Judge: Anne Hwang, Case: 22STCV31911, Date: 2024-07-03 Tentative Ruling
Case Number: 22STCV31911 Hearing Date: July 3, 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
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DEPT: |
32 |
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HEARING DATE: |
July
3, 2024 |
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CASE NUMBER: |
22STCV31911 |
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MOTIONS: |
Compel
Responses to Plaintiff’s Special Interrogatories, Set Two |
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Plaintiff Alyssa Bersig |
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OPPOSING PARTY: |
Defendants
The Estate of Garth Sinnott and Linde Gas & Equipment Inc. |
BACKGROUND
Plaintiff Alyssa Bersig (“Plaintiff”) moves to compel responses from Defendant
Estate of Garth Sinnott (“Defendant”) to Special Interrogatories, Set Two. Plaintiff
also seeks monetary sanctions. Defendant opposes and Plaintiff replies.
ANALYSIS
According to Plaintiff’s motion,
she propounded Special Interrogatories, Set Two on Defendant on February 22,
2024. Defendant served responses on April 24, 2024. Plaintiff seeks to compel
further responses to numbers 51 to 61, which contained only objections. As a
result, this is motion to compel further responses under Code of Civil
Procedure section 2030.300.
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. There is no
indication in the record that Plaintiff filed an IDC statement with the Court
or scheduled an IDC for this motion. As a result, no IDC has
taken place.
The
Court therefore continues the motion.
CONCLUSION
AND ORDER
Therefore, the Court continues the motion to August 7, 2024 at 1:30
p.m. The parties shall meet and confer by telephone to attempt to resolve their
dispute. If they are unable to reach a resolution, counsel must appear for an
informal discovery conference on July 23, 2024 at 11:00 a.m. The parties shall
file a joint status report two days in advance and serve a courtesy copy to the
Court by 4:00 p.m. two days in advance, setting forth which issues remain and
any additional arguments.
Plaintiff is ordered to provide notice of the Court’s orders and file
a proof of service of such.