Judge: Michelle C. Kim, Case: 21STCV47619, Date: 2023-04-26 Tentative Ruling

Case Number: 21STCV47619    Hearing Date: April 26, 2023    Dept: 31

TENTATIVE

The motions are DENIED.

Defendant Javier Martinez Mendez (“Mendez”) moves to compel responses to form interrogatories, set one, special interrogatories, set one, and request for production of documents (“RPDs”), set one, against Plaintiff Bahamn Khodayari.  Mendez provides that the subject discovery was served on Plaintiff on May 18, 2022.  However, the discovery requests attached to each motion show that the discovery requests were propounded by defendant Noberto Martinez Cruz (“Cruz”), not Mendez.  (Mots. Exh. A.)  The discovery requests identify only Cruz as the propounding party; they do not list or reference moving defendant Mendez. 

Therefore, because Mendez does not submit evidence showing that he propounded any discovery requests on Plaintiff, Mendez’s motion are denied.  The denial is without prejudice to Mendez re-filing the motions with evidence that Mendez propounded discovery on Plaintiff.  Because the motions are denied, the request for sanctions is also denied. 

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 26^th day of April 2023