Judge: Lee S. Arian, Case: 21STCV45770, Date: 2024-05-31 Tentative Ruling

Case Number: 21STCV45770    Hearing Date: May 31, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27 

MOTION TO COMPEL FURTHER AND REQUESTS FOR SANCTION

Hearing Date: 5/31/24¿ 

CASE NO./NAME: 21STCV45770 ARA MAHMOUDI vs ROBERTO CARLOS MEJIA

Moving Party: Plaintiff

Responding Party: Defendants

Notice: Sufficient¿ 

Ruling: MOTION TO COMPEL FURTHER AND REQUESTS FOR SANCTION ARE DENIED.

Personal Injury Hub Courts will not entertain Motions to Compel Further Discovery Responses until the parties have participated in an Informal Discovery Conference (IDC). (Eighth Amended Standing Order For Procedures In The Personal Injury Hub Court at p. 7.) The Court may either deny or continue a Motion to Compel Further Responses to discovery if the parties do not schedule and complete an IDC prior to the hearing date set for a Motion to Compel Further Responses to Discovery. (Id.) The parties are required to participate in an Informal Discovery Conference (IDC) to attempt to resolve any outstanding discovery disputes before a motion to compel further can be heard.

Contrary to Plaintiff’s argument, objections are a form of discovery responses. (CCP § 2031.210(a)(3).) Responses like the ones at issue now, containing only objections, need not be verified. (CCP § 2031.250(a).) Thus, Defendant's unverified responses consisting of only objections, served within the statutory deadline, constitute a response. Therefore, Plaintiff needs to file a motion to compel further responses if Plaintiff takes issue with Defendant’s objections, and the parties need to have an IDC before the motion to compel further can be heard. Since no IDC has been held or scheduled prior to the hearing or filing of the present motions, the present motion is denied without prejudice.

PLEASE TAKE NOTICE:

If a party intends to submit on this tentative ruling, the party must send an email to the court at sscdept27@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.

Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.

If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.