Judge: Kerry Bensinger, Case: 23STCV16261, Date: 2024-01-19 Tentative Ruling

Counsel may submit on the tentative ruling by emailing Dept. 31 before 8:30 the morning of the hearing. The email address is smcdept31@lacourt.org. Please do not call the court to submit on the tentative. Please do not submit to the tentative ruling on behalf of the opposing party. Please do not e-mail the Court if you plan to appear and argue.

In deciding whether to submit on the tentative ruling or attend the hearing and present oral argument, please keep the following in mind:

The tentative rulings authored by this court reflect that the court has read and considered all pleadings and evidence timely submitted to the court in connection with the motion, opposition, and reply (if any). Because the pleadings were filed, they are part of the public record.

Oral argument is not an opportunity to simply regurgitate that which a party set forth in its pleadings. Nor, is oral argument an opportunity to "make a record" when there is no court reporter present and the statements and arguments of counsel are already part of the record because they were set forth in the pleadings. Finally, simply because a party or attorney disagrees with the court's analysis and ruling or is not satisfied with it does not necessarily warrant oral argument when no new arguments will be articulated.

If you submit on the tentative, you must immediately notify all other parties email that you will not appear at the hearing. 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 motions. If all parties to the motion submit, this tentative ruling will become the final ruling after the hearing date and it will be memorialized in a minute order. This tentative ruling is not an invitation, nor an opportunity, to file further documents relative to the hearing in question. No such document will be considered by the Court.

**Tentative rulings on Motions for Summary Judgment will only be available for review in the courtroom on the day of the hearing.

Case Number: 23STCV16261    Hearing Date: January 19, 2024    Dept: 31

Tentative Ruling

Judge Kerry Bensinger, Department 31

HEARING DATE:      January 19, 2024                                         TRIAL DATE:  Not set

CASE:                         Elizabeth Heard v. Kia America, Inc.

CASE NO.:                      23STCV16261

MOTION TO COMPEL FURTHER RESPONSES TO DISCOVERY

MOVING PARTY:               Plaintiff Elizabeth Heard

RESPONDING PARTY:     Defendant Kia America, Inc.

On December 11, 2023, Plaintiff, Elizabeth Heard, filed this motion to compel Defendant, Kia America, Inc., to provide further responses to Plaintiff’s Request for Production of Documents, Set One, Nos. 16-21 and 49-51.

The parties have not participated in an Informal Discovery Conference (IDC) prior to the filing of this motion.  Accordingly, the Court will continue the hearing for Plaintiff’s motion to March 15, 2024 at 8:30 a.m. to allow the parties to participate in an IDC.  

The Court has a standing Song-Beverly Discovery Order.  Prior to the IDC, counsel are to review the Court’s Standing Discovery Order.  Thereafter, counsel shall meet and confer to resolve any issues prior to scheduling the IDC.  If the matters are not resolved, counsel are to schedule the IDC.   

Clerk of the Court to give notice.

Dated:   January 19, 2024