Judge: Alison Mackenzie, Case: 23STCV13348, Date: 2024-03-28 Tentative Ruling

Case Number: 23STCV13348    Hearing Date: March 28, 2024    Dept: 55

NATURE OF PROCEEDINGS: Hearing on Motion to Compel Further Responses

The Court will continue the motion to a date mutually agreed upon by the parties at the hearing. Counsel for Plaintiff has, yet again, failed to abide by Department 55's Courtroom Information statement that the Court expects parties to participate in an Informal Discovery Conference prior to filing any motion to compel further responses. The parties must first exhaust all meet and confer efforts, and, if they are truly at an impasse, schedule an IDC to discuss the discovery disputes with the Court.

Counsel did not schedule an IDC. She instead filed a motion to compel further responses days after she sent defense counsel an initial meet and confer letter. She did not even wait for a response to her meet and confer letter before filing a motion. There is nothing in the recod showing that counsel ever spoke to one another on the telephone and had a direct conversation to try and resolve their dispute. Counsel for both parties are well-versed in Lemon Law cases and therefore know the types of documents and information that are typically exchanged during discovery. Given counsel's experience and expertise, the Court expect they will be able to reach an agreement on the disputed issues without Court intervention after a thorough meet and confer. In the event they cannot, the Court expects them to schedule and attend an IDC and follow the Court's rules for the IDC.

Plaintiff's counsel is directed to review her cases pending in Department 55. If counsel has other motions to compel further responses  where she has not already had an IDC with Department 55, the Court expects her to continue those motions out and follow the procedures set forth above. In the future, if the Court sees another motion to compel further responses where plaintiff's counsel has yet again ignored and disregarded Department 55's expectations regarding discovery disputes, the Court will take such a motion off-calendar.