Judge: William A. Crowfoot, Case: 20STCV19692, Date: 2022-09-30 Tentative Ruling

Case Number: 20STCV19692    Hearing Date: September 30, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Before the Court is plaintiff Paul Bouche’s (“Plaintiff”) motion for an order compelling defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”) to serve further responses to Plaintiff’s Special Interrogatories (Set Two), Nos. 50, 51, and 52.  Special Interrogatory No. 50 asks Defendant to “IDENTIFY each PERSON who provided any information, of whatever nature or description, RELATING TO any of YOUR answers to these interrogatories and any other written discovery served at the same time as these interrogatories.”  (SROG No. 50.)  Special Interrogatory No. 51 asks Defendant to “IDENTIFY the person at [its] office who is most knowledgeable regarding the storage of the video footage which was recorded on the cameras mounted on DEFENDANT’S VEHICLE at the time of the INCIDENT.”  Special Interrogatory No. 52 asks Defendant to “IDENTIFY the person at [its] office who is most knowledgeable regarding the retrieval of the video footage which was recorded on the cameras mounted on DEFENDANT’S VEHICLE at the time of the INCIDENT.” 

Defendant opposes Plaintiff’s motion on several grounds.  First, Defendant argues Plaintiff’s motion is untimely.  This is meritless.  As Plaintiff explains in his reply brief, the 45-day deadline to file a motion to compel further is extended by two court days by CCP § 1010.6; the extension is not applied before the 45-day deadline. 

Next, Defendant argues that Special Interrogatory No. 50 is improper because it requires Defendant to “refer to other materials.”  This is unpersuasive.  Special Interrogatory No. 50 is substantively similar to Form Interrogatory No. 1.0 which asks a party to “[s]tate the name, ADDRESS, telephone number, and relationship to you of each PERSON who prepared or assisted in the preparation of the responses to these interrogatories.”  Defendant also argues that Special Interrogatory No. 50 is moot because it has already served supplemental responses.  However, the supplemental responses merely state, “Not applicable/None.”  This is not responsive. Accordingly, Plaintiff’s motion for an order compelling a further response is GRANTED as to Special Interrogatory No. 50. 

 Last, Defendant argues that Plaintiff’s special interrogatories seeking information concerning Defendant’s person most knowledgeable (“PMK”) are improper.  Defendant states it is willing to provide information regarding witnesses about the Incident and will produce a PMK when Plaintiff serves deposition notices for its PMK.  Defendant provides no legal authority for its refusal to identify its PMK at this time and its objections are meritless.  The special interrogatories are not vague and ambiguous or harassing and oppressive, and the information sought is relevant and reasonably calculated to lead to the discovery of admissible evidence.  Accordingly, Plaintiff’s motion is GRANTED as to Special Interrogatory Nos. 51 and 52.

Plaintiff’s motion is GRANTED.  Defendant is ordered to serve further responses within 20 days of the date of this Order. 

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.