Judge: Joel L. Lofton, Case: 21STCV13870, Date: 2023-05-18 Tentative Ruling

Case Number: 21STCV13870    Hearing Date: May 18, 2023    Dept: X

   Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE:     May 18, 2023                          TRIAL DATE: No date set.

CASE:                         K REPUBLIC ENTERTAINMENT GROUP, a California Corporation doing business as K REPUBLIC KARAOKE, v. SOUTH ATLANTIC INVESTMENT LLC, a California limited liability company; 111 NORTH ATLANTIC LLC, a California limited liability company; WEI “JASON” CHEN, an individual and sole managing member of SOUTH ATLANTIC INVESTMENT LLC, CUONG “ROBERT” LUU, an individual; GLOBAL INDEMNITY INSURANCE AGENCY LLC, a California limited liability company; and DOES 1 through 100, inclusive, 

CASE NO.:                 21STCV13870

MOTION TO COMPEL FURTHER

MOVING PARTY:               Defendants South Atlantic Investment LLC, Wei “Jason” Chen, and Coung C. Luu

RESPONDING PARTY:      Plaintiff K Republic Entertainment Group

SERVICE:                              Filed February 22, 2023

OPPOSITION:                       Filed April 18, 2023

REPLY:                                   Filed May 11, 2023

RELIEF REQUESTED

            Defendants seek an order to compel further responses to some of their requests for the production of documents.

BACKGROUND

             This complaint arises out of Plaintiff K Republic Entertainment Group’s (“Plaintiff”) allegations that the landlord and property manager to its leased property failed to properly maintain and repair the premises when multiple leaks occurred. Plaintiff filed a first amended complaint on February 16, 2022, alleging ten causes of action for (1) negligence, (2) gross negligence, (3) res ipsa loquitor negligence, (4) negligence per se, (5) breach of contract, (6) breach of contract, (7) breach of contract, (8) intentional misrepresentation, (9) negligent misrepresentation, and (10 ) unfair and fraudulent business practices in violation of Business and Professions Code section 17200.

TENTATIVE RULING

            Defendants’ motion to compel further responses is DENIED as moot.

            All requests for sanctions are denied.

LEGAL STANDARD

On receipt of a response to discovery requests, the party requesting may move for an order compelling further responses for interrogatories (Code Civ. Proc. 2030.300), requests for admission (Cod. Civ. Proc. section 2033.290), and request for production (Code Civ. Proc. section 2031.310). “Unless notice of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, or any specific later date to which the requesting party and the responding party have agreed in writing, the requesting party waives any right to compel further response to the requests for admission.” (Code Civ. Proc. section 2033.290, subd. (c).)

DISCUSSION

             Defendants provide that they served Plaintiff with their requests for the production of documents on July 21, 2022. (Clark Decl. ¶ 3.) This court heard and granted Defendants’ previous motion to compel further responses on December 15, 2022. Defendants are bringing a second motion for a second order compelling Plaintiff to provide further responses. The court is not inclined to issue a duplicate order for the same set of discovery requests. Further, Plaintiff provided supplemental responses on April 17, 2023. This motion is moot.

            Defendants also requests monetary, issue, and evidentiary sanctions. All requests for sanctions are denied.

CONCLUSION

            Defendants’ motion to compel further responses is DENIED as moot.

            All requests for sanctions are denied.

            Moving Party to give notice.

Dated:   May 18, 2023                                                ___________________________________

                                                                                    Joel L. Lofton

                                                                                    Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court indicating their

intention to submit.  Parties intending to appear are strongly encouraged to appear remotely.  alhdeptx@lacourt.org