Judge: Audra Mori, Case: 20STCV00267, Date: 2023-03-06 Tentative Ruling

Case Number: 20STCV00267    Hearing Date: March 6, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff, Virgil Hood (“Plaintiff”) filed this action against Defendants, Lisa Mooney and Los Angeles County Metropolitan Transportation Authority (“LACMTA”) (collectively, “Defendants”) for damages arising from a motor vehicle accident. 

On September 26, 2022, Plaintiff filed the instant motion to compel further responses to request for production of documents, set one, against defendant LACMTA.  The parties participated in an Informal Discovery Conference (“IDC”) regarding the subject discovery, which concerns surveillance footage from LACMTA’s bus involved in the accident, on October 28, 2022.  The issues were deemed resolved at the IDC with LACMTA agreeing to confirm by November 4, 2022, any additional video footage and Smart Drive information.  The parties were to meet and confer and schedule a video conference by November 14, 2022, to view the additional video footage.  (Min. Order, Oct. 28, 2022.)

However, the parties seemingly represent that issues still remain concerning the subject discovery.  Any opposition to the motion was due on or before February 21, 2022.  The Court’s records show that on February 22, 2023, at 12:15 p.m., Plaintiff electronically filed a Reply/Notice of Non-Receipt of Opposition providing that Defendant has not provided all relevant information.  After Plaintiff’s notice of non-opposition was filed, LACMTA electronically filed its opposition at 3:44 p.m. on February 22, 2023.  LACMTA states that it believed this issue was resolved, and LACMTA asserts that Plaintiff’s motion is untimely as to numerous requests contained therein.    

It is unclear what discovery disputes remain at issue following the parties’ meet and confer efforts.  Further confounding this issue is that LACMTA filed its opposition after Plaintiff filed a notice of non-opposition, and as of February 28, 2023, no other reply from Plaintiff addressing the opposition has been received.  The matter will be continued for the parties to file a joint statement and to further meet and confer regarding LACMTA’s responses.  The Court is hopeful the hearing on the motion will not be necessary.  If the parties are unable to resolve all outstanding issues, the parties must meet and confer and file a joint statement of items in dispute at least 14 days prior to the continued hearing date.  The joint statement must be a single document, with points and authorities provided by both parties, addressing each remaining issue concerning the request or production of documents.    

            The hearing on Plaintiff’s motion to compel further responses is continued to April 24, 2023 at 1:30 p.m. in this Department.  

Plaintiff is ordered to give notice. 

PLEASE TAKE NOTICE:

·       The Court is not available to hear oral argument on this date.  If the parties do not submit on the tentative and want oral argument, the hearing will have to be continued, and the parties must work with the clerk to find an available date for the continuance.

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
• If a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.  
• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.  
• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave. 

Dated this 6^th day of March 2023