Judge: Mark C. Kim, Case: 21LBCV00570, Date: 2023-03-07 Tentative Ruling
Case Number: 21LBCV00570 Hearing Date: March 7, 2023 Dept: S27
Plaintiff, 2523 E. Anaheim Inc.
filed this action against Defendant, Western Express, Inc. for damages arising
out of a single automobile accident. Plaintiff
alleges Defendant’s employee’s vehicle slammed into a fire hydrant in close proximity
to Plaintiff’s business, which fire hydrant discharged approximately 600,000
gallons of water into the area, causing serious harm to the premises and
personal property on the premises.
Plaintiff filed motions to compel
further responses on 2/01/23. Plaintiff
seeks to compel further responses to FROGs, RPDs, and RFAs. On 2/15/23, Defendant filed timely opposition
to the motions. In its reply, Defendant
contends some of its responses were sufficient in the first instance, and shows
that it supplemented numerous other responses prior to the hearing on the
motions. Any reply to the opposition was
due on or before 2/28/23. The Court has
not received any timely reply papers.
Based on the opposition papers and
the lack of reply papers, the Court presumes the parties have worked out all
issues relating to these motions by way of Defendant’s supplemental
responses. The motions are taken off calendar
as moot. No sanctions are imposed.
Plaintiff is 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.