Judge: Thomas D. Long, Case: 23STCV23576, Date: 2024-06-25 Tentative Ruling

Case Number: 23STCV23576    Hearing Date: June 25, 2024    Dept: 48

 

                                                                                                  

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

ROBERT RODRIGUEZ, et al.,

                        Plaintiff,

            vs.

 

WOODMAN REALTY INC., et al.,

 

                        Defendants.

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      CASE NO.: 23STCV23576

 

[TENTATIVE] ORDER GRANTING MOTION TO COMPEL FURTHER

 

Dept. 48

8:30 a.m.

June 25, 2024

 

On March 19, 2024, Plaintiffs filed a motion to compel Defendant Woodman Realty Inc.’s further response to Form Interrogatory No. 4.1.

A party may move to compel a further response to interrogatories if the demanding party deems an answer to be evasive or incomplete, if an exercise of the option to produce documents is unwarranted or inadequate, or if objection is without merit or too general.  (Code Civ. Proc., § 2030.300, subd. (a).)

Form Rog No. 4.1 requests information about insurance policies that may cover the relevant damages, claims, or actions.  Defendant objected, including boilerplate objections as to privilege and relevance.  Defendant also objected to the Form Rog as seeking improper pre-trial discovery of its financial condition, but the existence and contents of any agreement under which any insurance carrier may be liable is discoverable.  (Code Civ. Proc., § 2017.210.)  Defendant’s objections are overruled.

After its objections, Defendant responded, “Responding party has not tendered any claim to any insurance and therefore is not aware of insurance through which it would be insured for the claims asserted in this lawsuit.”  This is not a code-compliant response and does not state that Defendant made a reasonable and good faith effort to obtain the information.  (See Code Civ. Proc., § 2030.220, subds. (b)-(c).)  Defendant must provide a complete, clear, and code-compliant response.

The motion is GRANTED.

Defendant Woodman Realty Inc. is ORDERED to provide a supplemental response to Form Rog No. 4.1 within 30 days.  Defendant’s counsel is also ORDERED to pay sanctions of $2,550.00 to Plaintiffs within 30 days.

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 25th day of June 2024

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court