Judge: Kerry Bensinger, Case: 22STCV31244, Date: 2023-05-17 Tentative Ruling

Case Number: 22STCV31244    Hearing Date: May 17, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     May 17, 2023                         TRIAL DATE:  March 25, 2024

CASE:                         Maritza Ramirez v. City of Los Angeles

CASE NO.:                 22STCV31244

MOTION TO COMPEL FURTHER RESPONSES TO DISCOVERY

MOVING PARTY:               Defendant City of Los Angeles

RESPONDING PARTY:     Plaintiff Maritza Ramirez

On September 26, 2022, Plaintiff, Maritza Ramirez, filed this action against Defendants, City of Los Angeles  and Los Angeles World Airports, for injuries arising from a fall while riding an escalator on Defendants’ premises. 

On November 28, 2022, Defendants served Plaintiff with Special Interrogatories, Set One.  Plaintiff served responses on March 3, 2023.  On April 12, 2023, Defendants filed this motion to compel Plaintiff to serve further, verified responses to Special Interrogatories, Set One, Nos. 8-15, 17-23, 25-32, 35-45, 47, 49, 41-64, arguing that Plaintiff and her counsel have refused to provide basic information about the accident, her injuries, and the identity of her relevant healthcare providers, among other topics.

 Defendants’ motion is 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 Discovery 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.

Based on the foregoing, the Court CONTINUES the hearing on Defendants’ motion to September 5, 2023 at 1:30 p.m. in Department 27 of the Spring Street Courthouse which should allow the parties sufficient time to schedule the IDC.

Moving party to give notice. 

IT IS SO ORDERED.

Dated:   May 17, 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.