Judge: Mark C. Kim, Case: 22LBUD00394, Date: 2022-08-04 Tentative Ruling

Case Number: 22LBUD00394    Hearing Date: August 4, 2022    Dept: S27

1.     Background Facts

Plaintiff, Coast MH, LLC filed this action against Defendant, Patricia Van Duyn for unlawful detainer, alleging Defendant is in violation of an order citing Defendant for a non-permitted addition to her mobile home, which addition is too close to the property line for an adjoining parcel.  Plaintiff also contends Defendant is in violation of an 8/17/21 inspection, which revealed exposed romex wiring and an unfished porch and egress door with non-complying steps.  Plaintiff served Defendant with a sixty-day notice to quit, but Defendant has not vacated the premises or removed her mobile home. 

2.     Motions to Compel Further Responses

On 6/20/22, Defendant filed and served three motions to compel further responses – directed at SROGs, RPDs, and RFAs.  Defendant’s motions are accompanied by a meet and confer declaration, which explains that Defense Counsel mailed a meet and confer letter on 6/02/22 demanding further responses by 6/09/22, received no response, and then filed these motions on 6/20/22. 

The opposition to the motions does not mention meeting and conferring at all.  CCP §§2023.010, 2023.020, and 2023.050 make failure to participate in the meet and confer process sanctionable, regardless of the merits of the motion.  The Court would prefer not to impose sanctions, but will require Plaintiff’s attorney to engage in the good faith meet and confer process. 

The hearing on the motion is continued from 8/04/22 to Tuesday, 9/06/22 at 8:30 a.m. in Department S27 of the Long Beach Courthouse.  The parties must meet and confer in good faith forthwith.  If the parties are unable to resolve their issues through meet and confer efforts, they must file a joint statement of items in dispute at least two weeks prior to the continued hearing date.  The joint statement must be one document, filed jointly by both parties, which sets forth each discovery item remaining in dispute, the most recent response to that item, and each party’s reason why a further responses is or is not necessary.  If the parties seek sanctions, they must brief them in the same format. 

3.     Trial Setting Conference

The Court continues the trial setting conference, which it scheduled on 7/19/22 for today, 8/04/22, to 9/06/22, to be heard concurrently with the hearing on the MTCFs. 

Defendant 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.