Judge: Craig Griffin, Case: Johnson v. Dodd, Date: 2023-08-14 Tentative Ruling

Before the Court are three unopposed motions to compel further responses to Special Interrogatories, Form Interrogatories and Requests for Production of Documents, all sets one, from Plaintiffs, Ronald Johnson and Kim Johnson (“Plaintiffs”) filed by Defendant, HSCA, Inc. (“Moving Party”).  The motions are CONTINUED to August 28, 2023, at 2:00 p.m. in this department. 

On May 10, 2023, the Court, on its own motion, advanced the discovery motions set on August 21, 2023, and August 28, 2023, to be heard with the discovery motion set on August 14, 2023.  The Clerk provided notice to Moving Party and Moving Party was ordered to give notice to all other parties.  (See ROA 141.)  However, no proof of service showing service of notice of the new hearing date on Plaintiffs was filed with the Court.  Accordingly, the motions are CONTINUED to the above date and time to ensure Plaintiffs receive proper notice of this hearing.  Moving Party is ordered to file a proof of service of notice of the new hearing date on Plaintiffs and all parties to this action at least 5 court days prior to the new hearing date.

If Moving Party files a proof of service showing Plaintiffs were timely served with notice of the current hearing date prior to or at the hearing and Plaintiffs fail to appear, the Court will grant the unopposed motions with Plaintiffs ordered to provide further code-compliant written responses to the subject discovery within 20 days of notice of ruling.  Plaintiffs would also be ordered to pay a reasonable monetary sanction of $1,200 per motion, to Moving Party, through its counsel of record, within 30 days of notice of ruling.  (Code Civ. Proc., §§ 2030.300(a), (d) and 2031.310(a), (h).)

Counsel for Moving Party is to give notice.