Judge: Lynne M. Hobbs, Case: 20STCV00489, Date: 2023-10-18 Tentative Ruling

 PLEASE NOTE:    

The parties are encouraged to meet and confer concerning this tentative ruling to determine if there is an agreement to submit.  

Regardless of whether there is any such agreement, each party who wishes to submit must send an email to the Court at SSCdept30@LACourt.org indicating the party's intention to submit. 

Include the word "SUBMITS" in all caps and the case number in the subject line of the email and in the body provide the date and time of the hearing, your name, your contact information, the party you represent, whether that party is a plaintiff, defendant, cross-complainant, cross-defendant, claimant, or non-party.  

If a party submits but still intends to appear at the hearing, include the words "SUBMITS BUT WILL APPEAR" in the subject line of the email. 

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. 

Unless all the parties have submitted, the Court will hear argument from any party that appears at the hearing and wishes to argue. The Court may change its tentative as a result of the argument and adopt the changed tentative as the final order at the end of that hearing, even if all the parties are not present. 

Be advised that after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of said motion and may adopt the tentative ruling as the order of the Court.     

Case Number: 20STCV00489    Hearing Date: October 18, 2023    Dept: 30

ODALYS NOA vs CITY OF LOS ANGELES, et al.

Motion to Compel Responses  to Supplemental Form Interrogatories (Set Two)
Motion to Compel Responses to Supplemental Special Interrogatories (Set Two)
Motion to Compel Responses to Supplemental Request for Production of Documents (Set Two)

TENTATIVE

Each discovery request requires its own motion to compel and filing fee. For these hearings, there must be three motions to compel, instead of two. The Court grants the Motion to Compel Responses to Supplemental Form Interrogatories (Set Two) and Motion to Compel Responses to Supplemental Request for Production of Documents (Set Two). Plaintiff is ordered to serve verified responses, without objections, within 20 days. The Motion to Compel Responses to Supplemental Special Interrogatories (Set Two) is off-calendar.  The requests for sanctions are denied. Moving party to give notice.

DISCUSSION

Defendant moves to compel Plaintiff to provide responses to the supplemental discovery. On January 6, 2023, Defendant served Supplemental Form Interrogatories, Set Two, and Supplemental Request for Production of Documents (Set Two) upon Plaintiff. Responses were due February 7, 2023. After receiving no response, Defendant’s counsel attempted to meet and confer with Plaintiff’s counsel about these responses. On June 16, 2023, Defendant’s counsel emailed Plaintiff’s counsel about the overdue responses, but no response was provided. Under CCP § 2030.290, when a party fails to provide responses to timely propounded discovery, a party may move for an order compelling responses. Failure to timely respond waives all objections, including privilege and work product.¿ (Code Civ. Proc., § 2030.290, subd. (a).)¿The Court declines to award sanctions as the current motion are unopposed.