Tentative Ruling: Maria Azari vs Covenant Living West Inc
Case Number
22CV01556
Case Type
Hearing Date / Time
Fri, 03/27/2026 - 10:00
Nature of Proceedings
Motion: Compel
Tentative Ruling
For the reasons stated herein, the motion of defendant to compel the production of records from Indeed, Inc., is ordered off-calendar as moot.
Background:
The second amended complaint (SAC) filed on June 24, 2024, by plaintiff Maria Azari against defendant Covenant Living West, Inc., is the operative pleading. The SAC alleges one cause of action for retaliation under Labor Code section 1102.5 et seq., arising from defendant’s alleged termination of plaintiff’s employment after plaintiff raised concerns about missed meal and rest breaks, and working overtime without pay. (SAC, ¶¶ 8-10, 12-20, 22-25.)
On November 7, 2024, defendant filed an answer to the SAC, generally denying its allegations and asserting affirmative defenses.
On December 19, 2025, defendant filed a motion for an order compelling Indeed, Inc., to comply with a subpoena for production of business records (the Indeed motion to compel), and to produce responsive documents. That motion was calendared for hearing on March 27, 2026.
On March 6, 2026, defendant filed an unopposed ex parte application (the application) to continue the hearing on the Indeed motion to compel to May 22, 2026, or to a later date. In the application, defendant asserted that good cause exists for a continuance because defendant is actively engaged in ongoing meet and confer with plaintiff and Indeed regarding the production of responsive records; because Indeed has indicated its willingness to produce additional responsive documents upon receipt of a written authorization from plaintiff; and because defendant is waiting for that authorization from plaintiff.
On March 9, defendant, through its counsel, appeared at the hearing on the application, and represented to the court that the parties had reached an agreement. The court granted defendant’s request to take the matter off-calendar.
Court records reflect that plaintiff has not filed any opposition or other response to the Indeed motion to compel.
Analysis:
It is the court’s understanding, based on representations made by defendant’s counsel at the March 9, 2026, hearing of the application, that the parties have resolved the dispute at issue in the Indeed motion to compel, and that the motion is now moot. Unless defendant appears at the hearing on the Indeed motion to compel to explain why the motion is not moot, the court will order the Indeed motion to compel off-calendar.