Judge: Steven A. Ellis, Case: 21STCV24492, Date: 2023-07-20 Tentative Ruling

Case Number: 21STCV24492    Hearing Date: February 23, 2024    Dept: 29

Defendant’s motion to compel Plaintiff Smith to respond to Form Interrogatories (filed 3/29/23)
Defendant’s motion to compel Plaintiff Smith to respond to Special Interrogatories (filed 3/29/23)
Defendant’s motion to compel Plaintiff Smith to respond to Requests for Production (filed 3/29/23)
Defendant’s motion for a deemed-admitted order on Requests for Admission propounded to Plaintiff Smith (filed 12/15/23)

Tentative

The hearing on all four pending discovery motions are continued for approximately 60 days.

Discussion

Two related cases arise out of a multi-vehicle automobile accident on July 6, 2019, near the Adams Exit on the 101 North Freeway in Los Angeles.

In Case No. 21STCV23847 (the “Marinero Action”), Plaintiffs Luis Felix Marinero, Ana Rodriguez, and Nathaly Rodriguez filed a complaint on June 28, 2021, asserting causes of action for negligence and negligence per se against Defendant Angelica Biana Diaz (“Diaz”) and Does 1 through 25.  Diaz filed her answer on August 20, 2021.

In Case No. 21STCV24492 (the “Smith Action”), Plaintiff Lloyd Smith filed a complaint on July 1, 2021, asserting a cause of action for negligence against Defendants Diaz, Luis Rodriguez, and Does 1 through 50.  On February 1, 2023, Diaz and Luis Rodriguez each filed their answers.  Diaz and Luis Rodriguez each filed Cross-Complaints as well.

On March 15, 2023, the Court determined that the Marinero Action and the Smith Action are related cases.

Currently before the Court in the Smith Action are four motions.

The first three motions were filed by Defendant Luis Rodriguez on March 29, 2023, to compel Plaintiff Smith to provide initial responses to Form Interrogatories (Set One), Special Interrogatories (Set One), and Requests for Production (Set One).  These motions were initially set for hearing on January 30, 2024. 

On January 30, 2024, the Court noted that subsequent to the filing of the motions: (1) Defendant Luis Rodriguez and Plaintiff Smith settled; (2) Plaintiff Smith dismissed all claims against Defendant Luis Rodriguez; and (3) Defendant Luis Rodriguez filed a motion for a determination of good faith settlement, which is set to be heard on March 22, 2024.  Counsel informed the Court that the discovery motions may be affected by the outcome of the hearing on the good faith motion; the Court noted that the parties may file an ex parte application to advance the hearing on the good faith motion and continued all three hearings to February 23, 2024.

The fourth motion was filed by Defendant Luis Rodriguez on December 15, 2023, for an order against Plaintiff Smith deeming admitted the truth of the matters specified in Requests for Admission (Set One). 

Based upon the information before the Court, it appears that all four of these discovery motions may be affected by the Court’s ruling on the pending good faith motion.

Accordingly, the Court, on its own motion, continues the hearing on these discovery motions for approximately sixty days.

The Court notes that there is a pending motion to consolidate this case with the Marinero Action.  If that motion is granted, all future hearings will be on calendar in the Marinero Action (Case No. 21STCV23847)

Moving party to give notice.