Judge: William A. Crowfoot, Case: 23AHCV02077, Date: 2024-11-06 Tentative Ruling


Case Number: 23AHCV02077    Hearing Date: November 6, 2024    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

MICHELLE WU,

                    Plaintiff(s),

          vs.

 

EILEEN WANG, et al.,

 

                    Defendant(s).

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     CASE NO.:  23AHCV02077

 

[TENTATIVE] ORDER RE: PLAINTIFF’S MOTION TO COMPEL FURTHER RESPONSES FROM DEFENDANT AMERICAN SOUTHWEST CHAMBER OF COMMERCE TO FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS AND REQUEST FOR MONETARY SANCTIONS;

 

Dept. 3

8:30 a.m.

November 6, 2024

 

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On August 1, 2024, plaintiff Michelle Wu (“Plaintiff”) filed this motion for an order compelling defendant American Southwest Chamber of Commerce (“Defendant”) to serve further responses to her Requests for Production of Documents (Set One), Nos. 2 through 5, 14, 16, 19, 20, 22 through 24, 27, 28, and 30 through 32. The motion is unopposed, but it does not appear that the Court has jurisdiction to rule on this motion.

Code of Civil Procedure section 2031.310(c) states: “Unless notice of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, or on or before any specific later date to which the demanding party and the responding party have agreed in writing, the demanding party waives any right to compel a further response to the demand.”

Here, based on Plaintiff’s counsel’s declaration, the correspondence between counsel, and Plaintiff’s separate statement, it appears that Defendant served initial responses on January 5, 2024, and that the parties met and conferred to extend the deadline to file a motion to compel further to February 19, 2023. When Defendant retained new counsel, the parties further met and conferred (and attended an IDC). Based on the separate statement, Defendant served supplemental responses on April 4, 2024 (Plaintiff did not include a copy of these responses with her motion). The motion was filed and served on August 1, 2024, which is more than 45 days after the supplemental responses were served on April 4, 2024. Therefore, Plaintiff has waived her right to compel a further response from Defendant and the motion is DENIED.

 

Dated this 6th day of November, 2024

 

 

 

 

       William A. Crowfoot

Judge of the Superior Court

 

 

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@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.