Judge: Kerry Bensinger, Case: 22STCV21569, Date: 2023-09-20 Tentative Ruling

Case Number: 22STCV21569    Hearing Date: September 20, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     September 20, 2023                           TRIAL DATE:  December 29, 2023

CASE:                         Matthew LaRocca. v. Andrew Devon Berkovitz

CASE NO.:                 22STCV21569

MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES

MOVING PARTY:               Plaintiff Matthew LaRocca

RESPONDING PARTY:     No opposition

            On July 1, 2022, Plaintiff, Matthew LaRocca, filed a form complaint against Defendant, Andrew Devon Berkovitz, for injuries arising from a motor vehicle accident.          

            On February 24, 2023, Plaintiff propounded Special Interrogatories, Set Two, on Defendant.  The written discovery consists of three interrogatories.  On March 28, 2023, Defendant served objection-only responses.  The responses are signed by Defense counsel but are not verified by Defendant.  Plaintiff took issue with the responses.

            On May 2, 2023, after Plaintiff met and conferred regarding the objection-only responses, Plaintiff filed this motion to compel Plaintiff to provide responses to Special Interrogatories, Set Two.  The motion is unopposed.

            Plaintiff is not entitled to an order compelling Defendant’s responses.  Plaintiff concedes Defendant served responses on March 28, 2023, albeit consisting solely of objections.  Under these circumstances, only the attorney’s signature is required.   (Code Civ. Proc., 2030.250, subd. (a), (c); see Blue Ridge Ins. Co. v. Superior Court (1988) 202 Cal.App.3d 399, 344.)  As such, Plaintiff’s recourse is to file a motion to compel further response. 

            Accordingly, the motion to compel is DENIED. 

            If Plaintiff elects to file a motion to compel further response, Plaintiff is directed to review 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”).  Pursuant to the Eighth Amended Hub Order, the parties must schedule and complete an Informal Discovery Conference before a Personal Injury Hub Court will hear a Motion to Compel Further Responses to Discovery.

Moving party to give notice.

Dated:   September 20, 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.