Judge: William A. Crowfoot, Case: 21STCV21917, Date: 2022-10-26 Tentative Ruling

Case Number: 21STCV21917    Hearing Date: October 26, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Bertha Marshall (“Plaintiff”) seeks an order compelling defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”) to provide further responses to Form Interrogatory (“FROG”) Nos. 12.1, 16.2, 16.3, 16.4, 16.5, and 16.6.  On August 8 and August 29, 2022, the parties attended an informal discovery conference.  On September 8, 2022, Defendant served verified further discovery responses.  On September 28, 2022, the parties attended a third informal discovery conference.  The Court rules on Plaintiff’s motion as follows:

FROG No. 12.1: DENIED as to Defendant’s employees, but GRANTED as to “LASD Yen.”  Defendant shall make a reasonable and good faith effort to obtain the information by inquiry, unless the information is equally available to Plaintiff.  (Code Civ. Proc., § 2030.220, subd. (c).)  If the information cannot be obtained after a reasonable inquiry, Defendant shall state so. 

FROG Nos. 16.2, 16.3, 16.4, 16.5: GRANTED as to subparts (b) and (c) requiring Defendant to provide the names, addresses, and telephone numbers of all persons who have knowledge of the facts.  The Court notes that if the person with knowledge is an employee of Defendant and represented by counsel, there is no need to provide that employee’s address or telephone number. 

FROG Nos. 16.6: GRANTED.  Defendant claims that no response is necessary because Plaintiff is not alleging a loss of earnings or income claim.  However, its boilerplate response is nonresponsive and does not even indicate that fact. 

Defendant is ordered to provide further responses within 20 days.  Plaintiff’s request for sanctions is DENIED.  

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.