Judge: Teresa A. Beaudet, Case: 21STCV21935, Date: 2023-05-16 Tentative Ruling

Case Number: 21STCV21935    Hearing Date: May 16, 2023    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Background

Plaintiffs Edelmira Giron, Diego J. Ascencio, and Celestino Preciado filed this action on June 11, 2021 against Defendant Epitacio Flores Ramos (“Defendant”). The Complaint alleges causes of action for (1) breach of contract, (2) fraud, (3) constructive trust, (4) unjust enrichment, (5) accounting, and (6) declaratory relief. 

Edelmira Giron, Diego T. Ascencio, and Celestino Preciado (collectively, “Plaintiffs”) now move for an order compelling further responses from Defendant to Plaintiffs’ Form Interrogatories-General, Set One. Plaintiffs also seek an award of monetary sanctions as against Defendant in the amount of $1,410.

In addition, Plaintiffs move for an order compelling responses from Defendant to Plaintiffs’ Request for Production of Documents, Set One. Plaintiffs also seek an award of monetary sanctions against Defendant in the amount of $1,410.

No opposition to the motions was filed.

Discussion

In their “Motion for an Order Compelling Responses/Further Responses to Form Interrogatories – General, Set One,” Plaintiffs seek an order “compelling Defendant to produce further responses to the Form Interrogatories-General, Set One, without objections, to Form Interrogatory Numbers 6, 2.9, 2.10, 2.11, 2.12, 2.13, 14.1, 14.2, 50.1, 50.2, 50.3, 50.4, 50.5, and 50.6.” (Mot. at p. 7:14-17.) Plaintiffs also “request that all responses be verified by Defendant.” (Mot. at p. 7:17-18.)

In their “Motion for an Order Compelling Responses to Request for Production of Documents,” Plaintiffs seek “an order compelling Defendant to produce responses to the Requests for Production of Documents, Set One, without objections.” (Mot. at p. 8:15-18.)

As an initial matter, the Court notes that on January 11, 2023, the parties participated in an Informal Discovery Conference (“IDC”). Plaintiffs’ IDC Statement filed on December 22, 2022 in advance of the January 11, 2023 IDC concerns Plaintiffs’ Form Interrogatories-General, Set One, and Plaintiffs’ Requests For Production of Documents, Set One, propounded to Defendant. The Court’s January 11, 2023 minute order provides, inter alia, “[t]he parties participated in an Informal Discovery Conference. The parties agreed and the Court orders as follows:…

By January 18, 2023 Plaintiff will reserve a copy of the document request on defendant with a verification form.

Defendant Flores will have twenty-five days from the date the document request is served to mail a response to the document request with copies to Plaintiff.

Defendant will deliver the plans, the permits, and inspector’s cards to the office of        Mr. Juber on January 17, 2023. Mr. Juber will give Defendant a receipt regarding the documents received.

Plaintiff will take the deposition of Defendant instead of pursuing further the responses to the Form Interrogatories at this time without waiving the right to pursue more complete responses if needed after the deposition. If that is the case, Defendant and Plaintiff must meet and confer regarding the remaining interrogatories, If no agreement is reached, Plaintiff may pursue a Motion to Compel Further within thirty days after the Deposition.”

Thus, in light of the Court’s January 11, 2023 Order, Plaintiffs’ Motion for an Order Compelling Responses/Further Responses to Form Interrogatories – General, Set One, filed on August 22, 2022, and Plaintiffs’ Motion for an Order Compelling Responses to Request for Production of Documents, filed on August 23, 2022 are denied as moot.

Conclusion

Based on the foregoing, Plaintiffs’ motions are denied as moot.

Plaintiffs are ordered to give notice of this Order.

DATED:  May 16, 2023                                

________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court