Judge: Frank M. Tavelman, Case: 24BBCV00110, Date: 2025-05-30 Tentative Ruling
Case Number: 24BBCV00110 Hearing Date: May 30, 2025 Dept: A
LOS
ANGELES SUPERIOR COURT
NORTH
CENTRAL DISTRICT - BURBANK
DEPARTMENT
A
CONTINUANCE
MAY 30, 2025
MOTION
TO COMPEL FURTHER DISCOVERY RESPONSES
Los Angeles Superior Court
Case # 24BBCV00110
|
MP: |
Tatevik Grigoryan (Plaintiff) |
|
RP: |
Eleven States Transport, Inc. & Edvard
Gabrielyan (Defendants) |
ALLEGATIONS:
Tatevik Grigoryan
(Plaintiff) brings this action against Eleven States Transport, Inc. (Eleven
States) & Edvard Gabrielyan (Gabrielyan) (collectively Defendants).
Plaintiff alleges she was injured in a motor vehicle incident involving
Gabrielyan. Plaintiff alleges that Gabrielyan was negligent in the operation of
a tractor-trailer which caused him to collide with Plaintiff’s vehicle.
Gabrielyan is alleged to have been operating his vehicle in his capacity as an
employee and agent of Eleven States.
Before the Court are
two motions to compel further responses to Plaintiff’s Request for Production
of Documents (RFPD). Specifically, Plaintiff seeks further responses to her
RFPD Nos. 22,
23, 28, 29, 33, 36, 39-42, and 44-49 from both Eleven States and Gabrielyan
(who are represented by the same counsel). Defendants oppose the motion,
arguing that Plaintiff’s counsel failed to properly meet and confer, and that
supplemental discovery responses render the motions moot.
Procedural
Issues
The Court begins by noting
a procedural defect with respect to Plaintiff’s filing. Cal. Rules of Court
Rule 3.1345(c) provides that a “separate statement” in conjunction with a
motion to compel further responses is, “a separate document filed and served with
the discovery motion that provides all the information necessary to understand
each discovery request and all the responses to it that are at issue.” Here,
Plaintiff has not separately filed her separate statement, as the rules of
court require. Failure to do so has resulted in a motion which is both
voluminous and more arduous to review than they typical motion to compel
further responses. Regardless this defect is not dispositive of the Court’s
ability to adjudicate the motion. However, Plaintiff is admonished to comply
with the Rules of Court in the future, and failure to do so may result in a
denial without prejudice of subsequent motions.
The Court has been
engaged in trial this week, and that combined with the non-code compliant issues
has resulted in a delay in the Court being able to issue a tentative
ruling. As such, this matter is
continue to Tuesday, June 3, 2025 at 10:00 AM, or such other date and time which
the parties may stipulate and is available for the Court.
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RULING:
In the
event the parties submit on this tentative ruling, or a party requests a signed
order or the court in its discretion elects to sign a formal order, the
following form will be either electronically signed or signed in hard copy and
entered into the court’s records.
ORDER
Tatevik Grigoryan’s
Motions to Compel Further Responses came on regularly
for hearing on May 30, 2025, with appearances/submissions as noted in the
minute order for said hearing, and the court, being fully advised in the
premises, did then and there rule as follows:
THE MOTIONS TO COMPEL ARE CONTINUED TO
TUESDAY, JUNE 2, 2025 AT 10:00 AM, OR SUCH OTHER DATE COUNSEL MAY STIPULATE TO
AND IS AVAILABLE FOR THE COURT.
PLAINTIFF
TO GIVE NOTICE.
ALL OTHER
DATES REMAIN.
IT IS SO
ORDERED.