Judge Elaine Lu, Case Number: 21STCV29683, Date: 2023-09-26 Tentative Ruling

Judge: Elaine Lu, Case: 21STCV29683, Date: 2023-09-26 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
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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.

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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: 21STCV29683 Hearing Date: November 27, 2023 Dept: 26

Defendant Kedren Community Health Center, Inc. served untimely responses to the discovery at issue – i.e., Form Interrogatories – General, Set Two, Supplemental Interrogatories, Set One, Request for Production of Documents, Set Two, and Supplemental Request for Production of Documents, Set One. (Supp. Crippen Decl. ¶ 5, Exh. 4.) Thus, Plaintiff’s motions to compel responses are MOOT except as to sanctions.

To avoid unnecessary motion practice the court notes that because the responses are untimely, all objections have been waived. (CCP § 2030.290(a); CCP § 2031.300(a).) Any relief from such waiver of objections must be timely sought by a noticed motion with responses that are in substantial compliance. (CCP § 2030.290(a); CCP § 2031.300(a).)

Thus, Defendant’s responses, including the proposed objections, must be in substantial compliance. For example, to be substantially compliant, objections to requests for documents must include a log specifically identifying any withheld documents. (See CCP § 2031.240(b)(1-2), [“b) If the responding party objects to the demand for inspection, copying, testing, or sampling of an item or category of item, the response shall do both of the following: (1) Identify with particularity any document, tangible thing, land, or electronically stored information falling within any category of item in the demand to which an objection is being made. (2) Set forth clearly the extent of, and the specific ground for, the objection. If an objection is based on a claim of privilege, the particular privilege invoked shall be stated. If an objection is based on a claim that the information sought is protected work product under Chapter 4 (commencing with Section 2018.010), that claim shall be expressly asserted.”] [Italics added.].)

Similarly, to be substantially complaint, responses to interrogatories must be as complete and responsive as possible. As explained in Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, “[a]nswers must be complete and responsive. Thus, it is not proper to answer by stating, ‘See my deposition,’ ‘See my pleading,’ or ‘See the financial statement.’ Indeed, if a question does require the responding party to make reference to a pleading or document, the pleading or document should be identified and summarized so the answer is fully responsive to the question.” (Id. at pp.783–784, [italics added].)

Defendant is ordered to pay sanctions to Plaintiff, by and through counsel of record, in the amount of $4,120.00 within 30 days of notice of this order.

Moving party to give notice.