Judge: Lee S. Arian, Case: 23STCV009652, Date: 2025-01-08 Tentative Ruling
Case Number: 23STCV009652 Hearing Date: January 8, 2025 Dept: 27
SUPERIOR COURT OF THE STATE OF
CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL
DISTRICT
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Plaintiff, vs. ZEMIN
GARCIA, INC, et al., Defendants. |
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[TENATIVE]
MOTION IS GRANTED Dept. 27 1:30 p.m. January 8, 2024 |
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Plaintiff
moves to compel Defendant Zemin Garcia, Inc. to provide further responses to
Nos. 2-10 of Plaintiff’s Special Interrogatories, Set Two.
On
December 17, 2024, an Informal Discovery Conference was held. The Court found
that the issues were resolved, but noted that if further responses were later
deemed insufficient, Counsel could proceed with a motion to compel.
On
January 6, 2026, Plaintiff filed a declaration stating, “On December 17, 2024,
the parties participated in an informal discovery conference. It was
represented by defense counsel at that time that his client would supplement
Special Interrogatories Nos. 2 through 10. That did not occur as Defendant only
supplemented Special Interrogatories Nos. 2, 5, and 8. As such, Defendant’s
discovery responses are still deficient as to Nos. 3-4, 6-7, and 9-10.”
Defendant did not file a declaration contesting Plaintiff’s allegation or explain
why further responses to Nos. 3-4, 6-7, and 9-10 were not provided.
Accordingly,
the Court finds that Defendant agreed to provide further responses to Nos. 2-10
but failed to do so. Defendant offered no justification for withholding
responses to Nos. 3-4, 6-7, and 9-10, nor did it explain why only partial
supplementation was provided. The Court also finds no legitimate basis for
Defendant’s failure to supplement the remaining interrogatories. Since
Defendant’s responses to all interrogatories at issue are based on the same
objections, and given that Defendant supplemented Nos. 2, 5, and 8, it
logically follows that Nos. 3-4, 6-7, and 9-10, which are subject to the same
reasoning/objection, should have also been supplemented. Thus, the court Orders
Defendant to provide further responses to Nos. 3-4, 6-7, and 9-10 of
Plaintiff’s Special Interrogatories, Set Two, within 20 days of today.
Moving
Party to give notice.
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’s 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.
__________________________
Hon. Lee S. Arian
Judge of the Superior Court