Judge: Marcella O. Mclaughlin, Case: 37-2023-00011126-CU-OE-CTL, Date: 2023-11-17 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 16, 2023

11/17/2023  01:30:00 PM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

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Civil - Unlimited  Other employment Discovery Hearing 37-2023-00011126-CU-OE-CTL GARCIA VS PAL GENERAL ENGINEERING INC [E-FILE] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 08/07/2023

A. The motions to compel further responses to special interrogatories and requests for production of documents are DENIED.

Plaintiff's request for judicial notice is denied. 'A tentative ruling is, by definition, not final.' People v. Hatt (2018) 20 Cal.App.5th 321, 324. Moreover, it is well-settled that 'a written trial court ruling has no precedential value.' Santa Ana Hospital Medical Center v. Belshe (1997) 56 Cal.App.4th 819, 831.

Turning to the merits, a motion to compel further responses to interrogatories and document requests 'must be accompanied by a separate statement.' CRC 3.1345(a)(2), (3). No separate statement accompanied the moving papers in this case. Nor did plaintiff explain, as to each of defendant's responses, the factual and legal reasons why the response is inadequate. Plaintiff argues that a separate statement is not required because defendant's responses – which contain only objections – are unverified. However, responses containing only objections need not be verified. Code Civ. Proc. §§ 2030.250(a), 2031.250(a). Accordingly, the motions are denied. See Mills v. U.S. Bank (2008) 166 Cal.App.4th 871, 893 (failure to include separate statement justified trial court's denial of discovery motion).

B. The parties are directed to issue a mutually agreeable disclosure opt-out notice for all absent employees pursuant to Belaire-West Landscape, Inc. v. Superior Court (2007) 149 Cal.App.4th 554. If the parties are unable to agree on the content of the Belaire-West notice, they must appear ex parte and provide the court with the competing versions. The court will select one after hearing argument.

C. Plaintiff's request for monetary sanctions is denied in light of the court's ruling on his motions.

Defendant's request for monetary sanctions is likewise denied. The court finds that circumstances make the imposition of sanctions unjust. Code Civ. Proc. §§ 2030.300(d), 2031.310(h).

D. Having reviewed defense counsel's submissions regarding their failure to attend the initial CMC (ROA 38-3), the court elects to discharge the OSCs that are set for today. The parties should be prepared to assist the court in setting the case for trial and scheduling other litigation benchmarks.

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