Judge: Michelle C. Kim, Case: 20STCV32667, Date: 2023-09-06 Tentative Ruling

Case Number: 20STCV32667    Hearing Date: November 30, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

VITO ANTHONY DERASMO, 

Plaintiff(s),  

vs. 

 

HOUSE OF HAYDEN, INC., ET AL., 

 

Defendant(s). 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

      CASE NO: 20STCV32667 

 

[TENTATIVE] ORDER RE: MOTION TO COMPEL FURTHER 

 

Dept. 31 

1:30 p.m.  

November 30, 2023 

 

I. Background 

Defendant House of Hayden, Inc. (“Defendant”) moves the Court for an order compelling Plaintiff Vito Anthony Derasmo (“Plaintiff”) to provide further responses to request for production of documents, set one, and form interrogatories, set one.  

 

II. Informal Discovery Conference (“IDC”) 

Per the Eight Amended Standing Order for Procedures in the Personal Injury Hub Courts effective October 10, 2022 (Filed September 20, 2022), 9E, “PI Hub Courts will not hear Motions to Compel Further Discovery Responses to Discovery until the parties have engaged in an Informal Discovery Conference (IDC). PI Hub Courts may deny or continue a Motion to Compel Further Responses to Discovery if parties fail to schedule and complete an IDC before the scheduled hearing on a Motion to Compel Further Responses to Discovery.” Additionally, “Reserving or scheduling an IDC does not extend the time to file a Motion to Compel Further Discovery Responses.” (Ibid.) The purpose of an IDC is to avoid the necessity of a motion to compel, or to at least reduce its scope. The Eight Amended Standing Order further provides that parties are encouraged to stipulate to extend the deadline for filing a motion to compel further by 60 days to allow time to participate in an IDC and to informally resolve pending discovery issues.  

The Court previously noted that because Defendant did not schedule an IDC prior to its motions being heard, Defendant’s motions are premature and must be continued to a new date. The parties have yet to schedule and participate in an IDC. Therefore, the parties are ordered to participate in an Informal Discovery Conference (“IDC”) as required by the Court’s Standing Order Re: PI Court Procedures. 

Once more, moving Party is ordered to use the online reservation management system to schedule an IDC, which must go forward per the terms set forth in the Standing Order. Moving Party is also ordered to continue the Hearing on Motion to Compel Further Discovery Responses using the online reservation management system, at least 3 weeks after the IDC. 

The Court is hopeful the hearing on the motions to compel further will not be necessary. If the parties are unable to resolve all outstanding issues at the IDC, the parties must submit a joint statement of items in dispute at least two weeks prior to the continued hearing date. The joint statement must be a single document, with analysis by both parties, addressing each remaining issue. 

 

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 29th day of November 2023 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court