Judge: Stephen I. Goorvitch, Case: 21STCV28331, Date: 2023-02-06 Tentative Ruling

Case Number: 21STCV28331    Hearing Date: February 6, 2023    Dept: 39

Marvin Munoz v. Sause Bros, Inc., et al.

Case No. 21STCV28331

Motions to Compel Further Responses

            Plaintiff Marvin Munoz (“Plaintiff”) moves to compel further responses from Defendant Sause Bros., Inc. (“Defendant”) to Requests for Production of Documents, Set One (“SROGs”), Form Interrogatories—General, Set One (“FROGs”), and Special Interrogatories, Set One (“SROGs”).  Prior to filing such motions, the moving party must make a “reasonable and good faith attempt” to informally resolve the discovery dispute.  (Code Civ. Proc., §§ 2016.040, 2030.300, subd. (b)(1), 2031.310, subd. (b)(2).)  In this case, Plaintiff’s counsel sent a 396-page meet-and-confer letter on Sunday, September 11, 2022, at 11:29 p.m.  (See Declaration of William G. Anderson, ¶ 13.)  Plaintiff indicated that his deadline to file the motion was September 13, 2022, and requested that Defendant’s counsel supplement his client’s responses by Monday, September 12, 2022.  (Ibid.)  Plaintiff’s counsel did not offer to extend Defendant’s deadline or seek an extension of his deadline to file the instant motions.  (Id., ¶¶ 13-14.)  The Court’s cursory review of these motions suggests that many of these disputes can, or have, been resolved. 

            This litigation conduct does not embody the Court’s “Guidelines for Civility in Litigation,” which may be found in Chapter 3, Appendix 3.A of the Local Rules.  Nor is this litigation conduct mindful of the Court’s resources.  Department #39 currently has 640 open cases, and such litigation conduct contributes to the congestion of the Court’s docket and denies access to justice for other litigants. 

            Based upon the foregoing, the Court orders as follows:

            1.         The Court orders the parties to meet-and-confer on or before February 17, 2023.  This meet-and-confer shall occur via telephone (not email).

            2.         The parties shall file a joint statement on or before February 24, 2023, identifying which discovery requests the Court must resolve (i.e., the specific discovery request, like “Request for Production of Documents, Number 20, Special Interrogatory Number 1, etc.)  For each outstanding discovery item, the parties each shall include a one-paragraph summary of their position.

            3.         The hearing on the motions is continued to March 17, 2023, at 8:30 a.m.  However, the Court may continue this hearing if it is engaged in trial.

            4.         If the parties fail to comply with this order, absent good cause, the Court will issue an Order to Show Cause re: Sanctions under Code of Civil Procedure section 177.5. 

            5.         The Court’s clerk shall provide notice.