Judge: Lon F. Hurwitz, Case: 2021-01212747, Date: 2022-11-04 Tentative Ruling

1. Motion to Compel Answers to Special Interrogatories

2. Motion to Compel Production

Before the court are Plaintiff’s motions to compel Defendant Powerstone Property Management, Inc. (“Powerstone”) to provide further responses to:

1. Special Interrogatories, Set 1 (the SRogs);

2. Requests for Production of Documents, Set 1 (the RFPs).

As a preliminary matter, the Court overrules Defendant’s objections to Plaintiff’s evidence submitted in support of the reply. On its face, the operative statute does not put the burden of proof regarding timeliness on the moving party. Defendant raised the issue of timeliness in its opposition brief for the first time. Therefore, it is proper for Plaintiff to address the new argument in his reply. The court has considered the evidence in reply and finds the submissions of both motions to be timely.

The court finds that Plaintiff is generally entitled to precertification discovery, including information on potential class members and payroll information. Defendant does not dispute the motions on their merits. In fact, Defendant failed to file any opposition to the Motion to Compel Further Responses to the RFPs. The court is inclined to grant both motions on the merits, but it does not do so now.

The court notes that a significant communication breakdown occurred between counsel for both parties regarding a Belaire-West notice. As it appears Defendant no longer opposes the use of a Belaire-West notice (ROA 119, Def.’s Opp., p. 4:17-19), the Court sua sponte continues the hearing of both motions to March 31, 2023, at 1:30 p.m. in Dept. CX-103 to give the parties the opportunity to send out a Belaire-West notice and/or propose a stipulation for a protective order.

The court further orders the parties to an Informal Discovery Conference (“IDC”) during the week of February 27, 2023, to resolve any continuing issues with a notice and/or stipulation. Counsel for both parties are instructed to meet and confer with regards to available dates and times for an IDC and contact the Clerk for scheduling prior to November 18, 2023. In anticipation of the IDC, counsel for both parties are instructed to file supplemental declarations as to the status of meet and confer efforts on or before Feb. 17, 2023.