Judge: Christopher K. Lui, Case: 23STCV00357, Date: 2024-04-23 Tentative Ruling

Case Number: 23STCV00357    Hearing Date: April 23, 2024    Dept: 76

            Plaintiffs allege that Defendant’s employee negligently pumped a few hundred gallons of caustic into a peroxide tank at Plaintiff Tri-Star’s premises, which set off a chemical reaction that caused a fireball to erupt, followed by a geyser of caustic and peroxide mixture that damaged the premises.

Defendant Brenntag Pacific, Inc. moves to “compel responses” to second set of form interrogatories, second set of special interrogatories, second set of requests for production, and first set of requests for admission. Defendant also seeks the imposition of sanctions against Plaintiff.

TENTATIVE RULING

On April 5, 2024, Plaintiff served verified supplemental responses to these written discovery requests. (Kim Decl., ¶ 18; Exhs. 5 – 8.) As such, the motions to “compel responses” are MOOT. Defendant may bring properly-noticed motions to compel further responses as to these April 5, 2024 responses.

            Defendant’s requests for sanctions are DENIED. Defendant improperly reserved these motions as motions to compel responses—not further discovery—when in fact they were motions to compel further responses. This was an improper use of the Court Reservation System (“CRS”) in an attempt to cut in line in front of litigants who properly reserve motions to compel further responses. The Court will not reward such conduct.