2015-00181475-CU-BT

Brian Spears vs. Lauren Spears

Nature of Proceeding: Motion to Compel Special Interrogatories

Filed By: Spears, Brian

Oral Argument will take place on September 5, 2018.

The Clerk shall fax a copy of the tentative ruling to the litigation coordinator on or before August 29, 2018. The litigation coordinator shall provide the tentative ruling to plaintiff Brian Spears. Appearance is required on September 5, 2018.

Plain Brian Spears shall be available, by COURTCALL, to participate in oral argument on the continuance date.

Plaintiff Brian Spear’s Motion to Compel Further Responses to Special Interrogatories, Set 1, Nos. 1-5 from defendant Jason Bartlett is denied.

The Clerk shall fax a copy of the tentative ruling to the litigation coordinator on or before August 29, 2018. The litigation coordinator shall provide the tentative ruling to plaintiffs. Appearance is required on August 31, 2018.

Plainitiff Merrick shall be available, by COURTCALL, to participate in oral argument on the continuance date.

Plaintiff served Special Interrogatories on Jason Bartlett on May 7, 2018. Plaintiff received defendant’s responses on June 20, 2018. This motion seeks to compel further responses with regard to defendant’s initial responses and objections that were served on June 20, 2018. However, after meeting and conferring, on July 6, 2018, Defendant served amended responses. This motion was filed on July 19, 2018, after the amended responses were served. A motion is “made” when it is filed and served. (CCP § 1005.5.) Here, the amended responses pre-date the motion.

Defendant opposes the motion, contending that it is moot since it was based on his original responses and that he has served supplemental responses after the meet and confer letter. The Court agrees that the motion is moot, as it is not addressed to the most recent responses. Defendant requested that this motion be dropped because he has now served supplemental responses to the discovery. Plaintiff refused to drop the motion because he stated that he had not received the amended responses.

Saliently, this motion relates only to the original responses to the discovery which have been superceded. Therefore the motion is denied as moot. The ruling is without prejudice to a motion to compel further responses to the Responses served on July 6, 2018.

Sanctions are denied, on the basis that the incarcerated plaintiff contends he has not

yet received the responses, even though they had allegedly been served almost a month earlier. In this regard the Litigation Coordinator is urged to expedite mail to the plaintiff, in a manner designed to ensure timely receipt.

The notice of motion does not provide notice of the Court’s tentative ruling system, as required by Local Rule 1.06(D). Counsel for moving party is directed to contact counsel for opposing party forthwith and advise counsel of Local Rule 1.06 and the Court’s tentative ruling procedure. If counsel for moving party is unable to contact counsel for opposing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B).

The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required, however the clerk shall mail a copy of the minute order to the defendant.