Judge: Elaine Lu, Case: 21STCV38183, Date: 2022-10-12 Tentative Ruling





1. If you wish to submit on the tentative ruling,
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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
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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.




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RULING.  The Court will not read or
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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: 21STCV38183    Hearing Date: October 12, 2022    Dept: 26

21STCV38183

 

On October 12, 2022, Counsel for the parties participated in
an informal discovery conference with the Court, at the conclusion of which the
parties agreed as follows:

 

Defendant’s Person Most Knowledgeable and Erika Ocegueda
shall be deposed remotely on November 3, 2022 at 10 am.

 

Plaintiff shall be deposed remotely on November 7, 2022 at
10 am.

 

Rhonda Fairchild shall be deposed remotely on November 10,
2022 at 10 am.

 

Regina Schindler shall be deposed remotely on November 14,
2022 at 10 am.

 

Ronald Sikorski shall be deposed remotely on November 23,
2022 at 10 am.

 

Plaintiff agrees that no later than November 9, 2022,
Plaintiff will voluntarily supplement her responses with further, verified,
code-compliant responses to Requests for Production 1, 7-9, 29, 50-52, 65-67, including
whether Plaintiff is allowing each of these RFPs in part, in whole, or not at
all, and including identification of all documents withheld on the basis of
objections.

 

Plaintiff agrees that no later than November 9, 2022,
Plaintiff will voluntarily supplement her responses with further, verified,
code-compliant responses to form interrogatory 2.13(g) and 17.1.

 

All parties agree that for all Requests for Admissions and
Special Interrogatories to which Plaintiff objects, the terms “medical
condition” or “disability” are as defined in response to Form Interrogatory
204.1.

 

All parties agree that for purposes of Requests for
Admission 9 and 10, the term “supervisor” shall refer to Plaintiff’s direct
supervisor.

 

All parties agree that for purposes of Request for Admission
11, the term “disability leave” shall refer to leave for purposes of a “disability”
as defined in response to Form Interrogatory 204.1.

 

Plaintiff agrees that no later than November 9, 2022,
Plaintiff will voluntarily supplement her responses with further, verified,
code-compliant responses to requests for admission 3, 9-11, 16, 30, 45, 73,
76-78.

 

Defendant withdraws its request for a further response to Special
Interrogatory 2.

 

Plaintiff agrees that no later than November 9, 2022,
Plaintiff will voluntarily supplement her responses with further, verified,
code-compliant responses to Special Interrogatories 3-6, 7, 8-22, 25-26, 29-30,
32, 34, 35, 37-96, 98-99, 100-110, 112, 113, 120, 142-143, 145, 147, 148-152,
154-157, 162, 173, 174-176, 177, 178, 180-182, 183, 195, 197, 199, 201, 205-207,
216, 218-219, 221, 223, 225, 227, 229, 233, 235, and 239.

 

All parties stipulate that the extension for Defendants to file
and serve motions to compel further Plaintiff’s written responses to discovery is
December 9, 2022.

 

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.  Based on the
stipulations above, it is so ordered.

 

 

If the parties fully resolve all pending discovery issues
relating to the pending motions to compel further, the moving party must
promptly take any pending motion off-calendar via the Court Reservation System
(“CRS”) and cancel all CRS reservations. 
If the parties have not cancelled all CRS reservation before then, the
parties are ordered to appear on December 15, 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.

 



 



 

 























































































Defendant to give notice and file proof of service of such
within 3 days.