Judge: Lynne M. Hobbs, Case: 23STCV09338, Date: 2024-03-21 Tentative Ruling

Case Number: 23STCV09338    Hearing Date: March 21, 2024    Dept: 30

CARIN DICKMEYER vs KECK MEDICAL CENTER OF USC

TENTATIVE

Defendant Keck Medical Center of USC’s motions to compel responses to form interrogatories, special interrogatories, request for production, and to have matters in requests for admissions deemed admitted are GRANTED. Plaintiff Carin Dickmeyer is ordered to provide verified responses to the discovery requests within 30 days of this order. The Court also finds Defendant is entitled to an order establishing the truth of the matters in the request for admissions served on Plaintiff.

Defendant’s request for sanctions is DENIED.

Defendant is ordered to give notice. 

Plaintiff Counsel's motion to be relieved as counsel for Plaintiff, Carin Dickmeyer, is CONTINUED for up to 60 days. Plaintiff’s counsel has submitted all of the mandatory judicial council forms (i.e., MC-051, MC-052, and MC-053). However, there is no proof of service to show the moving papers have been served on the client. (See CRC Rule 3.1362(d).) Further, the proposed order has not been completed.

Plaintiff Counsel is ordered to give notice.

Discussion

Re:  Motions to Compel

On July 24, 2023, Defendant Keck Medical Center of USC served Form Interrogatories, Special Interrogatories, Request for Admissions, and Request for Production of Documents on Plaintiff. (Stockalper Decl., ¶ 2 Exhs. A.) The responses were due on or before August 25, 2023. Defense counsel granted Plaintiff an extension until October 15, 2023, to provide responses. No responses were provided.

As Defendant properly served discovery requests and Plaintiff failed to provide responses, the Court finds Defendant is entitled to a court order directing Plaintiff to provide verified responses without objections to the discovery requests served on Plaintiff. The Court also finds Defendant is entitled to an order establishing the truth of the matters in the request for admissions served on Plaintiff. Therefore, the motions are granted.

Defendants seek sanctions against Plaintiff. However, the request for sanctions cannot be granted. Code of Civil Procedure 2023.040 states: “A request for a sanction shall, in the notice of motion, identify every person, party, and attorney against whom the sanction is sought.” Defendant fails to identify who it seeks sanctions against in the notice of motion. Thus, the request for sanctions is denied for inadequate notice.