Judge: Stephen P. Pfahler, Case: 22STCV33658, Date: 2024-05-14 Tentative Ruling

Case Number: 22STCV33658    Hearing Date: May 14, 2024    Dept: 68

Dept. 68

Date: 5-14-24

Case #: 22STCV33658

Trial Date: 1-9-25 c/f 6-24-24

FURTHER DOCUMENTS

MOVING PARTY: Defendant, Samuel Welch

RESPONDING PARTY: Plaintiff, Glen’Nesha Denham

RELIEF REQUESTED

Motion to Compel Further Responses to Request for Production of Documents

SUMMARY OF ACTION

Plaintiffs were tenants of a single-family dwelling at 32270 Saticoy Street, West Hills, and allege unsanitary and/or unsafe conditions on the premises as a result of improper maintenance and upkeep.

On October 17, 2022, Plaintiffs filed their complaint for Failure to Provide Habitable Dwellings, Breach of Covenant of Right to Quiet Enjoyment and Possession of the Property, Nuisance, and Negligence. Defendants answered the complaint on February 23, 2023.

RULING: Granted.

Defendant, Samuel Welch moves to compel further responses to request for production of documents, numbers 4, 9, and 12 from Plaintiff Glen’Nesha Denham. The responses consist of references to other items.

Such responses constitute an improper, factually incomplete answer. Responding Party may not refer to prior discovery. (Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 783–784 [“Answers must be complete and responsive. Thus, it is not proper to answer by stating, ‘See my deposition’, ’See my pleading’, or ‘See the financial statement’”].)

The motion is therefore granted. Responding is ordered to serve responses in compliance with Code of Civil Procedure sections 2031.210-2031.240 within 30 days of this order. No sanctions requested.

The court calendar shows 25 reserved or scheduled motions to compel further responses scheduled from May 14, 2024 through July 22, 2024—16 actually scheduled and nine reserved. The motions appear as a continuation of discovery issues addressed by the court in the 23 motions to compel responses granted on November 22, 2023.

The court does not conduct any informal discovery conferences. While the court understands the prior use and perhaps reliance on the IDC system, the court finds the number of items on the court calendar through the next three months presents a potentially inordinate burden. The court reserves the right to set an OSC re: Discovery Referee in lieu of a hearing on any given motion, and may take off any and all motions in lieu of the OSC hearing. The court invites the parties to continue meeting and conferring, including the provision of supplemental responses, when possible.

Next motions to compel further responses to form interrogatories from Glen’Nesha Denham scheduled for May 21, 2024, with a subsequent motion for further form interrogatory responses to Shamoria Jackson on May 22, 2024.

Defendant to give notice.