JERMILA MCCOY VS. AMERICAN HONDA MOTOR CO., INC., A CALIFORNIA ET AL

Matter on the Law & Motion/Discovery Calendar for Friday, August 15, 2025, line 3, DEFENDANT AMERICAN HONDA MOTOR CO., INC'S MOTION FOR SUMMARY ADJUDICATION

Defendant American Honda Motor Co., Inc.'s motion for summary adjudication on the second cause of action for concealment is granted. Defendant maintained its summary adjudication burden of production per CCP 437c(p)(2). Plaintiff's factually devoid discovery responses demonstrate that plaintiff has no proof of damage. (Lu Decl., Ex. 6 [Plaintiff's special interrogatory responses 13, 29, 35].)

In opposition, plaintiff failed to file a complete opposition and merely proffered a continuance declaration under CCP 437c(h). The court denies the continuance request. Plaintiff has not been diligent. (Cooksey v. Alexakis (2004) 123 Cal.App.4th 246, 257 [lack of diligence basis to deny CCP 437c(h) continuance request].) This case has been pending for over two years, the trial date is next month, and she does not sufficiently explain why this discovery did not occur earlier. Moreover, the discovery that plaintiff seeks (depose defendant's employees) does not relate to plaintiff's damages. Plaintiff ought to have been able to produce damages evidence without the adduced discovery.

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