Judge: Kerry Bensinger, Case: 19STCV19294, Date: 2023-05-23 Tentative Ruling

Case Number: 19STCV19294    Hearing Date: May 23, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     May 23, 2023                         TRIAL DATE:  August 11, 2023

CASE:                         Kathy Jo McCloskey v. Elena Krifuks, et al.

CASE NO.:                 19STCV19294

MOTION TO COMPEL FURTHER RESPONSES TO DISCOVERY

MOVING PARTY:               Plaintiff Kathyjo McCloskey

RESPONDING PARTY:     Defendant Elena Krifuks

On June 4, 2019, Plaintiff, Kathyjo McCloskey, filed this action against Defendants, Elena Krifuks (“Krifuks”), Melanie Lynn Lusk, and Nancy Louise Goebel arising from a July 10, 2017 motor vehicle collision. 

On March 10, 2023, Plaintiff served Krifuks with Special Interrogatories, Set Two.  Krifuks served responses on April 11, 2023.  On April 20, 2023, Plaintiff filed this motion to compel Krifuks to serve further, verified responses to Special Interrogatories, Set Two, Nos. 1-12, arguing that Krifuks asserted improper objections to the at-issue interrogatories.

 Plaintiff’s motion is procedurally deficient.  Pursuant to Section 9, subdivision E of the Eighth Amended Standing Order for Procedures in the Personal Injury Hub Courts for the County of Los Angeles, Central District (“Eighth Amended Hub Order”), Personal Injury (“PI”) Hub Courts will not hear Motions to Compel Further Responses to Discovery until the parties have engaged in an Informal Discovery Conference (IDC).  PI Hub Courts may deny or continue a Motion to Compel Further Responses to Discovery if parties fail to schedule and complete an IDC before the scheduled hearing on a Motion to Compel Further Responses to Discovery.

Here, the parties have not scheduled or completed an IDC prior to the hearing for these motions. The Eighth Amended Hub Order further provides: After meeting and conferring about available dates for an IDC, the moving/propounding party shall reserve an IDC through [the Court Reservation System (“CRS”)] and provide notice of the reserved IDC to the opposing/responding party by filing and serving an Informal Discovery Conference Form for Personal Injury Courts (LASC CIV 239) at least 15 court days before the IDC and attach the CRS reservation receipt as the last page.  The IDC will not be “scheduled” by the court until the IDC Form is filed.  The opposing/responding party may file and serve a responsive IDC Form at least 10 court days before the IDC.  All parties shall briefly set forth their respective positions on the pending discovery issues on the IDC Form.

Given Plaintiff’s failure to schedule or complete an IDC prior to the hearing, Plaintiff’s motion is DENIED without prejudice.

Moving party to give notice.  

Dated:   May 23, 2023                                    ___________________________________

                                                                                    Kerry Bensinger

                                                                                    Judge of the Superior Court

            Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.