Judge: Mark H. Epstein, Case: 21SMCV01836, Date: 2023-03-08 Tentative Ruling

Case Number: 21SMCV01836    Hearing Date: March 8, 2023    Dept: R

The unopposed motion to compel further responses would normally be GRANTED.  The court has reviewed the requests and there appears to be good cause for them.  The only concern that the court has is whether there was adequate service on the third parties.  The court sees that there was service, but the service was not the full statutory 16 days.  The court will inquire as to whether anyone has heard from the third parties and, if so, whether those parties actually oppose the motion.  If they have indicated that they do not oppose the motion, then the court will grant the motion.  If there is no such indication, the court is inclined to continue the motion for 3-4 weeks or so and allow the third parties to oppose it if they so desire (opposition to be filed and served no later than 9 court days before the hearing; reply to be served no later than 5 court days before the hearing if necessary).  The parties have agreed that any production will lead to a highly confidential designation under the parties’ protective order.