Judge: John J. Kralik, Case: 23BBCV02722, Date: 2024-10-25 Tentative Ruling

Case Number: 23BBCV02722    Hearing Date: October 25, 2024    Dept: NCB

Superior Court of California

County of Los Angeles

North Central District

Department B

BACKGROUND

A.    Allegations

            Plaintiff Tal Lavon (“Mr. Lavon”) alleges that on August 21, 2023, Defendants AGAM Properties, Inc. (“AGAM”), Pacifica First National, Inc. (“Pacifica”), Scott Radin (“Mr. Radin”), and Nathan Agam (“Mr. Agam”) owned, operated, controlled, maintained, designed, managed, inspected, improved, and repaired the premises at or near 3624 Avenida Del Sol in Studio City.  He alleges that Defendants allowed a dangerous condition on the premises, including mold, water damage, insect/pest infestation, and an unmaintained elevator.  Mr. Lavon alleges that he came into contact with the dangerous condition when living at the property, such that he sustained injuries. 

            The complaint, filed November 17, 2023, alleges causes of action for: (1) general negligence; and (2) premises liability.    

B.     Cross-Complaint

On January 8, 2024, AGAM filed a cross-complaint against Mr. Lavon for breach of contract. 

C.     Motions on Calendar

On October 1, 2024, AGAM filed a motion to compel Mr. Lavon’s further response to Request for Production (“RPD”) No. 5.

The Court is not in receipt of an opposition brief.

DISCUSSION

            AGAM moves to compel Mr. Lavon’s further response to RPD No. 5. 

            The Court notes that AGAM filed a “NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO DEFENDANT’S REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE.”  The document includes the caption page (page 1), the notice of motion (page 2), and the attached Reservation ID pages (pages 3 and 4).  No memorandum of points and authorities is attached.  There are no other documents, such as a separate statement or declaration in support of the motion, and no proof of service is attached to the moving papers.

            The Court will continue the hearing on the motion so that AGAM can file a memorandum of points and authorities and any other supporting documents.  AGAM should also file a proof of service of the motion papers so that the Court is aware of whether the other parties are on notice of this motion and have the opportunity to oppose the motion.

CONCLUSION AND ORDER

Defendant AGAM Properties, Inc.’s motion to compel Plaintiff’s further response to RPD No. 5 is continued to December 6, 2024 at 8:30 a.m., so that Defendant may file a memorandum of points and authorities, separate statement (or concise outline), supporting papers, and a proof of service of the motion.  Opposition papers shall be filed and served by November 21, 2024 and reply papers shall be filed and served by November 27, 2024. 

Plaintiff shall provide notice of this order.

DATED:  October 25, 2024                                        ___________________________

                                                                              John Kralik

                                                                              Judge of the Superior Court