Judge: Holly J. Fujie, Case: 24STCV01604, Date: 2025-01-08 Tentative Ruling

Case Number: 24STCV01604    Hearing Date: January 8, 2025    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY:  Defendant Los Angeles Unified School District (“LAUSD” or “Defendant”)

RESPONDING PARTY: None

            The Court has considered the moving papers. No opposition was filed.

BACKGROUND

            On January 19, 2024, John Doe (“Plaintiff”) filed the operative complaint (“Complaint”) against LAUSD, Gabriela Cortez (Cortez) and Does 1 through 50 alleging causes of action for: (1) Sexual Abuse of a Minor (against Cortez); (2) Intentional Infliction of Emotional Distress (against Cortez); (3) Sexual Assault and Battery (against Cortez); (4) Sexual Harassment (against Cortez); (5) Negligent Hiring, Supervision, & Retention of an Unfit Employee (against LAUSD): (6) Breach of Mandatory Duty: Failure to Report Suspected Child Abuse [Gov. Code §815.6] (against LAUSD); (7) Negligent Supervision of a Minor (against LAUSD); and (8) Negligence (as against Does 41 through 50). The Complaint alleges that Cortez, a teacher at Plaintiff’s high-school, sexually abused Plaintiff while Plaintiff was a high-school student. (Compl., ¶ 10.)

            On October 2, 2024, Defendant filed the instant motion for relief from waiver of objections to demand for inspection and form interrogatories (the “Motion”). The Motion is unopposed.     

DISCUSSION

The trial court has broad discretion to grant relief from waiver of objections on a noticed motion upon determining that: (a) the moving party subsequently served discovery responses which are substantially code compliant; and (b) the moving party’s failure to timely serve responses “was the result of mistake, inadvertence, or excusable neglect.”  (Code Civil Procedure (“CCP”), §§ 2030.290 subd. (a), 2031.300 subd. (a), and 2033.280 (a).) 

            Plaintiff issued form interrogatories and requests for production to Defendant on May 16, 2024. (Mot., Ex. 1.) The parties agreed upon a response date of August 16, 2024. (Miller Decl., ¶ 4.) Counsel for Defendant states that he was suffering from a medical condition at the time which prevented him from timely serving responses. (Miller Decl., ¶ 5.) Defendant states that it served code-compliant responses to the requested discovery on September 10, 2024, including a privilege log. (Miller Decl., ¶ 8, Ex. 4.)

            Defendant’s responses to the discovery appear to be complete and substantially code compliant.  (Miller Decl., Ex. 4.) Defendant’s failure to serve the responses in a timely manner appears to be due to a mistake of counsel caused by health problems. (Miller Decl., ¶ 5.) Plaintiff has not opposed the Motion. Thus, an order granting Defendant relief from its waiver of objections is appropriate.

            The Motion is GRANTED.  Defendant LAUSD is hereby RELIEVED from its waiver of objections in the responses to Plaintiff’s Form Interrogatories, Set One and Request for Production of Documents, Set One.

Moving Party is ordered to give notice of this ruling.           

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

Dated this 8th day of January 2025