Judge: Thomas D. Long, Case: 23STCV04112, Date: 2023-09-12 Tentative Ruling

Case Number: 23STCV04112    Hearing Date: September 12, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On August 1, 2023, Plaintiff Walter Gee filed two motions to compel Defendants Laguna Creek Construction, Inc.’s and Mohammadali Kalantari’s compliance with RFPs.

Defendants filed oppositions arguing that Plaintiff did not make a reasonable and good faith attempt to resolve the issues, and he did not file a Separate Statement.

Plaintiff argues that he did not need to meet and confer with Defendants or file a Separate Statement because “the instant motion filed is a motion to compel compliance under Cal. Code of Civ. Proc. § 2031.320,” which does not have those requirements.  (Reply at p. 2.)

Although styled as motions to compel, the motions clearly demonstrate that Plaintiff in fact is seeking to compel further, more complete responses from Defendants.  Defendant served written responses to the RFPs and 92 pages of documents on May 30, 2023.  (Madnick Decl. ¶¶ 3, 5.)  The responses indicated that Defendants “would produce documents responsive to Request Nos. 1-5, and 7-8, 12, 14, 16, 18-19,” but according to Plaintiff, this production is “clearly incomplete.”  (Madnick Decl. ¶¶ 4, 6.)  Plaintiff therefore has determined that Defendants’ “statement of compliance with the demand is incomplete.”  (Code Civ. Proc., § 2031.310, subd. (a)(1).)

Because Plaintiff is seeking to compel further responses to the RFPs, he is required to meet and confer with Defendants and file a Separate Statement or follow the Court’s alternative method of outlining the disputes.  (Code Civ. Proc., § 2031.310, subd. (b); California Rules of Court, rule 3.1345(b).)

Accordingly, the two Hearings on Motion to Compel Compliance with Request for Production of Documents are CONTINUED to November 7, 2023 at 8:30 a.m.

The Court expects the parties to make a “reasonable and good faith attempt at an informal resolution of each issue presented by the motion.”  (See Code Civ. Proc., § 2016.040.)  The parties are ordered to meet and confer on the substantive issues before filing a joint statement, following the procedures outlined in Exhibit A of Department 48’s Courtroom Information, no later than October 31, 2023.  The Court will consider only the arguments set forth in the joint statement and accompanying supplemental memoranda.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 12th day of September 2023