Judge: Jon R. Takasugi, Case: 20STCV07283, Date: 2023-02-27 Tentative Ruling

Case Number: 20STCV07283    Hearing Date: February 27, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Enouvation’s motion to compel further responses is DENIED.  

            On 2/21/2020, Plaintiff Era Nouveau Holdings, LLC (Era Nouveau or Enouvation) filed a Complaint against Southern Motion, Inc. (Southern Motion), setting forth a claim for declaratory relief and a claim for breach of contract. Southern Motion answered and cross-complained against Era Nouveau, adding Era Nouveau USA, LLC (EN USA LLC) and Era Nouveau, LLC (EN LLC) as Cross-Defendants and setting forth claims for 1) fraudulent misrepresentations; 2) fraudulent concealment; 3) breach of implied warranty of merchantability; 4) breach of implied warranty of fitness for particular purpose; 5) breach of contract; and 6) violation of Business and Professions Code section 17200. 

On 5/15/2020, Southern Motion filed a Cross-Complaint against ERA Nouveau Holdings, LLC, ERA Nouveau USA, LLC, and ERA Nouveau, LLC. On June 5, 2020, Southern Motion added Samuel Contreras as Roe 1, Nathan Munton as Roe 2, and Thomas Peper as Roe 3. Munton specially appeared and moved to quash service of summons. On September 29, 2020, the Court granted the motion. 

On October 8, 2020, Southern Motion filed its First Amended Cross-Complaint (FAXC), adding David Witmer as a Cross-Defendant and setting forth the same six claims. As of today’s date, Witmer has not yet formally appeared in this action. On May 4, 2021, the Court overruled a demurrer to Southern Motion’s Second Amended Cross-Complaint (SAC).

            Now, Enouvation moves to compel further responses from Southern Motion to its Special Interrogatories. Enouvation also seeks monetary sanctions.

Discussion

            In its initial motion, Enouvation argued good cause existed to compel further responses to Enouvation’s Second Set of Special Interrogatory Nos. 32-48.

            In opposition, Southern Motion notes that the briefing schedule of this motion was moved after it was explained during an ex parte hearing that Southern Motion had been unable to meet and confer with Enouvation due to the hospitalization of its counsel. Southern Motion has since supplemented all of its responses.

            The Court agrees that, given the circumstances, sanctions are not warranted. The purpose of sanctions is punish and deter abuses of the discovery process. Here, Southern Motion failed to meet and confer due to a medical emergency, brought this to the Court’s attention thereby promoting the interests of judicial economy and efficiency, and then supplemented its responses prior to the rescheduled hearing.

            Based on the foregoing, Enouvation’s motion to compel further responses is denied.

It is so ordered.

Dated:  February    , 2023

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. 

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