In re Case 25VECV00884

counsel attests Plaintiff failed to appear for his noticed depositions on March 26, 2026, and May 11, 2026. (See i d., P.P. 7, 9-10.) Defendant asserts Plaintiff did not object to these depositions. (See Mot. at 5:26-6:1.) Defendant's counsel attests to date, Plaintiff has failed to reschedule his deposition. (See Thomas Decl., P. 12.)

The Court will deny the Motion. Trial is scheduled for September 23, 2026; the discovery motion cutoff date was September 8, 2026. (See Code Civ. Proc. Sec. 2024.020(a).) "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...subdivision (a) of section 2024.050 specifically allows a discovery motion to be heard after the discovery motion cutoff date by providing that the court may grant leave...to have a motion concerning discovery heard, closer to the initial trial date, or to reopen discovery after a new trial date has been set...in exercising its discretion to grant or deny the motion the court must consider various factors..." (Pelton-Shepherd Indus., Inc. v. Delta Packaging Prods., Inc. (2008) 165 Cal.App.4th 1568, 1586 (cleaned up).)

Here, Defendant didn't file a motion for any relief available to it under Sec. 2024.050 or address the untimeliness of the instant motion in its moving papers.

VI. CONCLUSION

Based on the foregoing, the Court DENIES Defendant's Motion to Compel Plaintiff's Deposition. IT IS SO ORDERED. DATED: September 9, 2026 Hon. Michael R. Amerian Judge, Superior Court | [1] All statutory references are to California codes unless stated otherwise.

is Granted. | Home -->)" -->