Judge: Lee S. Arian, Case: 22STCV07583, Date: 2024-04-10 Tentative Ruling

Case Number: 22STCV07583    Hearing Date: April 10, 2024    Dept: 27

Hon. Lee S. Arian

Department 27

Tentative Ruling

Hearing Date:                4/10/2024 at 1:30 p.m.

Case No./Name.:         22STCV07583 DERRYL MINNER vs DAVID REYES

Motion Name:                MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES, SET THREE, AND FOR SANCTIONS

Moving Party:                 Defendant Postmates, LLC

Responding Party:      Plaintiff

Notice:                                Sufficient

Ruling:                               MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES, SET THREE, AND FOR SANCTIONS IS DENIED.

On March 2, 2022, Plaintiff filed the present auto accident case. On February 7, 2024, Defendant Postmates served its Special Interrogatories, Set Three, on Plaintiff. On March 12, Plaintiff served timely discovery responses, consisting of only objections. On March 15, Defendant moved the court to compel initial responses, arguing that Plaintiff’s responses are not timely because they are unverified. However, the party to whom the interrogatories are directed shall sign the response under oath unless the response contains only objections. (CCP 2030.250(a).) Since Plaintiff’s responses consist solely of objections, they were timely, even without verifications. Should Defendant take issue with Plaintiff’s objections, Defendant is required to meet and confer and then attend an informal discovery conference (IDC) before filing a motion to compel further. Defendant’s motion for sanctions is likewise denied for the reasons above.

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.