Judge: Kerry Bensinger, Case: 22STCV17802, Date: 2023-08-29 Tentative Ruling

Case Number: 22STCV17802    Hearing Date: August 29, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     August 29, 2023                                 TRIAL DATE:  Vacated

CASE:                                Maria Margarita Carranza v. El Super, et al.

CASE NO.:                 22STCV17802

MOTION TO COMPEL DISCOVERY

MOVING PARTY:                   Plaintiff Maria Margarita Carranza

RESPONDING PARTY:     No Opposition

            Plaintiff, Maria Margarita Carranza, brings this premises liability action against Defendants, Chedraui USA, Inc. dba El Super (“El Super”) (erroneously sued as “El Super”) and Gallagher Bassett Services, Inc. (“GBS”) (erroneously sued as Gallagher Bassett, Svcs, Inc. D1-10).  Plaintiff alleges that on June 15, 2020, she suffered an injury when her foot became caught on a broken bar or pipe under a refrigerator in the meat department of an El Super grocery store.

On August 15, 2023, Plaintiff filed this motion to compel production of a purported settlement agreement between the Defendants.  The motion is defective for three reasons.  First, Plaintiff filed this motion less than 16 court days before the hearing. (See Code Civ. Proc., § 1005, subd. (b).)  Second, there is no proof of service showing this motion was served on Defendants.  (See Cal. Rules of Court, rule 8.817, subd. (a)(1)-(2).)  Third, a motion to compel discovery requires that discovery requests are propounded.  Here, Plaintiff does not attach any discovery requests to the motion.

            Accordingly, the motion to compel is DENIED.  Plaintiff is encouraged to utilize the lawyer referral services available on the State Bar’s website (https://www.calbar.ca.gov) and the Self-Help page on the Superior Court’s website (https://www.lacourt.org).  

            Moving party to give notice, unless waived. 

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.