Judge: Thomas D. Long, Case: 23STCV13359, Date: 2024-12-26 Tentative Ruling



Case Number: 23STCV13359    Hearing Date: December 26, 2024    Dept: 48

 

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

2633 MANNING CHEVIOT HILLS, LLC,

                        Plaintiff,

            vs.

 

CHASE N’ PROPERTIES, INC., et al.,

 

                        Defendants.

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      CASE NO.: 23STCV13359

 

[TENTATIVE] ORDER GRANTING MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES

 

Dept. 48

8:30 a.m.

December 26, 2024

 

On June 12, 2023, Plaintiff 2633 Manning Cheviot Hills LLC filed this action against Defendants Chase N’ Properties Inc. and Cassandra Chase.

On November 22, 202, Defendants served Form Interrogatories (Set One), on Plaintiff.  On January 26, 2024, Plaintiff provided responses, which Defendants deemed insufficient.

After the parties agreed to extensions of time, on April 24, 2024, Defendants filed a motion to compel further responses to Form Interrogatory Nos. 3.3, 3.7, 9.1., 9.2, 12.1, 12.2, 12.3, and 50.2.

PROCEDURAL ISSUES

For a motion to compel further, Plaintiff must meet and confer with Defendant 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).)  This Department requires the parties to follow the procedures outlined in Exhibit A of Department 48’s Courtroom Information (available on the Court’s website) and file a joint statement.  Defendants’ counsel’s declaration makes clear that they did not attempt to follow Department 48’s procedures for a joint statement.

If any party continues to electronically file noncompliant documents, the Court may strike the filings or issue sanctions.

DISCUSSION

A party may move to compel a further response to a discovery demand if the demanding party deems that the statement of compliance with the demand is incomplete; the representation of inability to comply is inadequate, incomplete, or evasive; or an objection in the response is without merit or too general.  (Code Civ. Proc., §§ 2030.300, subd. (a) [interrogatories], 2031.310, subd. (a) [documents], 2033.290, subd. (a) [admissions].)

In response to Form Interrogatory Nos. 3.3, 3.7, 9.1., 9.2, 12.1, 12.2, 12.3, and 50.2, Plaintiff provided partial responses, but it did not provide the full information required by subparts of the requests.  Plaintiff’s objections, including that the requested information is “public information” and documents “speak for themselves,” are overruled.

The motion is GRANTED.  Plaintiff is ordered to provide supplemental responses to Form Interrogatory Nos. 3.3, 3.7, 9.1., 9.2, 12.1, 12.2, 12.3, and 50.2. within 30 days.

The request for sanctions is denied.

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 26th day of December 2024

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court