Judge: Anne Hwang, Case: 23STCV12584, Date: 2024-10-18 Tentative Ruling

Case Number: 23STCV12584    Hearing Date: October 18, 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

Defendant Fredis Eredia (“Defendant”) moves to compel further responses to Form Interrogatories, Set One, numbers 6.4, 6.5, 6.6, 6.7, 7.1, 7.2, 7.3, and 20.2, from Plaintiff Bertha Ulloa (“Plaintiff”). No opposition has been filed.

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. There is no indication in the record that Defendant filed an IDC statement with the Court or scheduled an IDC for this motion.

Furthermore, it appears that insufficient notice was provided for this motion. Under Code of Civil Procedure section 1005(b), moving papers must be served and filed at least 16 court days before the hearing. Applying this, 16 court days before the current hearing was September 25, 2024. Additionally, if notice is served electronically, the 16-day notice period is increased by two-court days. (Code Civ. Proc. § 1010.6(a).) Therefore, notice of this motion was due September 23, 2024 (two court days before September 25, 2024). According to the proof of service, Defendant served this motion electronically on September 25, 2024.

The Court therefore continues the motion.

CONCLUSION AND ORDER

Therefore, the Court continues the motion to December 9, 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.