Judge: Melvin D. Sandvig, Case: 23CHCV02672, Date: 2024-11-15 Tentative Ruling

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Case Number: 23CHCV02672    Hearing Date: November 15, 2024    Dept: F47

Dept. F47

Date: 11/15/24                                                                   TRIAL DATE: 9/22/25

Case #23CHCV02672

 3 MOTIONS TO COMPEL FURTHER RESPONSES

Motions filed on 8/16/24.

MOVING PARTY: Plaintiff Maricruz Celedon Martinez

RESPONDING PARTY: Defendant Madelyn Grace Manning

RELIEF REQUESTED:

(1) An order compelling Defendant Madelyn Grace Manning to provide further Responses to Special Interrogatories, Set 1, Nos. 1-4 and 8-13.  Additionally, Plaintiff requests sanctions against Defendant and her attorney of record, Grach Bekaryan at the Law Offices of Bensen, Johnson, Alvarez and Zakarian in the amount of $1,710.00.

(2) An order compelling Defendant Madelyn Grace Manning to provide further responses to Requests for Admissions, Nos. 1, 2, 4-6 and 10.  Additionally, Plaintiff requests sanctions against Defendant and her attorney of record, Grach Bekaryan at the Law Offices of Bensen, Johnson, Alvarez and Zakarian in the amount of $1,710.00.

(3) An order compelling Defendant Madelyn Grace Manning to provide further responses to Form Interrogatories, Set 1, Nos. 17.1.  Additionally, Plaintiff requests sanctions against Defendant and her attorney of record, Grach Bekaryan at the Law Offices of Bensen, Johnson, Alvarez and Zakarian in the amount of $1,710.00.

RULING: The hearing on the motions will be continued. 

This action arises out of automobile accident that occurred on 6/9/22 in Santa Clarita, California.  Plaintiff Maricruz Celedon Martinez (Plaintiff) contends that she was injured  when Defendant Madelyn Grace Manning caused a three-vehicle collision by failing to yield when exiting the driveway of the Midas Auto Repair Shop.

On 9/6/23, Plaintiff filed this action against Meagan Renee Enbody, Shawn Douglas Enbody,  Chad Manning and Does 1-20 for motor vehicle negligence.  On 11/30/23, Plaintiff filed the operative First Amended Complaint for motor vehicle negligence against the foregoing defendants and Madelyn Grace Manning.  On 2/5/24, Meagan Renee Enbody and Shawn Douglas Enbody answered the First Amended Complaint.  On 3/15/24, Chad Manning and Madelyn Grace Manning answered the First Amended Complaint.

On 5/15/24, Plaintiff served Defendant Madelyn Grace Manning (Defendant) with Special Interrogatories, Set 1; Requests for Admissions,  Set 1 and Form Interrogatories, Set 1.  On 6/21/24, Defendant served responses to the discovery.  Plaintiff found Defendant’s responses to certain of the discovery requests to be deficient.  Despite meet and confer efforts, the parties were unable to resolve the discovery disputes.  During the meet and confer efforts, the parties agreed to extend the time to file motions to compel further responses. 

Therefore, on 8/16/24 Plaintiff filed and served motions seeking:

(1) An order compelling Defendant Madelyn Grace Manning to provide further Responses to Special Interrogatories, Set 1, Nos. 1-4 and 8-13.  Additionally, Plaintiff requests sanctions against Defendant and her attorney of record, Grach Bekaryan at the Law Offices of Bensen, Johnson, Alvarez and Zakarian in the amount of $1,710.00;

(2) An order compelling Defendant Madelyn Grace Manning to provide further responses to Requests for Admissions, Nos. 1, 2, 4-6 and 10.  Additionally, Plaintiff requests sanctions against Defendant and her attorney of record, Grach Bekaryan at the Law Offices of Bensen, Johnson, Alvarez and Zakarian in the amount of $1,710.00; and

(3) An order compelling Defendant Madelyn Grace Manning to provide further responses to Form Interrogatories, Set 1, No. 17.1.  Additionally, Plaintiff requests sanctions against Defendant and her attorney of record, Grach Bekaryan at the Law Offices of Bensen, Johnson, Alvarez and Zakarian in the amount of $1,710.00

On 11/1/24, Defendant filed oppositions to the motions.  No replies to the opposition have been filed.

The proofs of service for the opposition documents indicate that they were served on Plaintiff’s counsel at the following email addresses: ESchurmer@schurmerfirm.com; Jcastellanos@schurmerfirm.com; and SSchurmer@schurmerfirm.com.  However, the email address of record for Plaintiff’s counsel in eCourt is ESCHURMER@SCHURMERWOOD.COM. 

Based on the foregoing, it cannot be determined whether the lack of replies is due to service of the oppositions on improper email addresses.  Therefore, the hearing on the motions will be continued.  Defendant’s counsel is ordered serve the oppositions on the email address of record for Plaintiff’s counsel.  Any replies are due to be filed and served at least 5 court days before the continued hearing date.