Judge: Anne Hwang, Case: 22STCV17219, Date: 2024-09-23 Tentative Ruling

Case Number: 22STCV17219    Hearing Date: September 23, 2024    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely.  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

BACKGROUND

            On April 11, 2024, Defendant Barbara J. Rawashdeh (“Defendant”) served Special Interrogatories, Set Two on Plaintiff Michael Jazz (“Plaintiff”). (Zelner Decl. ¶ 2, Exh. 1.) Plaintiff served responses on May 14, 2024. (Id. ¶ 3, Exh. 2.)

            On June 14, 2024, Defendant filed the instant motion to compel further responses to Special Interrogatories, Set Two. Defendant also seeks monetary sanctions.

            On August 20, 2024, an informal discovery conference (“IDC”) was held, but counsel for Plaintiff failed to appear. Defendant met his IDC obligation under the Eighth Amended Standing Order. (Min. Order, 8/20/24.)

            Plaintiff opposes this motion, and Defendant replies.  

ANALYSIS

The Court’s Eighth Amended Standing Order for Procedures in the Personal Injury Hub requires counsel to participate in an Informal Discovery Conference (“IDC”) before the Court will hear any motion to compel further responses to discovery, and provides that PI Hub Courts may deny or continue any motion if parties fail to schedule and complete an IDC before the scheduled hearing.

Although an IDC was scheduled, the Court notes that Defendant did not file a Separate Statement in connection with this motion. (See Cal. Rules of Court, rule 3.1345(a)(2) [“Any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. The motions that require a separate statement include a motion: . . . (2)  To compel further responses to interrogatories.”].) Additionally, there is an inadequate discussion of the merits of the motion in the supporting memorandum of points and authorities.

In opposition, Plaintiff’s counsel admits he received Defendant’s IDC statement but his staff failed to prepare a responsive statement, and he failed to follow-up, resulting in a mis- calendaring of the IDC. (Matusek Decl. ¶ 11.)

The Court therefore continues the motion in order for an IDC to be held with the parties. The parties are ordered to meet and confer in person or by telephone and attempt to resolve the issues. If the issues cannot be resolved informally, Defendant must reserve an IDC date and file a joint status report. The parties are ordered to meet and confer to prepare the joint status report. The report shall indicate the specific discovery request at issue, the response, and the parties’ positions regarding why a further response should or should not be compelled. The joint status report must be filed at least 5 days prior to the scheduled IDC.

CONCLUSION AND ORDER

Therefore, the Court continues the motion to November 18, 2024 at 1:30 p.m. in Department 32 of the Spring Street Courthouse. Defendant shall schedule and complete an IDC promptly in order for the motion to be heard.

Defendant is ordered to provide notice of the Court’s orders and file a proof of service of such.