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
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ROBERT RODRIGUEZ, et al., Plaintiff, vs. WOODMAN REALTY INC., et al., Defendants. |
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[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
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Hon. Thomas D. Long Judge of the Superior
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