Judge: Mark C. Kim, Case: 22LBCP00319, Date: 2023-02-28 Tentative Ruling

Case Number: 22LBCP00319    Hearing Date: February 28, 2023    Dept: S27

1.     Background Facts

Petitioner, Kelly Hutchinson, filed this petition for commencement of discovery matters in an uninsured/underinsured motorist arbitration against Respondent, Allergan W.C. Holdings, Inc.

2.     Motions to Compel Further Responses

At issue today are Petitioner’s motions to compel further responses to form interrogatories and requests for production of documents.  As a preliminary matter, the Court finds that the instant motions have not been filed and served in accordance with Code of Civil Procedure § 1005. A motion must be filed and served 16 days prior to the hearing. (Code Civ. Proc., §§12c, 1005 subd. (b).) In this instance, the motions were served on the Respondent via email and filed with the Court on February 10, 2023. (See Proofs of Service.) If Plaintiff sought to have these motions heard on February 28, 2023, then the service and filing should have occurred on or before February 6, 2023. Because of this failure to abide by the service requirement, the Court declines to reach a determination on the merits and denies the motions without prejudice. Also, it is noted that the motions were improperly reserved as “Motions to Compel Discovery (not ‘Further Discovery’)” when in fact Petitioner seeks to compel further responses to her discovery requests.

3.     Conclusion

The Motions to Compel Further Responses are DENIED without prejudice.

Petitioner 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.