2012-00118653-CU-MM

Scott McBane vs. Kaiser Permanente Medical Group

Nature of Proceeding: Motion to Compel 1. Special 2. Form 3. Admissions

Filed By: Weston, Nafija J.

Defendants’ Motion for Order deeming requests for admission admitted as to Requests
for Admission, Set 3, is granted, unless plaintiff serves responses to the requests
before the hearing that are in substantial compliance with CCP 2033.220.

Plaintiff’s opposition does not establish that the responses were, indeed, served. There
is no declaration establishing that the responses were served; the allegedly served
responses and proof of service are not attached as an exhibit to the opposition. The
Reply notes all this, and further attaches Ex. C, an email from defense counsel to
plaintiff’s counsel, date Oct. 29, requesting that Mr. Lorbeer email or fax the
responses. Mr. Harper’s declaration (Reply) notes that his firm has received no
response to the email, and has not received any responses.

If responses are served before the hearing the moving parties shall inform the court
clerk forthwith.

Plaintiff is ordered to pay reasonable sanctions to defendants in the amount of $240
pursuant to CCP 2033.280(c) on the ground the plaintiff failed to serve timely
responses, necessitating this motion.

Defendants’ Motion to Compel Responses to Special Interrogatories Set 2 and Form
Interrogatories Set 3 is granted. Plaintiff is ordered to serve verified responses to the
interrogatories, without objections, on or before November 18, 2013.

The opposition contends that responses to the interrogatories were served, but the
declaration in support of the motion does not support this statement. The Reply states
that no responses were received, and that plaintiff’s counsel has not responded to a
recent request to email any responses that were previously served. The Court is
persuaded based on the lack of evidence supporting the opposition that no responses
were ever served, and therefore no meet and confer was required.

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