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
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2633 MANNING CHEVIOT HILLS, LLC, Plaintiff, vs. CHASE N’ PROPERTIES, INC., et al., Defendants. |
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[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
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Hon. Thomas D. Long Judge of the Superior
Court |