Giumarra Brothers Fruit Co. v. Mora

(20) Tentative Ruling

Re: Giumarra Brothers Fruit Co. v. Mora Case No. 23CECG03466

Hearing Date: June 2, 2026 (Dept. 503)

Motion: Defendant’s Motion For Relief From Discovery Waiver

Tentative Ruling:

To deny.

Explanation:

Defendant once again moves for relief from the failure to timely file his motion to compel further responses to his request for production of documents, set one. Defendant argues that the motion was submitted for e-filing on April 10, 2026, but was not actually filed until April 24, 2026, due to a technical error or “excusable neglect,” though it was “timely” served on plaintiff on April 10.

The motion “For Relief From Discovery Waiver” is a bit of a misnomer, as there has been no waiver, in the sense of waiver of objections. (See, e.g., Code Civ. Proc., § 2031.300, subd. (a).) As clearly explained in the court’s May 7, 2026 order denying the motion to compel, defendant’s statutory deadline to file the motion was April 1, 2026. The court has no jurisdiction to grant a motion brought after the deadline has run, and such an untimely motion must be denied. (Golf & Tennis Pro Shop, Inc. v.

Superior Court (2022) 84 Cal.App.5th 127, 137; Vidal Sassoon, Inc. v. Superior Court (1983) 147 Cal.App.3d 683.) As the court explained in the order denying the motion, “defendant did not file his motion to compel until April 24, 2026, 23 days after the deadline to file the motion expired.” It would make no difference if the motion were deemed filed on April 10 instead of April 24. Whether the motion was filed 9 days or 23 days after the statutory deadline, the court lacks jurisdiction to grant the motion.

Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order adopting this tentative ruling will serve as the order of the court and service by the clerk will constitute notice of the order.

Tentative Ruling

Issued By: JS on 5/28/2026. (Judge’s initials) (Date)

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