Judge: Lee S. Arian, Case: 23STCV08483, Date: 2025-04-25 Tentative Ruling

Case Number: 23STCV08483    Hearing Date: April 25, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

BENJAMIN TAPLEY,

        Plaintiff,

        vs.

 

INDEPENDENT COLLECTIONS GROUP, INC, et al.,

 

        Defendants.

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    CASE NO.: 23STCV08483

 

[TENATIVE]

MOTION TO COMPEL FURTHER RESONSES IS DENIED WITHOUT PREJUDICE

Dept. 27 

1:30 p.m. 

March 17, 2025

 

 

 

 

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At issue is Plaintiff’s first set of Form Interrogatories served on Defendant Ariam Negash. On February 18, 2025, Plaintiff served Form Interrogatories, Set One, on Defendant by electronic service. On March 18, 2025, Defendant’s counsel emailed Plaintiff’s counsel seeking an extension of time to serve responses. On March 21, 2025, the parties met and conferred regarding the extension. However, Plaintiff’s counsel denied the request. On March 24, 2025, Defendant served unverified responses consisting of objections only. Plaintiff now moves the court to compel further responses.

The first issue is whether the objections and the discovery responses were timely. Pursuant to Code of Civil Procedure section 2030.260, subdivision (a), “[w]ithin 30 days after service of interrogatories, the party to whom the interrogatories are propounded shall serve the original of the response to them on the propounding party.”

Thirty days from February 18, 2025, is March 20, 2025, a Thursday. Because the interrogatories were served electronically, two court days are added pursuant to Code of Civil Procedure section 1010.6, subdivision (a)(3)(B), making the deadline to respond March 24, 2025, a Monday.  Accordingly, Defendant’s responses served on March 24 were within the statutory time period, and the objections have not been waived. Furthermore, responses consisting solely of objections do not require verification. (Code Civ. Proc., § 2030.250, subd. (a).)

As to the specifics of the objections, 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. No IDC has been held or scheduled prior to the hearing or filing of the present motion, Thus the present motion is denied without prejudice. 

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 

 





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