Judge: Jon R. Takasugi, Case: 22STCV31187, Date: 2023-10-17 Tentative Ruling

Case Number: 22STCV31187    Hearing Date: October 24, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s motion is MOOT. The Court declines to award sanctions at this time.

            On 9/22/2022, Plaintiff Irma Ordaz (Plaintiff) filed suit against General Motors, LLC, alleging violations of the Song-Beverly Act.

            Now, Plaintiff moves to compel discovery responses to her Requests for Admission (RFAs).

Discussion

On 1/23/2023, Plaintiff served Defendant with RFAs.

            In opposition, Defendant indicated that it has since served responses and that the failure to timely respond was due to confusion in failing to calendar the deadline for responses and objections.

            Accordingly, the Court finds Plaintiff’s motions to be moot. Moreover, the Court does not find sanctions to be warranted. This is because Plaintiff failed to meet and confer with Defendant in good faith to resolve this dispute.  Plaintiff did not at any time send a letter or a reasonable email to inquire about Defendant’s responses, nor did Plaintiff attempt to call Defendant’s counsel to discuss the matter. (Brar Decl. ¿ 4.) Rather, Plaintiff simply filed this motion after not receiving responses. The Discovery Act demands more by way of meet and confer.

Based on the foregoing, Plaintiff motions to compel is moot. The Court declines to award sanctions at this time.

It is so ordered.

Dated:  October    , 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.  For more information, please contact the court clerk at (213) 633-0517.