Judge: Steven A. Ellis, Case: 22STCV10752, Date: 2023-12-14 Tentative Ruling

Case Number: 22STCV10752    Hearing Date: January 16, 2024    Dept: 29

Plaintiff’s motion to compel further responses to Form Interrogatories (Set One)

Plaintiff’s motion to compel further responses to Requests for Production (Set One)

TENTATIVE RULING

The Court will hear from counsel regarding what, if any, disputes remain following service of the further amended discovery responses on January 11, 2024.

Background

According to the Complaint, Plaintiff Emilia Balfe (“Plaintiff”) suffered an injury due to a dangerous condition at the premises of 24 Hour Fitness in West Hills, California on July 13, 2021.  Plaintiff filed the Complaint against 24 Hour Fitness USA, LLC (“Defendant”), Chris E. Dowe, and Does 1 through 100 on March 29, 2022. 

On May 16, 2022, Defendant filed its Answer to the Complaint.  On the same date, Defendant filed a Cross-Complaint against Artem Fradkin and Does 1 through 10.

Plaintiff amended the Complaint to name Artem Fradkin as Doe 1 on December 6, 2022.

On February 22, 2023, Plaintiff filed three motions: (1) to compel further responses to form interrogatories; (2) to compel further responses to special interrogatories; and (3) to compel further responses to requests for production.  All three motions also requested monetary sanctions.  Following a hearing on July 17, 2023, the Court granted all three motions and also granted Plaintiff’s request for monetary sanctions.  The Court ordered Defendant to serve verified, code-compliant, written responses, without objection, to Form Interrogatories Nos. 12.6, 16.2, 16.3, 16.4, and 16.5; Special Interrogatories Nos. 17 and 22; and Requests for Production Nos. 1-23 within 30 days.

Defendant served further responses to the Form Interrogatories and Requests for Production on August 17, 2023.  (Allton Decls., ¶¶ 12 & Exhs. B.).  Plaintiff contends that the responses are still not code-compliant.

On October 4, 2023, Plaintiff filed the two motions that are currently before the Court: to compel further responses to Form Interrogatories and Requests for Production.  The hearing was initially set for December 14, 2023, and was then continued, on the Court’s own motion, to January 16, 2024.

Defendant has not filed any opposition to either motion.  On January 11, 2024, only two court days before the continued hearing date, Defendant’s counsel filed a declaration stating that further responses were served on January 11.  (Wong Decl., ¶ 3 & Exhs. B-C.)

Discussion

The Court will hear from counsel regarding what, if any, disputes remain following service of the further amended discovery responses on January 11, 2024.