Judge: William A. Crowfoot, Case: 19STCV35695, Date: 2022-12-22 Tentative Ruling


Case Number: 19STCV35695    Hearing Date: December 22, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

MARTHE DE LA TORRE,

                   Plaintiff(s),

          vs.

 

ERJAEI SEYED HOSEIN, et al.,

 

                   Defendant(s).

)

)

)

)

)

)

)

)

)

)

)

     CASE NO.:  19STCV35695

 

[TENTATIVE] ORDER RE: DEFENDANT LYFT, INC.’S MOTION TO COMPEL PLAINTIFF’S FURTHER RESPONSES TO SPECIAL INTERROGATORIES (SET TWO); REQUEST FOR SANCTIONS

 

Dept. 27

1:30 p.m.

December 22, 2022

 

Defendant Lyft, Inc. (“Defendant”) seeks an order compelling plaintiff Marthe De La Torre (“Plaintiff”) to serve further responses to Special Interrogatories (Set Two) Nos. 40, 43, 44-61, 69, 70, 75, 77, 78, 81, 82, 84, 86, 90, 91, 92, 95, 96, 98, and 100.  The objections that Special Interrogatory Nos. 40, 69, 70, 75, 77, 82, 84, 92, and 100 are “duplicative” of “previously propounded” requests is overruled.  Also, Plaintiff provides no explanation for her objection on the grounds of privilege, work product, and premature expert discovery and they are not well-taken because the identity of treating physicians is not privileged.  Further, as stated in Defendant’s reply brief, the parties have undertaken expert discovery and Plaintiff has already noticed the depositions of 10 or more providers.  (Reply, 4:19-28.)  Plaintiff’s objections to relevance of the special interrogatories which ask about any prior diagnoses of depression or anxiety are also not well-taken because Plaintiff is asserting a claim for emotional distress and attributes her depression, anxiety, and PTSD to the incident.  Last, none of the special interrogatories are vague, ambiguous, overbroad, compound, or premature. 

Defendant’s motion is GRANTED in its entirety.  Plaintiff is ordered to provide further responses.  Defendant’s request for sanctions is GRANTED and imposed against Plaintiff and counsel of record, jointly and severally, in the amount of $1,335, consisting of 3 hours at defense counsel’s hourly rate of $425 and a $60 filing fee. 

Sanctions are to be paid and further responses are to be provided within 10 days.

Moving party to give notice.

 

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.