Judge: Audra Mori, Case: BC687782, Date: 2022-08-09 Tentative Ruling

Case Number: BC687782    Hearing Date: August 9, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Defendant Guy Waski (“Defendant”) Defendant propounded supplemental interrogatories, set four, on Plaintiff on February 15, 2022.  To date, Defendant avers Plaintiff has not served responses.  Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions.

However, there is no admissible evidence submitted to establish Defendant propounded the subject discovery on Plaintiff, and that Plaintiff failed to respond.  While Defendant submitted a declaration from defense counsel, Phillip T.S. Tukia, the declaration appears to be missing at least one page.  The declaration’s page numbering jumps from one to three, and defense counsel does not otherwise authenticate or provide a foundation for the documents attached to the declaration.  Notably, Defendant’s moving papers reference paragraphs 3-4 of defense counsel’s declaration when asserting the subject discovery was served on February 15, 2022, but no such paragraphs appear in the declaration submitted.  In a motion proceeding, the moving party has the burden of proving every fact essential to the relief requested.  (Evid. Code § 500; Corns v. Miller (1986) 181 Cal.App.3d 195, 200.)  A memorandum of points and authorities is not evidence.  Defendant, thus, fails to prove Defendant is entitled to the relief requested.

Based on the foregoing, Defendant’s motion to compel is denied.  The denial is without prejudice to Defendant re-filing the motion with all relevant evidence.

Defendant 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 9^th day of August 2022