Judge: Michelle C. Kim, Case: 22STCV33126, Date: 2023-10-04 Tentative Ruling
Case Number: 22STCV33126 Hearing Date: October 4, 2023 Dept: 31
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
EMANUEL YERDAY, Plaintiff(s), vs.
CEVI MED INC., ET AL.,
Defendant(s). | ) ) ) ) ) ) ) ) ) ) ) | CASE NO: 22STCV33126
[TENTATIVE] ORDER RE: MOTION TO COMPEL FURTHER RESPONSES
Dept. 31 1:30 p.m. October 4, 2023 |
I. Background
Plaintiff Emanuel Yerday (“Plaintiff”) filed this action against Defendants Cevi Med Inc. (“Cevi Med”) and Jesus Alexander Rueda Hernandez for damages arising from an automobile incident.
Plaintiff moves the Court for an order compelling Defendant Cevi Med to provide further responses to form interrogatories, set one, and request for production of documents, 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.
As the parties did not participate in an IDC prior to the motions being heard, Plaintiff’s motion is premature and must be continued to a new date. The parties are ordered to participate in an Informal Discovery Conference (“IDC”) as required by the Court’s Standing Order Re: PI Court Procedures.
Moving Party is ordered to continue the Hearing on Motions to Compel Further Discovery Responses using the online reservation management system, at least 3 weeks after the scheduled 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.
Moving party is ordered to give notice.
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 3rd day of October 2023
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| Hon. Michelle C. Kim Judge of the Superior Court
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