Judge: John J. Kralik, Case: 23BBCV00960, Date: 2023-10-13 Tentative Ruling
Case Number: 23BBCV00960 Hearing Date: October 13, 2023 Dept: NCB
North
Central District
|
andrius
kantas, Plaintiff, v. neutron
holdings, inc., et al., Defendants. |
Case No.: 22BBCV00960 Hearing Date: October 13, 2023 [TENTATIVE]
order RE: motions to compel responses; motion to
compel deposition |
BACKGROUND
A.
Allegations
Plaintiff Andrius Kantas (“Plaintiff”)
allege that on November 22, 2020, he was operating a scooter owned by Defendant
Neutron Holdings, Inc. (“NHI”) and Defendant Lime. Plaintiff alleges that he was injured as a
result of the failure of essential safety systems and poor maintenance of the
scooter.
The complaint, filed November 9, 2022,
alleges causes of action for: (1) negligence; (2) strict products liability –
design defect; (3) strict products liability – failure to warn; and (4) breach
of implied warranty of merchantability.
B.
Motions on Calendar
On August 8, 2023,
Defendant NHI dba Lime (“Defendant”) filed 2 motions to compel Plaintiff’s
initial responses to: (1) Form and Special Interrogatories (“FROG” and “SROG”);
and (2) Requests for Production of Documents (“RPD”). The motions are not opposed.
On August 8, 2023, Defendant filed a motion
to compel the deposition of Plaintiff. The
motion is not opposed.
The Court notes that Plaintiff is now a
self-represented litigant. On June 12,
2023, the Court granted Plaintiff’s then-counsel’s request to be relieved as counsel.
DISCUSSION
RE MOTIONS TO COMPEL INITIAL RESPONSES
Defendant moves
to compel Plaintiff’s initial responses to the FROG, SROG, and RPD
requests.
On February 17,
2023, Defendant served on Plaintiff the discovery requests, such that responses
were due by March 21, 2023. Defense
counsel sent a letter to Plaintiff’s counsel requesting responses to the
discovery, but Plaintiff’s counsel informed defense counsel that he would be
withdrawing from the case. On June 1,
2023, Defendant sent Plaintiff copies of the discovery requests, requesting
that responses be provided by June 23, 2023.
As of the filing of the motions, Defendant states that it has not
received responses from Plaintiff.
Defendant’s unopposed
motions to compel responses to the FROG, SROG, and RPD are granted pursuant to
CCP §§ 2030.290 and 2031.300. Plaintiff
is ordered to provide verified responses to Defendant’s
discovery requests, without
objections, within 20 days of notice of this order.
No
sanctions were requested.
DISCUSSION
RE MOTION TO COMPEL DEPOSITION
Defendant moves to compel
Plaintiff’s appearance at his deposition within 10 days of the Court’s hearing
on this motion.
Defendant argues that it served the
notice of deposition of Plaintiff on June 1, 2023, scheduling his deposition
for June 20, 2023. Defendant states that
Plaintiff did not serve any objections to the deposition notice. On June 19, 2023, Defendant sent Plaintiff a
Zoom link for his remote deposition.
However, Defendant did not receive any response from Plaintiff. Defendant states that it attended the June
20, 2023 deposition, but Plaintiff did not appear.
As Plaintiff did not attend his
properly noticed deposition, the motion to compel Plaintiff’s deposition is
granted.
No sanctions
were requested.
CONCLUSION
AND ORDER
Defendant Neutron Holdings,
Inc. dba Lime’s two motions to compel responses to the FROG, SROG, and RPD are
granted. Plaintiff is ordered to provide
verified responses to Defendant’s discovery requests, without
objections, within 20 days of notice of this order.
Defendant’s motion to compel Plaintiff’s
attendance at his deposition is granted.
The Court notes that no trial date has been set and there is a Case
Management Conference set for November 9, 2023.
As such, there is still sufficient time to conduct Plaintiff’s
deposition. Defendant is directed to serve
an amended notice of Plaintiff’s remote deposition via email and mail so that
Plaintiff is on notice of the Court’s order and his scheduled deposition
date. Defendant may set Plaintiff’s
deposition for a date 15 days after the hearing of this motion so that
Plaintiff has sufficient notice and may make arrangements for obtaining
counsel.
Defendant shall provide
notice of this order.