Judge: Lisa K. Sepe-Wiesenfeld, Case: 22SMCV00818, Date: 2023-10-04 Tentative Ruling

Case Number: 22SMCV00818    Hearing Date: October 4, 2023    Dept: N

TENTATIVE RULING

Currently pending before the Court is Defendants David S. Sibelman, Shahnaz Levyim, and Desiree Levyim (“Defendants”)’s Motion to Compel Documents Related to Fortis Developmental Services, Inc. In filing their motion and reserving a reservation for hearing, Defendants represented that their motion was not one to compel further responses, but this is belied by the nature of the motion, wherein Defendants seek production of documents responsive to Request for Production No. 145 to Plaintiff Cornell Gillenwater and Request for Production No. 121 to Plaintiff Bret Kadel. Defendants acknowledge that Plaintiffs objected to these requests and refused to produce documents. It is clear that this is a motion to compel further responses pursuant to Code of Civil Procedure section 2031.310, subdivision (a)(3). Defendants argue that Plaintiffs agreed to comply and produce documents, but they cite only statements made in a meet-and-confer session, not their written responses to the requests, such that this motion cannot be deemed a “Motion to Compel Compliance” pursuant to Code of Civil Procedure section 2031.320, subdivision (a).

Defendants argue that this issue is a “meritless distraction”; the Court does not agree. A motion to compel further responses is subject to different statutory requirements, such as a separate statement, which was not included here, and the Court’s hearing reservation system operates to allow parties to obtain motion hearing dates based on the type of the motion filed. If the Court were to disregard this system, a party could simply reserve a hearing as any type of motion, argue that it was a mere technicality, and jump the line before parties who complied with the Court’s reservation system. The Court is not inclined to disregard its own system here.

Accordingly, Defendants David S. Sibelman, Shahnaz Levyim, and Desiree Levyim’s Motion to Compel Documents Related to Fortis Developmental Services, Inc. is hereby taken off calendar. Defendants may refile their motion as a motion to compel further responses and obtain a new hearing reservation date.

Defendants David Sibelman, Shahnaz Levyim, and Desiree Levyim to give notice.