Judge: Mark C. Kim, Case: 19STCV35469, Date: 2022-09-13 Tentative Ruling

Case Number: 19STCV35469    Hearing Date: September 13, 2022    Dept: S27

1.     Background Facts

Plaintiffs, Ashley and Jason Heard filed this action against Defendants, City of Long Beach and Neutron Holdings, Inc. for damages arising out of a trip and fall that occurred while Plaintiffs were riding Lime (owned by Neutron) scooters.  Plaintiffs filed their complaint on 10/03/19.  Plaintiffs added Urban Commons International dba The Queen Mary as a doe defendant because the incident occurred on its property. 

2.     Motion to Compel Further Responses to RPDs

Plaintiffs filed a motion to compel Neutron to serve supplemental responses to RPDs on 8/16/22.  Neutron filed opposition on 8/30/22.  In its opposition, Neutron indicates it is in the process, in light of the Court’s 8/23/22 order re: a motion to compel deposition, of meeting and conferring in an attempt to avoid the need for a hearing on this motion.  Neutron then goes on to argue that the motion should be denied on its merits.  On 9/01/22, only two days after Neutron filed its opposition, Plaintiffs filed their reply (the reply was due on or before 9/06/22).  Plaintiffs, in their reply, contend Neutron is not actually engaging in any meet and confer efforts.

The Court notes that the parties have additional MTCFs scheduled on 9/15/22 and 10/25/22.  The Court is continuing the hearing on this motion and the 9/15/22 motion to 10/25/22.  The Court is hopeful the parties will genuinely meet and confer in good faith between now and 10/25/22.  If the parties are unable to resolve issues relating to this and/or the other two MTCFs prior to 10/25/22, the parties must file a joint statement of items in dispute two weeks prior to the continued hearing date.  The joint statement must be one document filed jointly by both parties.  It must include the text of each item remaining in dispute, the most recent response to the discovery item in dispute, and each party’s statement of why an additional response is or is not necessary.  If multiple discovery items are subject to the same discussion and analysis, the parties may list those items together and only include the argument section a single time for the group of discovery items in dispute.  If sanctions remain at issue between the parties, they must include a section in the joint statement concerning sanctions in the same format. 

3.     Final Note

The Court notes that, when it held the 8/16/22 CMC, it did not set a future CMC, TSC, FSC, and/or trial date.  The Court sets a _____________ for ___________________.

Plaintiffs are ordered to give notice. 

Parties who intend to submit on this tentative must send an email to the court at gdcdepts27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If any party does not submit on the tentative, the party should make arrangements to appear remotely at the hearing on this matter.