party properly notices a discovery motion to be heard on or before the discovery motion cutoff date, that party has a right to have the motion heard. By negative implication, a party who notices a discovery motion to be heard after the discovery motion cutoff date does not have a right to have the motion heard.” (Pelton-Shepherd Industries, Inc. v. Delta Packaging Products, Inc. (2008) 165 Cal.App.4th 1568, 1586, italics omitted.) No motion to permit a hearing after the discovery cut-off has been filed. (See ibid.) The motion to compel will therefore be denied as untimely.