This case was last updated from Los Angeles County Superior Courts on 04/27/2021 at 10:42:09 (UTC).

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

Case Summary

On 09/16/2020 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:

    *******7818

  • Filing Date:

    09/16/2020

  • 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

ANG-OLSON SARALYN M.

 

Court Documents

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

9/16/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Complaint - Complaint

9/16/2020: Complaint - Complaint

First Amended Standing Order - First Amended Standing Order

9/16/2020: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

9/16/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

9/16/2020: Summons - Summons on 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

11/23/2020: General Denial - General Denial

General Denial - General Denial

12/14/2020: General Denial - General Denial

Case Management Statement - Case Management Statement

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

 

Docket Entries

  • 09/20/2023
  • Hearing09/20/2023 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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  • 03/16/2022
  • Hearing03/16/2022 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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  • 12/14/2020
  • DocketGeneral Denial; Filed by: California Department of Public Health (Defendant); Director of California Department of Public Health (Defendant); Sandra Shewry, Director of California Department of Public Health (Defendant)

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  • 11/24/2020
  • 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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  • 11/23/2020
  • DocketGeneral Denial; Filed by: California Department of Public Health (Defendant); Director of California Department of Public Health (Defendant); Sandra Shewry, 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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  • 09/16/2020
  • DocketComplaint; Filed by: Intercommunity Care Centers, Inc. (Plaintiff); As to: California Department of Public Health (Defendant); Karen Smith, MD (Defendant)

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  • 09/16/2020
  • 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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  • 09/16/2020
  • 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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  • 09/16/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/16/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 09/16/2020
  • DocketNon-Jury Trial scheduled for 03/16/2022 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 09/16/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/20/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 09/16/2020
  • 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: 20STLC07818 Hearing Date: September 29, 2021 Dept: 25

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

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MOVING PARTY: Plaintiff\r\nIntercommunity Care Centers, Inc.

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RESP. PARTY: Defendant California Department of\r\nPublic Health

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

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(CCP § 2031.310)

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TENTATIVE RULING:

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:

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Plaintiff Intercommunity Care Centers,\r\nInc.’s Motion to Compel Defendant CDPH to Provide Further Responses is\r\nCONTINUED TO NOVEMBER 1, 2021 at 10:30 a.m. in Department 25 at the SPRING\r\nSTREET COURTHOUSE. At least five (5) court days, the parties must file and serve\r\nsupplemental papers as requested herein.

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SERVICE: \r\n

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[X]\r\nProof of Service Timely Filed (CRC, rule 3.1300) OK

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

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[X]\r\n16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

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OPPOSITION: Filed on September 16,\r\n2021 [ ] Late [ ]\r\nNone

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REPLY: Filed on September\r\n22, 2021 [ ]\r\nLate [ ]\r\nNone

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ANALYSIS:

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I. \r\nBackground

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On September 16, 2020, Plaintiff Intercommunity Care\r\nCenters, Inc. dba Intercommunity Care Center (“Plaintiff”) filed an action\r\nagainst the California Department of Public Health (“CDPH”) and Karen Smith,\r\nMD, Director of California Department of Public Health (“Smith”). Plaintiff\r\nfiled an amendment to the Complaint on October 26, 2020 substituting Sandra\r\nShewry, Director of California Department of Public Health (“Shewry”) for Doe\r\n1. Through the Complaint, Plaintiff challenges a Citation No. 91-1758-0015898-S\r\non June 11, 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 general denial on\r\nNovember 23, 2020 and Defendant Shewry filed her denial on December 14, 2020.

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On August 9, 2021, Plaintiff filed the instant Motion to\r\nCompel Defendant CDPH to Provide Further Responses to Demand for Production\r\n(the “Motion”). Defendant CDPH filed an opposition on September 16 and\r\nPlaintiff filed a reply brief on September 22.

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II. \r\nLegal\r\nStandard

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Code of Civil Procedure section 2031.310 provides that “[o]n receipt of a response to demand for\r\ninspection . . ., the demanding party may move for an order compelling further\r\nresponse if the demanding party deems that (1) [a] statement of compliance with\r\nthe demand is incomplete; (2) [a] representation of inability to comply is\r\ninadequate, incomplete, or evasive; [or] (3) [a]n objection in the response is\r\nwithout merit or too general.” (Code Civ. Proc., § 2031.310, subd. (a).) If\r\nthe motion is granted, the Court shall\r\nimpose monetary sanctions, “unless it finds that the one subject to the\r\nsanction acted with substantial justification or that other circumstances make\r\nthe imposition of the sanction unjust.” \r\n(Id. § 2031.310(h).)

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Notice of the motion must be given within 45 days of\r\nservice of the verified response, otherwise the propounding party waives any\r\nright to compel a further response. (Code Civ. Proc., § 2031.310, subd. (c).)\r\nThe motion must also be accompanied by a meet and confer declaration. (Code Civ\r\nProc., § 2031.310, subd. (b)(2).)

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Finally, California Rules of\r\nCourt, rule 3.1345 requires that all motions involving further discovery\r\ncontain a separate statement with the text of each request, the response, and a\r\nstatement of factual and legal reasons for compelling further responses. (Cal.\r\nRules of Court, Rule 3.1345, subd. (a)(3)).

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III. \r\nDiscussion\r\n

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Plaintiff seeks a further\r\nresponse to Requests for Production Nos. 1-7 on the basis that the initial\r\nresponses provided are evasive and incomplete and that Defendant CDPH failed to\r\nprovide supplemental responses as promised. (Mot., pp. 6, 10; Sep. Stmt.)

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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., ¶ 4.) 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 production log on Plaintiff. At least five (5) days\r\nbefore the next scheduled hearing, the parties should submit a supplemental\r\ndeclaration informing the Court whether any discovery issues were resolved and\r\nsubmit a copy of any supplemental responses and privilege log for the Court’s\r\nreview. Plaintiff’s request for sanctions will be addressed at the next\r\nhearing.

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IV. \r\nConclusion\r\n& Order

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For the foregoing reasons, 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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Moving party is ordered to give\r\nnotice.

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