ROBERT LOPEZ VS RALPHS SUPERMARKET

Tentative Rulings

Case Number: 19STLC04297    Hearing Date: August 04, 2020    Dept: 26

Lopez v. Ralphs Supermarket, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES, REQUEST FOR PRODUCTION; REQUEST FOR SANCTIONS

(CCP §§ 2030.290; 2031.300)

TENTATIVE RULING:

Defendant Ralphs Grocery Company dba Ralphs’s (1) Motion For Order Compelling Plaintiff To Respond to Form Interrogatories; Request for Sanctions; (2) Motion For Order Compelling Plaintiff To Respond to Special Interrogatories; Request for Sanctions; and (3) Motion For Order Compelling Plaintiff to Respond to Request for Production of Documents; Request For Sanctions are PLACED OFF CALENDAR.

ORDER TO SHOW CAUSE RE STATUS OF CASE SET FOR SEPTEMBER 9, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. PLAINTIFF AND/OR PLAINTIFF’S COUNSEL OF RECORD ARE ORDERED TO APPEAR.

ANALYSIS:

Plaintiff Robert Lopez (“Plaintiff”) filed the instant action for premises liability against Defendant Ralphs Grocery Company dba Ralphs (erroneously sued as Ralphs Supermarket) (“Defendant”) on May 1, 2019. On October 23, 2019, Defendant filed the instant (1) Motion For Order Compelling Plaintiff To Respond to Form Interrogatories; Request for Sanctions; (2) Motion For Order Compelling Plaintiff to Respond to Special Interrogatories; Request for Sanctions; and (3) Motion For Order Compelling Plaintiff to Respond to Request for Production of Documents; Request For Sanctions. To date, no oppositions have been filed.

At the initial hearing on November 21, 2019, the Court noted that an additional filing fee had to be paid and defense counsel represented that Plaintiff’s counsel had passed away. (Minute Order, 11/21/19.) The Court continued the hearing to March 18, 2020 and ordered Defendant to give notice.

To date, no notice of hearing or proof of service has been filed demonstrating that Plaintiff was given notice of the continued hearing date. The Court notes that Defendant did pay the additional filing fee on November 20, 2019. The hearing on the Motions was continued to March 18, 2020, and now ultimately continued to August 4, 2020.

Due to Defendant’s failure to give notice as ordered and defense counsel’s representation regarding the death of Plaintiff’s counsel, the Court places the hearing on the discovery Motions OFF CALENDAR.

ORDER TO SHOW CAUSE RE STATUS OF CASE SET FOR SEPTEMBER 9, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. PLAINTIFF AND/OR PLAINTIFF’S COUNSEL OF RECORD ARE ORDERED TO APPEAR.

Court clerk to give notice.

Case Number: 19STLC04297    Hearing Date: November 20, 2019    Dept: 94

Lopez v. Ralphs Grocery Company et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND DEMAND FOR INSPECTION

(CCP §§ 2030.290; 2031.300)

TENTATIVE RULING:

Before the merits of the Motions are considered, the Court notes that Defendant filed two Motions concerning three different discovery methods. It is improper to combine motions seeking different reliefs. Defendant should have filed one discovery motion for each discovery method. As relevant here, Defendant should have filed three separate motions for the three discovery methods at issue: a separate motion to compel form interrogatories, special interrogatories, and demand for inspection. Because Defendant improperly combined three motions into two motions, it only paid two filing fees instead of three. “[P]ayment of filing fees is both mandatory and jurisdictional.” (Hu v. Silgan Containers Corp. (1999) 70 Cal.App.4th 1261, 1269.) “Unless otherwise provided by law, any document for which a filing fee is required under Government Code sections 68926 or 68927 must be accompanied at the time of filing by the required fee or an application for a waiver of court fees under rule 8.26.” (Cal. Rules of Court, rule 8.25(c).) Accordingly, the Court cannot consider the instant Motions until one additional filing fee is paid.

The moving party is ordered to pay one additional filing fee, and proof of payment must be submitted to the Court Judicial Assistant in Department 94 no later than 10:00 am on the hearing date of November 20, 2019. If the additional filing fee is paid at or before 10:00 am on the hearing date of November 20, 2019, the Court will address the merits of the motions. Otherwise, one of the motion’s requests in the combined motion to compel responses to form interrogatories and special interrogatories will be taken off calendar.