Judge: Elaine Lu, Case: 22STCV36554, Date: 2023-04-18 Tentative Ruling

Case Number: 22STCV36554    Hearing Date: April 18, 2023    Dept: 26

22STCV36554

4/18/23:

Defendant HOWARTH & SMITH's ex parte application for refund of excess filing fees is denied without prejudice.  Defendant HOWARTH & SMITH must complete the L.A. Superior Court form to request the refund.

All parties stipulated in court today to advance the 4/27/23 informal discovery conference to today at 2:15 pm.

On April 18, 2023, Counsel for the parties participated in an informal discovery conference with the Court, at the conclusion of which the parties agreed as follows:

No later than April 25, 2023, Engstrom Lipscomb & Lack (“EL&L) will voluntarily serve further responses to its responses to Form Interrogatory 17.1 in connection with Requests for Admissions 1 and 15.

No later than April 25, 2023, JACK SILVERMAN, CLARA SILVERMAN, AND MARIEL SANDOVAL will voluntarily serve further responses to Form Interrogatory 17.1 in connection with Requests for Admissions 28 and 29.

With regard to Special Interrogatories 4, 5, 6, and 7, all parties agree and stipulate that Jack Silverman, Clara Silverman, Mariel Sandoval, and Stella Sandoval will each respond to the modified interrogatory “What amount of the [gross settlement] at issue does YOUR FAMILY (Jack Silverman, Clara Silverman, Mariel Sandoval, and Stella Sandoval collectively) claim that your family is entitled to – apart from any recovery by your attorneys?”  No later than May 2, 2023, JACK SILVERMAN, CLARA SILVERMAN, and MARIEL SANDOVAL will voluntarily serve further responses to Special Interrogatories 4, 5, 6, and 7, as modified.

No later than May 2, 2023, JACK SILVERMAN, CLARA SILVERMAN, and MARIEL SANDOVAL will voluntarily serve further responses to Special Interrogatories 2, 3, 8 and 9.

No later than May 2, 2023, Engstrom Lipscomb & Lack (“EL&L) will voluntarily serve further responses to Special Interrogatories 2, 3, and 14.

With regard to Special Interrogatories 17 through 20, all parties agree and stipulate that Engstrom Lipscomb & Lack (“EL&L) will respond to the modified interrogatory: “What amount of the [gross settlement] at issue do you claim that the Silverman/Sandoval family (Jack Silverman, Clara Silverman, Mariel Sandoval, and Stella Sandoval collectively) is entitled to – apart from any recovery of fees by YOU?”  No later than May 16, 2023, Engstrom Lipscomb & Lack will voluntarily serve further responses to Special Interrogatories 17 through 20 as modified.

With regard to Special Interrogatories 4 through 8, Engstrom Lipscomb & Lack will serve a further response in compliance with Deyo v. Kilbourne no later than May 16, 2023.

No later than May 16, 2023, Engstrom Lipscomb & Lack will serve a further response to Requests for Production 14, 16, 19-22.

Engstrom Lipscomb & Lack and Howarth and Smith will further brief their respective positions with regard to Requests for Production 5 and 12, upon which the parties did not reach an agreement today.

JACK SILVERMAN, CLARA SILVERMAN, and MARIEL SANDOVAL and Howarth and Smith will further brief their respective positions with regard to Requests for Production 3 and 10, upon which the parties did not reach an agreement today.

No later than May 16, 2023, JACK SILVERMAN, CLARA SILVERMAN, and MARIEL SANDOVAL will serve a further response to Requests for Production 12, 14, 17-20.

Provided that JACK SILVERMAN, CLARA SILVERMAN, and MARIEL SANDOVAL and EL&L serve the supplemental responses agreed upon today, the only disputes that remain are: (1) Howarth and Smith’s motion to compel depositions, which Howarth and Smith intends to advance on its on CRS to May , 2023, (2) Howarth and Smith’s motion to compel Engstrom Lipscomb & Lack’s further responses to Requests for Production 5 and 12, which Howarth and Smith intends to advance to May 23, 2023 on its own on CRS and (3) Howarth and Smith’s motion to compel JACK SILVERMAN, CLARA SILVERMAN, and MARIEL SANDOVAL’s further responses to Requests for Production 3 and 10, which Howarth and Smith intends to advance to May 23, 2023 on its own on CRS.  Upon advancing any motion on CRS, the moving party must immediately file and serve notice of the advanced hearing date.

No later than when JACK SILVERMAN, CLARA SILVERMAN, and MARIEL SANDOVAL and EL&L serve the supplemental responses agreed upon today, Howarth and Smith must cancel the corresponding CRS reservation and concurrently file and serve notice of withdrawal of the motion.

If Howarth and Smith advances on CRS the motion to compel depositions to May 9, 2023, the parties may file a stipulation to advance JACK SILVERMAN, CLARA SILVERMAN, and MARIEL SANDOVAL and EL&L’s motion for protective order to the same date because the two motions deal with the same issues.

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 23, 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 HOWARTH & SMITH's ex parte application to advance motions hearing is denied as moot in light of the parties’ stipulations above and in light of Defendant HOWARTH & SMITH's ability to advance on CRS its motion to compel depositions and motion to compel further responses to requests for production.

Howarth and Smith to give notice.