2013-00149992-CU-PO

Lisa L Aguilar Jimenez vs. Kaiser Foundation Heatlh Plan Inc

Nature of Proceeding:   Motion to Compel Discovery and Request for Statement of Damages

Filed By:  Harper, S. Bradford

Defendants’ motion to compel plaintiff’s responses to form interrogatories, special
interrogatories, requests for production of documents and request for statement of
damages is UNOPPOSED and is GRANTED, as follows.

The Court notes that defendants paid only one $60 filing fee in connection with this
motion, although it seeks at least four (4) different orders (i.e., responses to form
interrogatories, responses to special interrogatories, responses to request for
production and a statement of damages).  A separate filing fee is required for each.
(Gov. Code §70617(f).)  No later than 6/30/2014, defendants shall make payment
of an additional $180 to the Court Clerk.

Moving counsel is admonished because the notice of motion does not provide notice
of the Court’s tentative ruling system, as required by Local Rule 1.06, and does not
provide the correct address for Dept. 54.  Moving counsel is directed to contact
opposing counsel and advise him/her of Local Rule 1.06 and the Court’s tentative
ruling procedure and the manner to request a hearing.  If moving counsel is unable
to contact opposing counsel prior to hearing, moving counsel is ordered to
appear at the hearing in person or by telephone.

Moving counsel is admonished because the notice of motion does not comply with               Code of Civil Procedure §1010 and CRC Rule 3.1110(a).

Moving counsel is also admonished for failing to comply with CRC Rule 3.1110(b)(3)-
(4).

Plaintiff Aguilar shall provide verified responses, without objections, to defendants’
form interrogatories, special interrogatories and requests for production of documents,
along with a statement of damages no later than 7/11/2014.

To the extent the motion also seeks to compel the actual production of documents in
response to the requests for production, the motion is premature.  A motion to compel
compliance pursuant to Code of Civil Procedure §2031.320(a) is appropriate only
where a responding party has agreed to produce documents but then fails to permit
inspection consistent with that response.  Here, the motion indicates that the
responding party has not yet agreed to produce any responsive documents and
therefore, cannot yet be compelled to comply with any written responses.

Defendants did not request any monetary sanctions.

This minute order is effective immediately.  No formal order or other notice is required.
(Code Civ. Proc. §1019.5; CRC Rule 3.1312.)