This case was last updated from Los Angeles County Superior Courts on 04/19/2021 at 23:18:38 (UTC).

INTERCOMMUNITY CARE CENTERS, INC. VS CALIFORNIA DEPARTMENT OF PUBLIC HEALTH, ET AL.

Case Summary

On 09/15/2020 INTERCOMMUNITY CARE CENTERS, INC filed an Other lawsuit against CALIFORNIA DEPARTMENT OF PUBLIC HEALTH. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******7803

  • Filing Date:

    09/15/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

INTERCOMMUNITY CARE CENTERS INC. DBA INTERCOMMUNITY CARE CENTER

Defendants

CALIFORNIA DEPARTMENT OF PUBLIC HEALTH

SMITH KAREN MD

SANDRA SHEWRY DIRECTOR OF CALIFORNIA DEPARTMENT OF PUBLIC HEALTH

DIRECTOR OF CALIFORNIA DEPARTMENT OF PUBLIC HEALTH

Attorney/Law Firm Details

Plaintiff Attorney

SCHWARTZ ROBERT

Defendant Attorney

NORTON ASHANTE L

 

Court Documents

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

9/15/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

9/15/2020: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

9/15/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

9/15/2020: Summons - Summons on Complaint

Complaint - Complaint

9/15/2020: Complaint - Complaint

Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

10/26/2020: Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

General Denial - General Denial

11/17/2020: General Denial - General Denial

General Denial - General Denial

12/9/2020: General Denial - General Denial

Case Management Statement - Case Management Statement

3/1/2021: Case Management Statement - Case Management Statement

 

Docket Entries

  • 09/19/2023
  • Hearing09/19/2023 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 03/15/2022
  • Hearing03/15/2022 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 03/01/2021
  • DocketCase Management Statement; Filed by: Intercommunity Care Centers, Inc. (Plaintiff)

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  • 12/09/2020
  • DocketGeneral Denial; Filed by: Sandra Shewry, Director of California Department of Public Health (Defendant)

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  • 11/18/2020
  • DocketUpdated -- Director of California Department of Public Health (Defendant): First Name: blank; Last Name: blank; Government Agency: Yes; Name Suffix: blank

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  • 11/17/2020
  • DocketGeneral Denial; Filed by: California Department of Public Health (Defendant); Director of California Department of Public Health (Defendant)

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  • 10/26/2020
  • DocketAmendment to Complaint (Fictitious/Incorrect Name); Filed by: Intercommunity Care Centers, Inc. (Plaintiff); As to: Sandra Shewry, Director of California Department of Public Health (Defendant)

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  • 09/15/2020
  • DocketComplaint; Filed by: Intercommunity Care Centers, Inc. (Plaintiff); As to: California Department of Public Health (Defendant); Karen Smith, MD (Defendant)

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  • 09/15/2020
  • DocketCivil Case Cover Sheet; Filed by: Intercommunity Care Centers, Inc. (Plaintiff); As to: California Department of Public Health (Defendant); Karen Smith, MD (Defendant)

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  • 09/15/2020
  • DocketSummons on Complaint; Issued and Filed by: Intercommunity Care Centers, Inc. (Plaintiff); As to: California Department of Public Health (Defendant); Karen Smith, MD (Defendant)

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  • 09/15/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/15/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 09/15/2020
  • DocketNon-Jury Trial scheduled for 03/15/2022 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 09/15/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/19/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 09/15/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

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Case Number: 20STLC07803 Hearing Date: September 29, 2021 Dept: 25

PROCEEDINGS: MOTION TO COMPEL DEFENDANT\r\nCDPH TO PROVIDE FURTHER RESPONSES TO DEMAND FOR PRODUCTION

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MOVING PARTY: Plaintiff Intercommunity\r\nCare Centers, Inc.

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RESP. PARTY: Defendant California Department of Public Health

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MOTION TO COMPEL FURTHER RESPONSES TO\r\nREQUESTS FOR PRODUCTION; REQUEST FOR SANCTIONS

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(CCP\r\n§ 2031.310)

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TENTATIVE RULING:

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Plaintiff\r\nIntercommunity Care Centers, Inc.’s Motion to Compel Defendant CDPH to Provide\r\nFurther Responses is CONTINUED TO NOVEMBER 1, 2021 at 10:30 a.m. in Department\r\n25 at the SPRING STREET COURTHOUSE. At least five (5) court days, the parties\r\nmust file and serve supplemental papers as requested herein.

