Judge: Michael P. Linfield, Case: 22STCV17806, Date: 2023-05-18 Tentative Ruling
Case Number: 22STCV17806 Hearing Date: May 18, 2023 Dept: 34
SUBJECT: Motion to
Compel Written Responses to Demand for Inspection and Copy Set One [and]
Request for Sanctions
Moving Party: Plaintiff
Francisco Carrillo Rivera
Resp. Party: Defendant General Motors LLC
SUBJECT: Motion to
Deem the Truth of All Matters Specified in Plaintiffs [sic] Request for
Admission Set One, Admitted [and] Request for Sanctions
Moving Party: Plaintiff
Francisco Carrillo Rivera
Resp. Party: Defendant General Motors LLC
Plaintiff’s RFAs Motion and RPDs Motion are DENIED
without prejudice.
BACKGROUND:
On May 31,
2022, Plaintiff Francisco Carrillo Rivera filed his Complaint against Defendant
General motors LLC on causes of action arising from issues with Plaintiff’s
vehicle, which was manufactured by Defendant.
On July 25,
20222, Defendant filed its Answer.
On December
12, 2022, Plaintiff filed:
(1) Motion to Compel Written Responses to Demand
for Inspection and Copy Set One [and] Request for Sanctions (“RPDs Motion”);
and
(2) Motion to Deem the Truth of All Matters
Specified in Plaintiffs [sic] Request for Admission Set One, Admitted [and]
Request for Sanctions (“RFAs Motion”).
Plaintiff concurrently filed a Proposed Order
with each of the motions.
On
February 7, 2023, Defendant filed its Opposition to the RFAs Motion. Defendant
concurrently filed Declaration of Darshnik Brar.
On February
14, 2023, Plaintiff filed Declaration of Nadia Yashar in Reply to the RFAs
Motion.
On February
16, 2023, Defendant filed its Opposition to the RPDs Motion.
No reply or
other response has been made to the RPDs Motion.
ANALYSIS:
I.
Discussion
This Court’s Trial Orders require that Counsel attend
an informal discovery conference before any discovery motion will be heard in a
Lemon Law case. (See Court’s Trial Orders, § VIII.) The parties have failed to
schedule an Informal Discovery Conference regarding the RFAs Motion or the RPDs
Motion.
The Court DENIES without prejudice these motions
because the Parties have not participated in an Informal Discovery Conference.
II.
Conclusion
Plaintiff’s RFAs Motion and RPDs Motion are DENIED
without prejudice.