Judge: Elaine Lu, Case: 22STCV28666, Date: 2023-04-26 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
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: 22STCV28666 Hearing Date: April 26, 2023 Dept: 26
22STCV28666
2023-04-26 Minute Order
On April 26, 2023, Counsel for the
parties participated in an informal discovery conference with the Court, at the
conclusion of which the parties agreed as follows:
Within 4 weeks, Defendant Refoua will
voluntarily supplement his responses to RFAs 18-21, RPDs 1-2, 6-7, 11 and produce
the corresponding documents.
Within 4 weeks, Defendant Refoua will
voluntarily produce the documents for RPDs 3-4.
With respect to RPD 8 to Refoua, all
parties stipulate to modify the language
to: “All DOCUMENTS EVIDENCING the balance that YOU claim that YOU owe, pursuant
to the GUARANTY if Plaintiff is correct that Regreen has defaulted on the NOTE.” Within 4 weeks, Defendant Refoua will
voluntarily supplement his response to RPD 8 as modified and produce the
corresponding documents.
Plaintiff withdraws RPD 12 because
it is duplicative of RPD 8.
Within 4 weeks, Defendant Regreen,
Inc. will voluntarily supplement its responses to RFAs 4-16; RPDs 1-2, 5-7 and
produce the corresponding documents.
Within 4 weeks, Defendant Regreen,
Inc. will voluntarily produce the documents for RPDs 3, 4, 8-10.
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 May 26, 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.
Moving party to give notice.