Judge: Elaine Lu, Case: 19STCV34805, Date: 2022-08-09 Tentative Ruling
1. If you wish to submit on the tentative ruling,
please email the clerk at SMCdept26@lacourt.org (and “cc” all
other parties in the same email) no later than 7:30 am on
the day of the hearing, and please notify all other parties in advance that you
will not be appearing at the hearing. Include the word "SUBMISSION" in all caps in the
subject line and include your name, contact information, the case number, and
the party you represent in the body of the email. If you submit on the
tentative and elect not to appear at the hearing, the opposing party may
nevertheless appear at the hearing and argue the motion, and the Court may
decide not to adopt the tentative ruling.
2.
For any motion where no parties submit to the tentative ruling in
advance, and no parties appear at the motion hearing, the Court may elect to
either adopt the tentative ruling or take the motion off calendar, in its
discretion.
3. PLEASE DO NOT USE THIS
EMAIL (SMCdept26@lacourt.org) FOR ANY PURPOSE OTHER THAN TO SUBMIT TO A TENTATIVE
RULING. The Court will not read or
respond to emails sent to this address for any other purpose.
4. IN ORDER TO IMPLEMENT
PHYSICAL DISTANCING GOING FORWARD AND UNTIL FURTHER NOTICE, THE COURT STRONGLY
ENCOURAGES ALL COUNSEL AND ALL PARTIES TO APPEAR TELEPHONICALLY FOR NON-TRIAL
AND NON-EVIDENTIARY MATTERS. Thus, until further
notice, Department 26 strongly encourages telephonic appearances for motion
hearings that do not require the presentation of live testimony.
Case Number: 19STCV34805 Hearing Date: August 9, 2022 Dept: 26
On August 9, 2022, Counsel for the parties participated in
an informal discovery conference with the Court, at the conclusion of which the
parties agreed as follows:
Within two weeks, Plaintiff will voluntarily supplement her responses
to Defendant Abel Duron’s Requests for Production, set two, numbers 31-38. With respect to requests for production 34 and
38, Plaintiff agrees to identify all depositions taken and provide information
as to the name of witness, name and contact information of court reporter and date
for each deposition; Defendant will contact the court reporter for each
deposition to order a copy of the transcript, and Defendant will bear the
expense of ordering such copies of transcripts.
Upon receiving Plaintiff’s supplemental responses, the
parties are ordered to meet and confer further regarding the adequacy of Plaintiff’s
supplemental responses.
The parties entered into these stipulations in open Court. Prior to finalizing this minute order, the
Court posted this minute order on the Court’s online tentative ruling website,
and all Counsel agreed to the accuracy of this minute order in reflecting the
parties’ stipulations.
If the parties fully resolve all pending discovery issues
relating to the pending motions to compel further, then Defendant must cancel
all CRS reservations for motions to compel further. If the parties have not cancelled all CRS
reservation for motions to compel further before then, the parties are ordered
to appear on September 30,
2022 at 8:30 am for a discovery status conference.
For any motion to compel further in this action that has
been filed or will be filed in the future, the responding party’s voluntary
service of supplemental responses prior to the hearing will moot all issues for
the motion except for sanctions. The
parties are ordered to meet and confer regarding sanctions and to file a joint
statement within 5 days of the service of supplemental responses; the joint
statement must advise that supplemental responses have been served and advise whether
the parties have been able to resolve the sole remaining issue of sanctions. In order to demonstrate that supplemental
responses have been served thereby mooting a pending motion to compel further,
the responding party must also file and serve a copy of the verified
supplemental responses no later than when the opposition is due. If the moving party deems that the
supplemental responses remain deficient and/or non-code compliant, the moving party
must timely (within 45 days of service of the supplemental responses) file and
serve a new motion to compel further complying with all statutory requirements,
including a meet and confer regarding the supplemental responses and a separate
statement that includes all responses (original and supplemental). The moving party may contact Department 26 to
request a further informal discovery conference to discuss the remaining
disputes following the service of supplemental responses. The parties are ordered to file a joint
statement of items remaining in dispute no later than 5 days before the further
IDC.
Moving party to give notice.