Judge: Audra Mori, Case: 22STCV12815, Date: 2022-11-14 Tentative Ruling

Case Number: 22STCV12815    Hearing Date: November 14, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Barry Uche Nnanna’s (“Plaintiff”) filed the instant motions to compel further responses to form interrogatories, set one, and special interrogatories, set one, against each of defendants Ricky Atkinson and Reeve Trucking Company, Inc. (“collectively, “Defendants”) on July 28, 2022, setting them for hearing on September 8, 2022.  The Court’s records show that pursuant to Plaintiff’s request, the motions were rescheduled to November 14, 2022.  However, to date, Plaintiff has not filed notice with proof of service of the new hearing date on Defendants. 

What is more, Plaintiff’s counsel was previously put on notice that per the Court’s Standing Order Re: PI Court Procedures, Plaintiff was required to schedule, and the parties were required to participate in, an Informal Discovery Conference (“IDC”) prior to the motions to compel further responses being heard.  No such IDC has been completed prior to the hearing on these motions, and on October 20, 2022, Plaintiff failed to appear for an IDC concerning the discovery disputes in this action.

The Minute Order for October 20, 2022, confirmed that, pursuant to the Court’s Standing Order, Informal Discovery Conferences must take place prior to hearings on Motions to Compel Further and that the Court may deny a motion to compel further if the parties fail to complete such an Informal Discovery Conference.    

Therefore, because Plaintiff failed to appear for the IDC without explanation, and because Plaintiff has not otherwise participated in an IDC prior to the hearing on these motions, Plaintiff’s motions to compel further responses to form interrogatories, set one, and special interrogatories, set one, against Defendants are taken off-calendar. 

Plaintiff is ordered to give notice. 

PLEASE TAKE NOTICE:

• 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 14^th day of November 2022