Judge: Robert B. Broadbelt, Case: 21STCV37377, Date: 2024-01-26 Tentative Ruling

Case Number: 21STCV37377    Hearing Date: January 26, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Plaintiff Billy Earley

RESPONDING PARTY:       Unopposed

Motion to Compel Further Responses to Special Amended Interrogatories

The court considered the moving papers filed in connection with this motion.  No opposition papers were filed.

DISCUSSION

Plaintiff Billy Earley (“Plaintiff”) moves the court for an order (1) compelling defendants Keith Landrum and Landrum Law Firm LLP (“Defendants”) to serve further responses to Plaintiff’s Special Amended Interrogatories, Set One, numbers 1-30, and (2) awarding sanctions in favor of Plaintiff and against Defendants in the amount of $3,000.

The court finds that Plaintiff did not comply with California Rules of Court, rule 3.1345.

“Any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement.  The motions that require a separate statement include a motion: [¶¶] (2) To compel further responses to interrogatories[.]”  (Cal. Rules of Ct., rule 3.1345, subd. (a)(2).)  Plaintiff did not file with the court and serve on Defendants a separate statement in support of the pending motion.  Thus, the court finds that Plaintiff has not complied with California Rules of Court, rule 3.1345.

The court exercises its discretion to deny Plaintiff’s motion for the failure to file a separate statement as required.  (Mills v. U.S. Bank (2008) 166 Cal.App.4th 871, 893 [trial court has discretion to deny a discovery motion for failure to comply with separate statement requirement].)

ORDER

            The court denies plaintiff Billy Earley’s motion to compel further responses to special amended interrogatories.

            The court orders defendants Keith Landrum and Landrum Law Firm LLP to give notice of this ruling.

IT IS SO ORDERED.

DATED:  January 26, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court