Judge: Joel L. Lofton, Case: 23AHCV01945, Date: 2024-04-11 Tentative Ruling

Case Number: 23AHCV01945    Hearing Date: April 11, 2024    Dept: X

   Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE:      April 11, 2024                                     TRIAL DATE: No date set.

CASE:                         MARIA AYALA v. 7-ELEVEN, INC., MNG CAP 1 SWEAT, LLC, NASCENT CORPORATION, and DOES 1 to 25, inclusive.

CASE NO.:                 23AHCV01945

MOTION TO COMPEL FURTHER RESPONSES

MOVING PARTY:               Defendant 7-Eleven, Inc. (“Defendant”)

RESPONDING PARTY:      Plaintiff Maria Ayala

SERVICE:                              Filed January 23, 2024

OPPOSITION:                       Filed March 28, 2024

REPLY:                                   No reply filed.  

RELIEF REQUESTED

             Defendant moves for an order compelling Plaintiff to provide further responses to its form interrogatories.

BACKGROUND

             This case arises out of Plaintiff Maria Ayala’s (“Plaintiff”) claim she tripped and fell at Defendants’ premises on August 25, 2021. Plaintiff filed this complaint on August 24, 2023, alleging two causes of action for (1) negligence and (2) premises liability.

TENTATIVE RULING

Defendant’s motion to compel further responses to its form interrogatories is GRANTED. Plaintiff is ordered to provide further responses within twenty (20) days of the date of this order.

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

             Defendant moves for an order compelling Plaintiff to provide further responses to its form interrogatories. Defendant provides that Plaintiff provided deficient responses to its form interrogatories on December 15, 2023. (Anderson Decl. ¶ 2.) In opposition, Plaintiff contends that Defendant failed to properly meet and confer prior to filing this motion. In particular, Plaintiff asserts that Defendant failed to comply with Rule 3.31. However, it appears that Plaintiff may have cited Rule 3.31 applicable to courts in the County of Alameda. The court turns to the specific discovery requests at issue.

            Form Interrogatory No. 8.2: State: (a) the nature of your work; (b) your job title at the time of the INCIDENT; and (c) the date your employment began.

            Form Interrogatory No. 8.3: State the last date before the INCIDENT that you worked for compensation.

Form Interrogatory No. 8.4: State your monthly income at the time of the INCIDENT and how the amount was calculated.

Form Interrogatory No. 8.5: State the date you returned to work at each place of employment following the INCIDENT.

Form Interrogatory No. 8.6: State the dates you did not work and for which you lost income as a result of the INCIDENT.

Form Interrogatory No. 8.7: State the total income you have lost to date as a result of the INCIDENT and how the amount was calculated.

Form Interrogatory No. 8.8: Will you lose income in the future as a result of the INCIDENT? If so, state: (a) the facts upon which you base this contention; (b) an estimate of the amount; (c) an estimate of how long you will be unable to work; and (d) how the claim for future income is calculated.

Form Interrogatory No. 11.1: Except for this action, in the past 10 years have you filed an action or made a written claim or demand for compensation for your personal injuries? If so, for each action, claim, or demand state: (a) the date, time, and place and location (closest street ADDRESS or intersection) of the INCIDENT giving rise to the action, claim, or demand; (b) the name, ADDRESS, and telephone number of each PERSON against whom the claim or demand was made or the action filed; (c) the court, names of the parties, and case number of any action filed; (d) the name, ADDRESS, and telephone number of any attorney representing you; (e) whether the claim or action has been resolved or is pending; and (f) a description of the injury.

            Defendant’s motion to compel further responses to its form interrogatories is granted. Plaintiff is ordered to provide further responses to form interrogatories numbers 8.2, 8.3, 8.4, 8.5, 8.6, 8.7, 8.8, and 11.1.

CONCLUSION

Defendant’s motion to compel further responses to its form interrogatories is GRANTED. Plaintiff is ordered to provide further responses within twenty (20) days of the date of this order.

All requests for sanctions are denied.

Moving Party to provide notice.

Dated:   April 11, 2024                                               ___________________________________

                                                                                    Joel L. Lofton

                                                                                    Judge of the Superior Court