Judge: Lee S. Arian, Case: 23STCV24185, Date: 2025-02-26 Tentative Ruling

Case Number: 23STCV24185    Hearing Date: February 26, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On November 17, 2023, Defendant propounded and served Request for Production of Documents, Set One, on Plaintiffs Ernesto Lopez and Leticia Lopez.

Request for Production No. 23 for both Plaintiffs states: "YOUR cell phone bill showing calls made and received at the time of the accident or within 30 minutes before or after the subject INCIDENT at issue."

On January 5, 2024, Plaintiffs provided a response, which in pertinent part states:

Objection. The discovery request would necessitate the preparation of a compilation, abstract, audit, or summary from documents in Responding Party’s possession; because such preparation would be similarly burdensome and/or expensive to both the propounding and responding parties, Plaintiff herewith offers to permit review of the requested documents from which Propounding Party can audit, inspect, copy, or summarize. Responding Party will make said documents available for review upon reasonable request.

On July 27, 2024, defense counsel, pursuant to the response, requested the cellphone bill.

On September 5, 2024, Plaintiffs’ counsel requested “a few more days” to work with the client on providing further responses to Request No. 23 regarding the cell phone records just before and just after the accident.

Defendant attempted to call Plaintiffs counsel numerous times afterward but did not receive the requested documents, prompting Defendant to move the Court to compel production.

Plaintiffs have provided a declaration showing that they requested records from T-Mobile on September 4, 2024, and followed up several times thereafter upon counsel’s request to inquire about the status. Coincidentally, T-Mobile sent Plaintiffs the records on January 23, 2025, one day before the motion was filed. Plaintiffs forwarded this email to their counsel on January 24, 2025, the day the motion was filed. On January 31, 2025, Plaintiffs’ counsel served further responses on Defendant.

Defendant did not file a reply contesting receipt of the phone bill. The Court reviewed Plaintiffs’ declaration and finds that Plaintiffs’ counsel has been diligent in communicating with the client, who has also been diligent in contacting T-Mobile to obtain the requested bill. Plaintiffs’ counsel promptly relayed the information to defense counsel upon receipt. The Court finds that Plaintiffs have acted with substantial justification and accordingly denies sanctions.

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.