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SERVICE:

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[X] Proof of Service Timely Filed (CRC,\r\nrule 3.1300) OK

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[X] Correct Address (CCP §§ 1013, 1013a)\r\n OK

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[X] 16/21 Court Days Lapsed (CCP §§ 12c,\r\n1005(b)) OK

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OPPOSITION: Filed\r\non September 16, 2021 [ ] Late [ ]\r\nNone

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REPLY: Filed\r\non September 22, 2021 [ ]\r\nLate [ ]\r\nNone

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ANALYSIS:

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I. \r\nBackground

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On September 15, 2020, Plaintiff\r\nIntercommunity Care Centers, Inc. dba Intercommunity Care Center (“Plaintiff”)\r\nfiled an action against the California Department of Public Health (“CDPH”) and\r\nKaren Smith, MD, Director of California Department of Public Health (“Smith”). Plaintiff\r\nfiled an amendment to the Complaint substituting Sandra Shewry, Director of\r\nCalifornia Department of Public Health (“Shewry”) for Doe 1. Through the\r\nComplaint, Plaintiff challenges a Citation No. 91-1758-0015895-S issued on June\r\n10, 2020 for a “Class A” violation of the Code of Federal Regulations and\r\nCalifornia Code of Federal Regulations (the “Class A Violation”). (Compl., ¶\r\n14.)

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Defendants CDPH and Smith filed a\r\ngeneral denial on November 17, 2020 and Defendant Shewry filed her denial on\r\nDecember 9, 2020.

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On August 9, 2021, Plaintiff filed\r\nthe instant Motion to Compel Defendant CDPH to Provide Further Responses to\r\nDemand for Production (the “Motion”). Defendant CDPH filed an opposition on September\r\n16 and Plaintiff filed a reply brief on September 22.

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II. \r\nLegal Standard

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Code of Civil Procedure section 2031.310 provides that “[o]n receipt of a\r\nresponse to demand for inspection . . ., the demanding party may move for an\r\norder compelling further response if the demanding party deems that (1) [a]\r\nstatement of compliance with the demand is incomplete; (2) [a] representation\r\nof inability to comply is inadequate, incomplete, or evasive; [or] (3) [a]n\r\nobjection in the response is without merit or too general.” (Code Civ.\r\nProc., § 2031.310, subd. (a).) If the\r\nmotion is granted, the Court shall impose\r\nmonetary sanctions, “unless it finds that the one subject to the sanction acted\r\nwith substantial justification or that other circumstances make the imposition\r\nof the sanction unjust.” (Id. § 2031.310(h).)

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Notice of the motion must be given\r\nwithin 45 days of service of the verified response, otherwise the propounding\r\nparty waives any right to compel a further response. (Code Civ. Proc., §\r\n2031.310, subd. (c).) The motion must also be accompanied by a meet and confer\r\ndeclaration. (Code Civ Proc., § 2031.310, subd. (b)(2).)

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Finally, California Rules of Court, rule 3.1345 requires that all motions\r\ninvolving further discovery contain a separate statement with the text of each\r\nrequest, the response, and a statement of factual and legal reasons for\r\ncompelling further responses. (Cal. Rules of Court, Rule 3.1345, subd. (a)(3)).\r\n

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III. \r\nDiscussion

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Plaintiff’s\r\nMotion is timely. It seeks a further response to Requests for Production Nos.\r\n1-9 on the basis that the initial responses provided are evasive and incomplete\r\nand that Defendant CDPH failed to provide supplemental responses as promised.\r\n(Mot., pp. 6, 10.)

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Defendant CDPH’s\r\ncounsel states in her declaration that she met and conferred with Plaintiff’s\r\ncounsel and, as a result, Defendant CDPH was in the process of finalizing its\r\nreview of additional materials and finalizing an amended privilege log. (Oppo.,\r\nNorton Decl., ¶ 5.) Thus, it appears that Defendant CDPH is willing to remedy\r\nat least some of the parties’ discovery disputes without the Court’s\r\nintervention.

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Accordingly, this\r\nMotion is CONTINUED to allow Defendant CDPH one final opportunity to serve its\r\namended responses and privilege log on Plaintiff. At least five (5) days before\r\nthe next scheduled hearing, the parties should submit a supplemental\r\ndeclaration informing the Court whether any discovery issues were resolved and submit\r\na copy of any supplemental responses and privilege log for the Court’s review. Plaintiff’s\r\nrequest for sanctions will be addressed at the next hearing.

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IV. \r\nConclusion & Order

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For the\r\nforegoing reasons, Plaintiff Intercommunity Care Centers, Inc.’s Motion to\r\nCompel Defendant CDPH to Provide Further Responses is CONTINUED TO NOVEMBER 1,\r\n2021 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least\r\nfive (5) court days, the parties must file and serve supplemental papers as\r\nrequested herein.

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Moving party is\r\nordered to give notice.

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