Judge: Michelle C. Kim, Case: 23STCV00350, Date: 2023-10-17 Tentative Ruling

Case Number: 23STCV00350    Hearing Date: January 26, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

JOSE ARIEL MEJIA-MORALES, a minor by and through the Guardian, Ad Litem, ANGELICA MORALES 

Plaintiff(s),  

vs. 

 

LOS ANGELES COUNTY METROPOLITAN TRANSIT AUTHORITY, ET AL., 

 

Defendant(s). 

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      CASE NO: 23STCV00350 

 

[TENTATIVE] ORDER RE: PLAINTIFF’S MOTIONS TO COMPEL FURTHER 

 

   

Dept. 31 

1:30 p.m.  

January 25, 2024 

 

I. Background 

Plaintiff, Jose Ariel Mejia-Morales, a minor by and through the Guardian, Ad Litem, Angelica Morales (“Plaintiff”) filed this action against Defendants Los Angeles County Metropolitan Transit Authority and Leo Gilbert Howard, (“Defendants”) for injuries arising from a bus v. pedestrian incident.  

Plaintiff now moves the Court for an order compelling Defendants to provide further responses to Plaintiff’s propounded discovery.  

 

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.”  

At IDC on November 14, 2023, the Court ordered the parties to meet and confer by December 1, 2023. Additionally, moving party was instructed to continue the IDC. (Min. Order, Nov. 14, 2023.) On January 22, 2024, Defendants filed an opposition to Plaintiff’s five sets of discovery motions, requesting that the motions be continued to a date after the IDC currently scheduled for February 15, 2024. 

Plaintiff must reserve separate IDCs for each motion to compel further and is ordered to continue each of the Hearing on Motion to Compel Further Discovery Responses using the online reservation management system, at least 3 weeks after the IDC. The parties are ordered to participate in an Informal Discovery Conference (“IDC”) as required by the Court’s Standing Order Re: PI Court Procedures.  

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 25th day of January 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court