Judge: Maurice A. Leiter, Case: 24STCV01983, Date: 2024-10-31 Tentative Ruling

Case Number: 24STCV01983    Hearing Date: October 31, 2024    Dept: 54

Hearing Date: October 31, 2024

Department 54, Judge Maurice A. Leiter

(3) Motions to Compel Responses to Discovery

Moving Party: Plaintiff IRP Fund II Trust 1A

Responding Party: Defendant Yizhak Malka

T/R:      PLAINTIFF’S MOTIONS ARE CONTINUED TO NOVEMBER 25, 2024 AT 9:00AM.

DEFENDANT TO SERVE RESPONSES AND FILE A DECLARATION STATING RESPONSES HAVE BEEN SERVED NO LATER THAN NOVEMBER 20, 2024.

PLAINTIFF TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at SMCdept54@lacourt.org with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

The Court considers the moving papers, opposition, and reply.

When timely responses to interrogatories are not received, “[t]he party propounding the interrogatories may move for an order compelling response to the interrogatories.”  (CCP § 2030.290(b).) “If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it. . .  [t]he party to whom the demand for inspection, copying, testing, or sampling is directed waives any objection to the demand, including one based on privilege or on the protection for work product. . . .  The party making the demand may move for an order compelling response to the demand.”  (CCP § 2031.300(a)–(b).)

Plaintiff moves to compel responses to FIs, set one, SIs, set two, and RPDs, set two, from Defendant. Plaintiff served the discovery on August 6, 2024. Responses were due on September 9, 2024. In opposition, Defendant asserts that Defendant recently obtained new counsel who requested an extension to serve responses and Plaintiff’s counsel refused to grant the extension.

The Court will continue the hearing on the motions to November 25, 2024 to allow Defendant to serve responses. Defendant to serve responses and file a declaration no later than November 20, 2024 stating responses have been served.