Pending - Other Pending
Personal Injury - Medical Malpractice
JON R. TAKASUGI
MARINER HEALTHCARE INCORPORATION
THE REHABILITATION CANTER OF SANTA MONICA
9/29/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
3/15/2019: Minute Order
Docketat 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Jury Trial - Not Held - Advanced and Vacated[+] Read More [-] Read Less
Docketat 10:00 AM in Department 3, Jon R. Takasugi, Presiding; Final Status Conference - Not Held - Taken Off Calendar by Court[+] Read More [-] Read Less
DocketMinute Order ( (Final Status Conference)); Filed by Clerk[+] Read More [-] Read Less
DocketORDER ON COURT FEE WAIVER[+] Read More [-] Read Less
DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)[+] Read More [-] Read Less
DocketComplaint; Filed by LEIANDRA WINTER (Plaintiff); MARINER HEALTHCARE INCORPORATION (Plaintiff)[+] Read More [-] Read Less
DocketSUMMONS[+] Read More [-] Read Less
Case Number: ****7771 Hearing Date: August 28, 2020 Dept: 31
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
MARINER HEALTH CARE, INC., ET AL.,
CASE NO: ****7771
[TENTATIVE] ORDER GRANTING DEFENDANT’S UNOPPOSED MOTIONS TO COMPEL
August 28, 2020
Defendant propounded form interrogatories, special interrogatories, and RPDs on Plaintiff on 2/28/20. To date, despite an attempt to meet and confer, Plaintiff has not served responses. Defendant therefore seek an order compelling Plaintiff to respond, without objections, to the outstanding discovery.
Based on current conditions, including, but not limited to, the spread of Covid-19, the court set this matter to be heard on 8/28/20. (Min. Order 5/15/20.) On 7/28/20, Defendant filed a Notice of Hearing Date it served on Plaintiff providing notice of the instant hearing. On 8/21/20, Defendant filed a Notice of Non-Opposition to its motions to compel.
Defendant’s motions are granted. Plaintiff is ordered to serve verified responses to form interrogatories, special interrogatories, and RPDs, without objections, within ten days. CCP ;;2030.290(a),(b), 2031.300(a),(b).
Sanctions are mandatory. ;;2030.290(c), 2031.300(c). Defendants do not, however, seek imposition of sanctions, and therefore none are imposed.
As a final note, the court realizes Defendant’s motion to compel responses to form interrogatories, special interrogatories, and request for production is actually three motions combined into one: (a) motion to compel responses to form interrogatories, set one, (b) motion to compel special interrogatories, set one, and (c) motion to compel demand for production of documents, set one. In the future, moving party is ordered to obtain separate hearing reservations and pay separate filing fees. Combining multiple motions under the guise of one motion with one hearing reservation manipulates the Court Reservation System and unfairly jumps ahead of other litigants. Moreover, combining motions to avoid payment of separate filing fees deprives the Court of filing fees it is otherwise entitled to collect.
Be that as it may, in the absence of any objection by Plaintiff and lack of any showing of prejudice, the court will exercise its discretion to hear all three motions, but the above orders will not become effective until moving party pays an additional $120 in filing fees (2 motions filing fees not paid for x $60 filing fee).
Defendants are ordered to give notice.
Parties who intend to submit on this tentative must send an email to the court at firstname.lastname@example.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If the parties do not submit on the tentative, they should arrange to appear remotely.
Dated this 28th day of August, 2020
Hon. Thomas D. Long
Judge of the Superior Court
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