Judge: Lee S. Arian, Case: 21STCV46815, Date: 2024-04-18 Tentative Ruling

Case Number: 21STCV46815    Hearing Date: April 18, 2024    Dept: 27

Hon. Lee S. Arian

Department 27

Tentative Ruling

Hearing Date:           4/18/2024 at 1:30 p.m.

Case No./Name.:      21STCV46815 RENEE HATFIELD vs STATER BROS MARKETS

Motion Name:           MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION, SET ONE, AND FOR SANCTIONS

Moving Party:           Defendant Stater Bros Markets

Responding Party:    Plaintiff

Notice:                     Sufficient

Ruling:                     MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION, SET ONE, AND FOR SANCTIONS IS DENIED.

On December 23, 2021, Plaintiff filed the present premises liability case. On October 6, 2023, Defendant served Plaintiff with Request for Production, Set One. After several extensions, Plaintiff served discovery responses on January 16, 2024. Defendant contends that Plaintiff did not produce the responsive medical and billing records and now moves the court to compel further responses.

The Parties need to attend an IDC before the present motion can be heard. Personal Injury Hub Courts will not entertain Motions to Compel Further Discovery Responses until the parties have participated in an IDC. (See 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.) 

If Plaintiff, in her responses to requests for production, agreed to produce the responsive medical and billing documents but failed to do so, the proper motion to bring would be a motion to compel compliance under CCP 2031.320, not a motion to compel further under CCP 2031.310. 

The present motion to compel further is DENIED without prejudice and the request for sanctions is likewise DENIED.

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.