Judge: Elaine W. Mandel, Case: 21STCV08617, Date: 2022-12-08 Tentative Ruling

Case Number: 21STCV08617    Hearing Date: December 8, 2022    Dept: P

Tentative Ruling
Hanks v. Parker,
Case No. 21STCV08617
Hearing Date
December 8, 2022
Plaintiff’s Motion
for Order Consolidating Discovery Issues and Appointing Discovery Referee

Plaintiff Hanks served
discovery on defendant Parker in September 2021. After Parker did not timely
respond, the court granted Hanks’ motions to compel responses, compel Parker’s
deposition and deem requests for admission granted. Defendant served
supplemental responses on July 11, 2022 and November 8, 2022. Hanks argues
these responses are also insufficient. Hanks argues, given the discovery
disputes still outstanding, the discovery issues should be consolidated and a
discovery referee appointed.

A court cannot appoint
a referee unless a majority of the following factors are present: (1) there are
multiple issues to be resolved; (2) there are multiple motions to be heard
simultaneously; (3) the present motion is only one in a continuum; (4) the
number of documents to be reviewed make the inquiry inordinately
time-consuming. Taggares v. Superior Court (1998) 62 Cal.App.4th 94,
105.

Some of the Taggares
factors are present. There are multiple discovery motions pending, and Hanks states
an intention to file additional motions. 
Several discovery motions have already been heard, each time resulting
in an order for Parker to comply.

Nonetheless, a
discovery referee is not inappropriate at this time. None of the upcoming
motions deals with complex issues, nor is there an indication the court would
be required to review voluminous documents or decide multiple, complex issues. Appointment
of a referee would not meaningfully expedite discovery. Hanks argues “there
needs to be a referee that orders [Parker] to comply and sits down and explains
to them item by item what they need to do.” Motion at pg. 6. This is not the
proper role of a discovery referee. At this point, appointment of a referee is
not warranted. DENIED.