Judge: Audra Mori, Case: 20STCV28221, Date: 2022-09-09 Tentative Ruling

Case Number: 20STCV28221    Hearing Date: September 9, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Defendants DS Services of America, Inc. and Louis Pulido filed the instant motions to compel further responses to form interrogatories, set one, and request for production of documents, set one, on March 11, 2022.  The parties participated in an Informal Discovery Conference (“IDC”) on May 10, 2022.  At the conclusion of the IDC, the court deemed the issues partially resolved. 

The motions were initially set to be heard on June 6, 2022.  Two court days prior to the hearing, Plaintiff filed an opposition asserting that the relevant discovery responses had been served on Defendants.  Defendants then filed a reply contending that the responses remained inadequate and were not Code-compliant.   

            The June 6, 2022 hearing was then continued to July 5, 2022, to be heard in Department 29 at the Spring Street Courthouse when defense counsel did not stipulate to the matter being heard by Commissioner Bruguera, who was then presiding in this Department.  (Min. Order, June 6, 2022.)  On the court’s own motion, the July 5, 2022 hearing was then continued to September 9, 2022, in Department 29.  On July 11, 2022, the motions were continued from Department 29 to Department 31, where this action is currently pending, for the same date of September 9, 2022, at 1:30 p.m.  Moving parties, Defendants, were ordered to give notice.  (Min. Order, July 11, 2022.) 

            As of September 6, 2022, Defendants have not filed any such notice with this Court.  The Court wishes to ensure that Plaintiff receives proper notice of this hearing.  Therefore, it will be continued for Defendants to serve and file notice with proof of service of the continued hearing date.  If Defendants fail to do so at least 16 court days before the continued hearing date, the Court may take the motions off calendar.

            Additionally, given the unclear status of the discovery issues between the parties, Defendants and Plaintiff are ordered to submit a joint statement of items in dispute at least two weeks prior to the continued hearing date.  The joint statement must be a single document, with analysis by both parties, addressing each remaining issue. 

The hearing on the motion is continued to October 25, 2022 at 1:30 p.m. in Department 31 of the Spring Street Courthouse.  If this date is not an available date for Defendants, Defendants may use the online reservation system to change the hearing date to the next available convenient date in the system.

Defendants are 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 9^th day of September 2022