On 11/14/2019 NICOLE JACKSON filed a Contract - Other Contract lawsuit against SLOAN'S DRY CLEANERS. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.
*******0512
11/14/2019
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
SERENA R. MURILLO
JACKSON NICOLE
SLOAN'S DRY CLEANERS
GUTIERREZ LONGORIA ARTHUR
8/31/2020: Reply (name extension) - Reply SUPPLEMENTAL RESPONSES TO SPECIAL INTERROG IN REPLY TO MOTION TO COMPEL FURTHER DISCOVERY
8/31/2020: Opposition (name extension) - Opposition DECLARATION OF AGL IN OPPOSITION TO MOTION TO COMPEL FURTHER DISCOVERY
7/20/2020: Declaration (name extension) - Declaration Amended Declaration Motion to Compel
6/8/2020: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information
5/15/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
3/25/2020: Motion to Compel Further Discovery Responses - Motion to Compel Further Discovery Responses
3/30/2020: Declaration (name extension) - Declaration in support of motion
4/2/2020: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)
12/18/2019: Proof of Personal Service - Proof of Personal Service by Sheriff's Department
12/27/2019: Answer - Answer
11/14/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
11/14/2019: Complaint - Complaint
11/14/2019: Summons - Summons on Complaint
11/14/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)
11/14/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
11/14/2019: First Amended Standing Order - First Amended Standing Order
Hearing11/17/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service
Hearing05/13/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
Hearing03/17/2021 at 09:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel Further Discovery Responses
DocketHearing on Motion to Compel Further Discovery Responses scheduled for 03/17/2021 at 09:30 AM in Spring Street Courthouse at Department 26
DocketPursuant to the request of moving party, Hearing on Motion to Compel Further Discovery Responses scheduled for 09/14/2020 at 09:30 AM in Spring Street Courthouse at Department 26 Not Held - Rescheduled by Party was rescheduled to 03/17/2021 09:30 AM
DocketOpposition DECLARATION OF AGL IN OPPOSITION TO MOTION TO COMPEL FURTHER DISCOVERY; Filed by: Sloan's Dry Cleaners (Defendant)
DocketReply SUPPLEMENTAL RESPONSES TO SPECIAL INTERROG IN REPLY TO MOTION TO COMPEL FURTHER DISCOVERY; Filed by: Sloan's Dry Cleaners (Defendant)
DocketDeclaration Amended Declaration Motion to Compel; Filed by: Nicole Jackson (Plaintiff)
DocketAddress for Arthur Gutierrez Longoria (Attorney) updated
DocketNotice of Change of Address or Other Contact Information; Filed by: Arthur Gutierrez Longoria (Attorney)
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/17/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketComplaint; Filed by: Nicole Jackson (Plaintiff); As to: Sloan's Dry Cleaners (Defendant)
DocketNon-Jury Trial scheduled for 05/13/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse
DocketFirst Amended Standing Order; Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketSummons on Complaint; Issued and Filed by: Clerk
DocketCivil Case Cover Sheet; Filed by: Nicole Jackson (Plaintiff)
DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Nicole Jackson (Plaintiff)
DocketRequest to Waive Court Fees; Filed by: Nicole Jackson (Plaintiff)
Case Number: 19STLC10512 Hearing Date: September 14, 2020 Dept: 26
MOTION TO COMPEL FURTHER RESPONSES TO INTERROGATORIES
(CCP § 2030.300)
TENTATIVE RULING:
ANALYSIS:
Notice of the motion to compel further must be given “within 45 days of service of the verified response, or any supplemental verified response, or any specific later date to which the requesting party and the responding party have agreed in writing,” otherwise, the propounding party waives any right to compel a further response. (Code Civ. Proc., § 2030.300, subd. (c).) Here, Defendant’s initial verified responses were served by mail on February 24, 2020. (Motion, Jackson Decl., Exhs. A-B.) The notice of motion and motion to compel further were timely served on March 25, 2020. (Motion, POS.)
The motion must also be accompanied by a meet and confer declaration. (Code Civ. Proc., § 2030.300, subd. (b).) Plaintiff filed two declarations in support of the instant Motion with slightly differing dates regarding communication with defense counsel. (Motion, Jackson Decl., filed 3/30/20; Amended Jackson Decl., filed 7/20/20.) Even taking the amended declaration as credible, despite the lack of explanation for the changed dates, Plaintiff has not shown a good faith attempt to meet and confer regarding the issues raised by this Motion. Plaintiff declares that she called Defendant on March 20, 2020 but did not receive a response, and she sent a meet and confer letter by email and mail on March 23, 2020. (Motion, Amended Jackson Decl., ¶¶4-5 and Exh. C.) The instant Motion was filed on March 25, 2020, giving Defendant only days to respond before it was filed. This fails to show that Plaintiff truly sought an informal resolution of this discovery dispute prior to the filing of the Motion. This is further demonstrated by the demand in the meet and confer letter that further responses must be served in order for the Motion to be withdrawn. (Ibid.) Plaintiff could have waited until an additional two weeks before filing the Motion in order to comply with the 45-day deadline, yet chose to rush to Court without giving defense counsel a reasonable opportunity to respond.
An additional procedural failing of the Motion is that Cal. Rules of Court Rule 3.1345 requires all motions or responses involving further discovery contain a separate statement with the text of each request, the response, and a statement of factual and legal reasons for compelling further responses. (Cal. Rules of Court, Rule 3.1345, subd. (a).) The Motion is not accompanied by a separate statement as mandated by the Rules of Court. Without a separate statement, the Court cannot discern the complete language of the interrogatory at issue or of the purportedly inadequate response.
Finally, the Court notes that Defendant has served supplemental responses to the Special Interrogatory in question on August 29, 2020, which make the instant Motion moot. (Supp. Responses, filed 8/29/20.)
Conclusion
Based on the foregoing, Plaintiff Nicole Jackson’s Motion to Compel Further Responses to First Set of Special Interrogatories is DENIED.