Judge: Michelle C. Kim, Case: 20STCV22589, Date: 2023-05-05 Tentative Ruling

Case Number: 20STCV22589    Hearing Date: May 5, 2023    Dept: 31

TENTATIVE

Defendant Cassandra Bible’s motion to compel responses to request for production of documents, set one, was last heard on April 24, 2023, where it was continued at Defendant’s request to May 5, 2023.  Defendant was ordered to give notice of the continuance.  (Min. Order, April 24, 2023.)  As of April 28, 2023, Defendant has not filed notice with proof of service of the continuance on Plaintiff.   

The Court wishes to ensure that Plaintiff has proper notice of the hearing.  The hearing on the motion is continued to _________________ at 1:30 p.m. in Department 31 of the Spring Street Courthouse.  If this date is not an available date for Defendant, Defendant may use the online reservation system to change the hearing date to the next available convenient date in the system.  Defendant must file notice with proof of service on Plaintiff of the continuance at least nine court days prior to the hearing.  If Defendant fails to do so, the motion will be taken off calendar. 

Alternatively, if Defendant can produce evidence he properly gave notice of the subject hearing date as ordered, the court rules as follows:

The motion is GRANTED.  

Plaintiff Robert Thomas (“Plaintiff”) is ordered to serve verified responses to request for production of documents, set one, without objections, within ten (10) days.  (CCP § 2031.300(a),(b).)

Plaintiff and Plaintiff’s attorney of record, jointly and severally, are ordered to pay sanctions to Defendant, by and through counsel of record, in the amount of $410.00, within twenty (20) days. The Court awards sanctions pursuant to Code of Civ. Proc. §§ 2023.030 (a), 2031.300(c) and CRC 3.1348.

Moving party is to give notice of ruling.

PLEASE TAKE NOTICE:

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
• If a party intends to submit on this tentative ruling, the party must send an email to the court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.  
• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.  
• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave. 

Dated this 5^th day of May 2023