Judge: Thomas D. Long, Case: 23STCV29148, Date: 2024-11-26 Tentative Ruling

Case Number: 23STCV29148    Hearing Date: November 26, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On November 29, 2023, Plaintiff Eduardo Sotelo filed this action against Defendant Nissan North America, Inc.

On March 22, 2024, Plaintiff served Requests for Production, Set One on Defendant.  On May 16, 2024, Defendant provided responses.  The parties agreed to extend Plaintiff’s deadline to file his motion to compel to October 30, 2024.

On October 30, 2024, Plaintiff filed a motion to compel further responses to Requests for Production, Set One.

A party may move to compel a further response to a demand for production of documents 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., § 2031.310, subd. (a).)  The motion must set forth specific facts showing good cause justifying the discovery sought by the demand.  (Code Civ. Proc., § 2031.310, subd. (b)(1).)

For a motion to compel further, the moving party must meet and confer with the opposing party 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, www.lacourt.org) and file a joint statement.

Plaintiff’s declaration and separate statement make clear that he did not attempt to follow these procedures.  After Defendant stated on September 27, 2024 that it would respond to meet-and-confer letters by October 11, 2024, Plaintiff made no further attempts to contact Defendant before filing this motion.  (Gibson Decl. ¶¶ 20-22.)  The Court will continue the hearing on this motion so the parties may meet and confer and follow the proper procedures.

The Hearing on Motion to Compel Further Discovery Responses to Plaintiff's Request for Production of Documents, Set One is CONTINUED to February 13, 2025 at 8:30 a.m.

The parties are ordered to meet and confer in good faith.  For any unresolved issues, they are ordered to prepare a Joint Statement (in accordance with the procedures outlined in Exhibit A of Department 48’s Courtroom Information) no later than February 3, 2025.

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 November 2024