Judge: Jon R. Takasugi, Case: 22STCV12640, Date: 2022-12-06 Tentative Ruling

Case Number: 22STCV12640    Hearing Date: December 6, 2022    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s motion to compel further responses is DENIED, WITHOUT PREJUDICE. Plaintiff is to contact Department 17 to schedule an IDC.

            On 4/14/2022, Plaintiffs Ivan Ayala and Michelle Alvarez (collectively, Plaintiffs) filed suit against Monterey Gardens Apartments, 8 Guys LTD, Landmark Realty and Property Management, alleging: (1) breach of contract; (2) breach of implied warranty of habitability; (3) breach of implied warranty of quiet enjoyment; (4) negligence; (5) fraud by concealment; (6) violation of Business and Professions Code section 17200.

            On 10/4/2022, Plaintiff Ivan Ayala (Plaintiff) moves to compel further responses to his Special Interrogatories (Set One).

Discussion

As a preliminary matter, the Court requires that the parties participate in an informal discovery conference (IDC) before motions to compel further discovery are heard on the merits.

Second, even if the Court were to consider the motion, Plaintiff’s motion is procedurally defective. Plaintiffs’ separate statement does not comply with rule 3.134, and the meet-and-confer efforts are insufficient as a matter of law.  

            Plaintiff is to contact Department 17 to schedule an IDC.

It is so ordered.

Dated:  December    , 2022

   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. 

            Due to Covid-19, the court is strongly discouraging in-person appearances.  Parties, counsel, and court reporters present are subject to temperature checks and health inquiries, and will be denied entry if admission could create a public health risk.  The court encourages the parties wishing to argue to appear via L.A. Court Connect.  For more information, please contact the court clerk at (213) 633-0517.  Your understanding during these difficult times is appreciated.