Judge: Audra Mori, Case: 21STCV29980, Date: 2022-08-12 Tentative Ruling

Case Number: 21STCV29980    Hearing Date: August 12, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

ESTHER NAGHI-EGHBAL,

                        Plaintiff(s),

            vs.

 

CENTURY HILL ASSOCATION, ET AL.,

 

                        Defendant(s).

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      CASE NO: 21STCV29980

 

[TENTATIVE] ORDER FINDING MOTIONS TO COMPEL FURTHER RESPONSES MOOT

 

Dept. 31

1:30 p.m.

August 12, 2022

 

Defendant Century Hill Association’s (“Defendant”) instant motions to compel further responses to form interrogatories, set one, and request for production of documents, set one, against Plaintiff Esther Naghi Eghbal (“Plaintiff”) were originally set for hearing on March 11, 2022.  (Min. Order, March 11, 2022.)  However, the hearing was continued for the parties to participate in an Informal Discovery Conference (“IDC”), which the parties did on May 19, 2022.  The parties appeared at the IDC, and at the conclusion of the hearing, the court deemed the issues resolved.  (Min. Order, May 19, 2022.)  However, Defendant did not take the motions off calendar, and at the June 7, 2022 hearing, the court continued the motions pursuant to Plaintiff’s request.  (Min. Order, June 7, 2022.)  A second IDC concerning the discovery was set for July 5, 2022, and the motions were continued to August 12, 2022.  (Min. Order, June 16, 2022.)  At the July 5 IDC there was no appearance or contact by Plaintiff, and counsel were ordered to meet and confer and file a joint statement regarding the issues on August 5, 2022, in advance of the hearing on August 12.  (Min. Order, July 5, 2022; Notice of Rule filed July 8, 2022.) 

 

As of August 9, 2022, no such joint statement or any other briefing relating to the motions has been filed.  Rather, the court notes that on July 25, 2022, Defendant filed motions to compel further supplemental responses to form interrogatories, set one, and request for production of documents, set one, representing that Plaintiff has served supplemental responses to the subject form interrogatories and request for production of documents.  Thus, it appears that Defendant now intends to move to compel further responses as to the supplemental responses served after the instant motions were filed and the parties participated in an IDC.  Because Plaintiff has served supplemental responses, and Defendant has filed nothing further concerning the August 12, 2022 hearing, the original responses have been superseded by Plaintiff’s supplemental responses.  The instant motions are moot.  

 

The court makes no findings concerning the motions to compel further supplemental responses, which are set for October 28, 2022, at this time.  The court notes there is an IDC reserved in this matter for September 6, 2022.  The parties are ordered to participate in an IDC concerning the supplemental responses prior to the October 28 hearing.  If the parties are unable to resolve all outstanding issues at the IDC, the parties must 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.  Given Defendant’s representations that Plaintiff has failed to respond to Defendant’s multiple meet and confer efforts, if Plaintiff fails to participate in drafting a joint statement, Defendant may file a brief providing a status update on the subject discovery after the IDC.  The joint statement and/or brief re: status update must be filed at least two weeks before the October 28 hearing.  

 

Moving Defendant is ordered to give notice.   

 

PLEASE TAKE NOTICE:

 

Dated this 12th day of August 2022

 

 

 

 

Hon. Audra Mori

Judge of the Superior Court