Judge: Kerry Bensinger, Case: 22STCV11569, Date: 2023-08-29 Tentative Ruling

Case Number: 22STCV11569    Hearing Date: August 29, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     August 29, 2023                     TRIAL DATE:  October 3, 2023

CASE:                                Lawrence Chao v. Ju Fat, LLC, et al.

CASE NO.:                 22STCV11569

MOTIONS TO COMPEL RESPONSES TO DISCOVERY

MOVING PARTY:               Plaintiff Lawrence Chao

RESPONDING PARTY:     No opposition

            On August 1, 2023, Plaintiff, Lawrence Chao, filed these motions to compel Defendant, CRJ Cafe, Inc. dba JJ Cafe, to provide responses to Form Interrogatories and Request for Production of Documents.  Plaintiff seeks sanctions against Defendant and its counsel of record.

            The motions are procedurally deficient.  Defendant is represented by Brice K. Nakamura of Hess-Verdon & Associates.  His email address on the Court’s electronic case file is bnakamura@mylawpro.com  However, the proofs of service show different counsel was served with these motions and discovery requests.  Specifically, Elaine Etingoff was served with the discovery requests at eetingoff@mwl-law.com (Motions, Lee Decls., Exs. 2), and Neil C. Evans was served with these motions at nevans@mwl-law.com. 

            Given these circumstances, the Court cannot find Defendant was properly served with the discovery requests or motions to compel.  Further, as trial is scheduled for October 3, 2023, there is insufficient time for Plaintiff to re-serve the discovery requests, and if necessary, to file motions to compel.

            Accordingly, the motions are DENIED.

Moving party to give notice. 

Dated:   August 29, 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.