Judge: Glenn R. Salter, Case: 20-1137359, Date: 2022-09-01 Tentative Ruling

Motion to Compel Medical Report

The motion of the defendant to compel the plaintiff to produce the reports demanded under Code of Civil Procedure section 2032.640 is DENIED without prejudice.

Although a demand for production was made under section 2032.640, that section comes into play only if a proper demand has been made already pursuant to Code of Civil Procedure section 2032.610.

The plaintiff states that no such preliminary demand was made.  The defendant did not file a reply and thus the court concludes the defendant concedes the point.

The competing requests for sanctions are DENIED.  The court finds under the circumstances that the imposition of sanctions would be unjust.

Motion to Compel—Form Interrogatories (Set Two)

The motion of the defendant to compel responses to Form Interrogatories (Set Two) is DENIED as MOOT.

The court declines to award sanctions.

Notice

The plaintiff shall give notice.