Judge: Mark C. Kim, Case: 22LBCV00011, Date: 2022-08-23 Tentative Ruling

Case Number: 22LBCV00011    Hearing Date: August 23, 2022    Dept: S27

1.     Background Facts

Plaintiff, Victoria Rosales filed this action against Defendants, Solomon Laktineh, MD (“Laktineh”) and Solomon Laktineh, M.D., a medical corporation (“Laktineh Corporation”) on 1/13/22.  Plaintiff alleges she began working for Defendants as a medical scribe on November 1, 2021.  Plaintiff alleges Laktineh would often touch and massage her shoulders in a sexually suggestive manner despite Plaintiff advising she did not want to be touched and did not like Laktineh’s mssages.  Plaintiff alleges that when Plaintiff saw a mother come in with her newborn and remarked “being around newborns makes me want to have a baby,” Laktineh told her he would give her one in a lewd and lascivious manner while engaging his hips and penis in a thrusting sexual manner toward Plaintiff.  Plaintiff alleges that due to her refusal to succumb to Laktineh’s sexual advances, on November 19, 2021, she was notified that she was terminated.

The operative complaint alleges causes of action for:

1.     Sexual Harassment in Violation of FEHA – Quid Pro Quo

2.     Sexual Harassment in Violation of FEHA – Hostile Work Environment

3.     Discrimination Based on Sex in Violation of FEHA

4.     Failure to Prevent Discrimination and Harassment

5.     Retaliation

6.     Negligent Infliction of Emotional Distress

7.     Wrongful Termination in Violation of Public Policy

2.     Motions to Compel Further Responses

Plaintiff seeks a court order compelling Defendant Laktineh to provide further responses to Plaintiff’s Special Interrogatories, Set One.

While Plaintiff has filed a separate statement setting forth the interrogatories at issue and Defendant’s responses to the interrogatories, Plaintiff has failed to submit copies of the special interrogatories served on Defendant Laktineh and the responses Laktineh served on Plaintiff.  Without copies of the interrogatories served on Laktineh and the responses served by Laktineh, the Court cannot confirm whether the responses set forth in the separate statement are the same as the responses served by Laktineh.

Accordingly, the hearing on Plaintiff’s motion to compel further responses is continued to October 13, 2022 at 8:30 a.m. in Department 27 of the Long Beach Courthouse.  Plaintiff is ordered to submit copies of the special interrogatories served on Defendant Laktineh and Laktineh’s responses to these interrogatories.

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.