Judge: Kerry Bensinger, Case: 20STCV43069, Date: 2023-08-25 Tentative Ruling

Case Number: 20STCV43069    Hearing Date: August 25, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:      August 25, 2023                                            TRIAL DATE:  October 3, 2023

CASE:                         Anthony Lynn Brown v. The People of the State of California, acting by and through the Department of Transportation

CASE NO.:                 20STCV43069

MOTIONS TO COMPEL FURTHER RESPONSES TO DISCOVERY

MOVING PARTY:               Defendant The People of the State of California, acting by and through the Department of Transportation

RESPONDING PARTY:     Plaintiff Anthony Lynn Brown

On August 1, 2022, Defendant, The People of the State of California, acting by and through the Department of Transportation, filed these motions to compel Plaintiff, Anthony Lynn Brown, to provide further responses to Form Interrogatories and Requests for Admissions.

The parties participated in an Informal Discovery Conference (IDC) concerning this discovery dispute on August 16, 2023.  As a result of the IDC, the Court advanced the hearing for the motion to compel as to the admissions request from September 15, 2023 so that it could be heard concurrently with the motion to compel as to the interrogatories on August 25, 2023.  Plaintiff had yet to file an opposition to the motion to compel further responses to the Requests for Admissions.

Defendant filed a Notice of Outcome of the IDC on August 22, 2023.  Plaintiff filed an objection to the Notice of Outcome on August 23, 2023.  The parties disagree over several issues.  However, two things are not in dispute.  First, the parties have narrowed the discovery dispute to Form Interrogatory No. 17.1 as it relates to Requests for Admissions No. 7.  Additionally, Plaintiff makes clear a further response will be provided to this discovery request.  Second, Plaintiff has not had an opportunity to oppose Defendant’s motion to compel further response to the Requests for Admissions. 

Based on the foregoing, the Court will continue the hearings to September 15, 2023 at 1:30 PM.  Defendant has indicated it will file supplemental briefing as to the remaining discovery request.  Accordingly, the Court sets the following briefing schedule: Defendant’s supplemental brief is due September 1, 2023. Plaintiff may file a response on September 12, 2023.  If the parties resolve the dispute, Defendant is to take the motions off calendar.

Moving party to give notice. 

Dated:   August 25, 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.