TINUED.

DISCUSSION

Defendant Montebello Care Center, LLC (“Defendant”)’s motion for protective order will be continued to a new date as set forth below.

The Legislature recently passed AB 383, which adds Section 2016.080 to the Code of Civil Procedure, effective January 1, 2018. That section provides, at subdivision (a): “If an informal resolution is not reached by the parties, as described in Section 2016.040, the court may conduct an informal discovery conference upon request by a party or on the court’s own motion for the purpose of discussing discovery matters in dispute between the parties.” Pursuant to that Section and the Court’s power to “amend and control its process and orders so as to make them conform to law and justice” as provided by Code of Civil Procedure section 128(a)(8), the Court orders the parties to participate in an Informal Discovery Conference (“IDC”).

Lead or other designated counsel for the parties with full authority are ordered to participate in an IDC pursuant to the Court’s power under Code of Civil Procedure section 128(a)(8). The Court notes that an IDC on separate discovery issues has already been reserved for April 30, 2018. The Court will discuss the issues raised in the instant motion at the same time, so Defendant will not need to make a separate reservation for an IDC on the instant motion. However, the Court will still require compliance with all other requirements of Code of Civil Procedure section 2016.080. Defendant must also use the Court’s online reservation system to continue this motion to a post-IDC discovery hearing date.

Counsel are ordered to bring with them whatever materials are needed to make this Court-ordered meet-and-confer session productive and successful, e.g., any documents which may be the subject of an assertion of a privacy, privilege or other objection.

Prior to the IDC date, lead or other designated counsel for the parties, with full authority, are requested to meet and confer, face-to-face, to resolve as many of the issues as possible before the IDC. (See CRC Rule 3.670(f)(2).) If the parties resolve their discovery disputes before the IDC date, Defendant is ordered to take both the IDC and this motion off calendar as soon as possible.

Defendant is ordered to provide notice of this ruling.

DATED: April 3, 2018

_____________________________

Hon. Howard L. Halm

Judge of the Superior Court