Judge: Elaine Lu, Case: 21STCV44872, Date: 2023-04-27 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
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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: 21STCV44872    Hearing Date: April 27, 2023    Dept: 26

4/27/23:

21STCV44872

 

On April 27, 2023, Counsel for the parties participated in an informal discovery conference with the Court, at the conclusion of which the parties agreed as follows:

1)      Defendant withdraws  Form Interrogatories, Set One, No. 12.1.

 

2)      No later than May 30, 2023, Plaintiff will voluntarily supplement to provide code-compliant response to: Special Interrogatories Set Two, Nos. 70, 92, 96; Form Interrogatories Set One, No. 2.6; Special Interrogatories Set One, No. 13.

 

3)      No later than May 30, 2023, Plaintiff will also voluntarily supplement to provide code-compliant response to Requests for Production Set One, Nos. 11, 12, and 14 and Requests for Production Set Two, Nos. 51, 52, 53, 55, and 57, and produce corresponding documents if any.

 

4)      The deadline for Defendant to file a motion to compel further responses to Form Interrogatories Set One; Special Interrogatories Set One; Request for Production Set One; Special Interrogatories Set Two; and Request for Production Set Two is extended to July 17, 2023.

 

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, 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 June 6, 2023 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 is to download this minute order, give notice, and file proof of service of such within 5 court days.