Judge: Kerry Bensinger, Case: 22STCV16189, Date: 2023-08-14 Tentative Ruling

Case Number: 22STCV16189    Hearing Date: September 11, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:      September 11, 2023                   TRIAL DATE:  November 13, 2023

CASE:                                Aristed Amith, et al. v. Terron M. Sutton

CASE NO.:                 22STCV16189

MOTIONS TO COMPEL FURTHER RESPONSES TO DISCOVERY

MOVING PARTY:               Plaintiff Aristed Amith

RESPONDING PARTY:     No opposition

            On August 7, 2022, Plaintiff, Aristed Amith, filed these motions to compel Defendant, Terron M. Sutton, to provide further responses to Plaintiff’s Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Admissions Set One.

            Plaintiff’s motions are 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 motions are CONTINUED to October 13, 2023 to allow the parties to schedule and participate in an IDC prior to the hearing for these motions. 

Moving party to give notice, unless waived. 

Dated:   September 11, 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.