Judge: Ronald F. Frazier, Case: 37-2020-00017892-CU-FR-CTL, Date: 2023-10-20 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 19, 2023

10/20/2023  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Ronald F. Frazier

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Civil - Unlimited  Fraud Discovery Hearing 37-2020-00017892-CU-FR-CTL TAISHA A.S. HERNANDEZ VS AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA CAUSAL DOCUMENT/DATE FILED:

Plaintiff's Amended Motion to Compel Further Responses to Demand for Production of Documents and Further Responses to Interrogatories is DENIED. (ROA 148.) At the outset, Plaintiff reserved two hearings for two discovery motions, but improperly filed one combined motion seeking to compel further responses to Plaintiff's special interrogatories and requests for production from both Defendants. This is a misuse of the court's calendar. (See San Diego Superior Court Rules 2.1.19 and 2.1.20.) Without explanation, Plaintiff filed 'amended' moving papers two days after the initial moving papers were filed. The court did not grant leave for Plaintiff to file amended papers. The court has exercised its discretion on this occasion to consider the amended notice of motion and memorandum in lieu of the initially filed notice of motion and memorandum. The court also notes only one separate statement was filed, with the initial papers, and this separate statement was considered. Plaintiff's counsel is admonished not to file multiple sets of motion papers without obtaining leave of court in the future.

On a motion to compel further discovery responses, a meet and confer declaration is required by statute.

(Code Civ. Proc. §§ 2030.300(b)(2) and 2031.310(b)(2).) Here, no declaration was filed, either with the initial or the amended motion papers.

Accordingly, the motion is denied.

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