Notice Of Motion And Motion To Compel Further Responses To Plaintiffs Requests For Production Of Documents, Set Two
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SF Superior Court - Law & Motion / Discovery Dept 302 - CGC24620194 - August 7, 2025 Hearing date: August 7, 2025 Case number: CGC24620194 Case title: JASON ANTHONY GOULD ET AL VS. VOLKSWAGEN GROUP OF AMERICA,INC.,A NEW JERSEY ET AL Case Number: | | CGC24620194 | Case Title: | | JASON ANTHONY GOULD ET AL VS. VOLKSWAGEN GROUP OF AMERICA,INC.,A NEW JERSEY ET AL | Court Date: | | 2025-08-07 09:00 AM | Calendar Matter: | | Notice Of Motion And Motion To Compel Further Responses To Plaintiffs Requests For Production Of Documents, Set Two | Rulings: | | Set for Law and Motion/Discovery Calendar on Thursday, August 7, 2025, Line 10. PLAINTIFFs JASON GOULD, and MORRIS GUNNISON's Motion To Compel Further Responses To Plaintiffs Requests For Production Of Documents, Set Two.
Plaintiff Jason Gould's motion to compel further responses is DENIED as untimely.
Plaintiff propounded a Request for Production of Documents, Set Two, on Defendant Volkswagen Group of America, Inc. (VWA) on April 16, 2025. VWA served responses to Plaintiff's RFP Two on May 20, 2025, and verified these responses on May 21, 2025. (Enemuoh decl. para. 8, Ex. D.)
Under Code of Civil Procedure section 2031.310, Plaintiff had to file this motion by Monday, July 7, 2025 (the 45th day from May 21, 2025, fell on Saturday, July 5, 2025). Plaintiff's motion was filed on July 15, 2025, well after the deadline. VWA did not agree to extend this deadline. This deadline is mandatory and jurisdictional, and the court cannot grant Plaintiff's untimely motion. (See Sexton v. Superior Court (1996) 58 Cal.App.4th 1403, 1410.)
The court does not find that Plaintiff's actions in connection with this discovery and request for order were substantially justified. Plaintiff and counsel Ningjing Jiang and Quill & Arrow, LLP, jointly and severally, shall pay $500 as sanctions, payable to the Clerk of the Court, payment no later than by August 29, 2025, receipt filed in the docket for this action no later than September 5, 2025. (See Code of Civil Procedure sections 2023.010 & 2023.030.)
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
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Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.
The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/JMQ) | |