2017-00220834-CU-PO

William A. Bergen vs. Shannon Read

Nature of Proceeding: Motion to Compel Production of Documents (Lorna A. Bergen)

Filed By: Tsuyuki, Steven T.

Defendants’ motion to compel plaintiff Lorna Bergen’s responses to requests for production is effectively UNOPPOSED and is GRANTED.

Although the notice of motion provided notice of the court’s tentative ruling system as required by Local Rule 1.06(D), the notice does not comply with that rule. Moving counsel is directed to review the Local Rules, effective 1/1/2018.

The notice of motion does not provide the correct address for Dept. 53/54.

Moving counsel failed to comply with CRC Rule 2.111(3).

Plaintiffs’ “partial opposition” was not timely filed and therefore was not considered.

Plaintiffs failed to comply with CRC Rule 3.1110(b)(3)-(4).

As this is a motion to compel discovery responses (as opposed to further responses), defendants were not required by statute to meet-and-confer prior to filing the present motion.

Plaintiff Lorna Bergen shall provide verified responses, without objections, to defendants’ requests for production no later than 2/4/2019 (unless defendants agree to a later date memorialized in writing).

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, she cannot yet be compelled to comply with any written responses.

Defendants’ request for monetary sanctions is denied since the motion to compel is not opposed.

Moving counsel is advised that where discovery responses (as opposed to further responses) are sought, the discovery requests need not be included with the moving papers. Proof of the discovery’s service is all that is required.

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

Item 11 2017-00220834-CU-PO

William A. Bergen vs. Shannon Read

Nature of Proceeding: Motion to Compel Special Interrogatories (Lorna A. Bergen)

Filed By: Tsuyuki, Steven T.

Defendants’ motion to compel plaintiff Lorna Bergen’s responses to special interrogatories is effectively UNOPPOSED and is GRANTED.

Although the notice of motion provided notice of the court’s tentative ruling system as required by Local Rule 1.06(D), the notice does not comply with that rule. Moving counsel is directed to review the Local Rules, effective 1/1/2018.

The notice of motion does not provide the correct address for Dept. 53/54.

Moving counsel failed to comply with CRC Rule 2.111(3).

Plaintiffs’ “partial opposition” was not timely filed and therefore was not considered.

Plaintiffs failed to comply with CRC Rule 3.1110(b)(3)-(4).

As this is a motion to compel discovery responses (as opposed to further responses), defendants were not required by statute to meet-and-confer prior to filing the present motion.

Plaintiff Lorna Bergen shall provide verified responses, without objections, to defendants’ special interrogatories no later than 2/4/2019 (unless defendants agree to a later date memorialized in writing).

Defendants’ request for monetary sanctions is denied since the motion to compel is not opposed.

Moving counsel is advised that where discovery responses (as opposed to further responses) are sought, the discovery requests need not be included with the moving papers. Proof of the discovery’s service is all that is required.

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

Item 12 2017-00220834-CU-PO

William A. Bergen vs. Shannon Read

Nature of Proceeding: Motion to Compel Form Interrogatories (Lorna A. Bergen)

Filed By: Tsuyuki, Steven T.

Defendants’ motion to compel plaintiff Lorna Bergen’s responses to form interrogatories is effectively UNOPPOSED and is GRANTED.

Although the notice of motion provided notice of the court’s tentative ruling system as required by Local Rule 1.06(D), the notice does not comply with that rule. Moving counsel is directed to review the Local Rules, effective 1/1/2018.

The notice of motion does not provide the correct address for Dept. 53/54.

Moving counsel failed to comply with CRC Rule 2.111(3).

Plaintiffs’ “partial opposition” was not timely filed and therefore was not considered.

Plaintiffs failed to comply with CRC Rule 3.1110(b)(3)-(4).

As this is a motion to compel discovery responses (as opposed to further responses), defendants were not required by statute to meet-and-confer prior to filing the present motion.

Plaintiff Lorna Bergen shall provide verified responses, without objections, to defendants’ form interrogatories no later than 2/4/2019 (unless defendants agree to a later date memorialized in writing).

Defendants’ request for monetary sanctions is denied since the motion to compel is not opposed.

Moving counsel is advised that where discovery responses (as opposed to further responses) are sought, the discovery requests need not be included with the moving papers. Proof of the discovery’s service is all that is required.

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

Item 13 2017-00220834-CU-PO

William A. Bergen vs. Shannon Read

Nature of Proceeding: Motion to Compel Special Interrogatories (William A. Bergen)

Filed By: Tsuyuki, Steven T.

Defendants’ motion to compel plaintiff William Bergen’s responses to special interrogatories is effectively UNOPPOSED and is GRANTED.

Although the notice of motion provided notice of the court’s tentative ruling system as required by Local Rule 1.06(D), the notice does not comply with that rule. Moving counsel is directed to review the Local Rules, effective 1/1/2018.

The notice of motion does not provide the correct address for Dept. 53/54.

Moving counsel failed to comply with CRC Rule 2.111(3).

Plaintiffs’ “partial opposition” was not timely filed and therefore was not considered.

Plaintiffs failed to comply with CRC Rule 3.1110(b)(3)-(4).

As this is a motion to compel discovery responses (as opposed to further responses), defendants were not required by statute to meet-and-confer prior to filing the present motion.

Plaintiff William Bergen shall provide verified responses, without objections, to defendants’ special interrogatories no later than 2/4/2019 (unless defendants agree to a later date memorialized in writing).

Defendants’ request for monetary sanctions is denied since the motion to compel is not opposed.

Moving counsel is advised that where discovery responses (as opposed to further responses) are sought, the discovery requests need not be included with the moving papers. Proof of the discovery’s service is all that is required.

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

Item 14 2017-00220834-CU-PO

William A. Bergen vs. Shannon Read

Nature of Proceeding: Motion to Compel Production of Documents (William A. Bergen)

Filed By: Tsuyuki, Steven T.

Defendants’ motion to compel plaintiff William Bergen’s responses to requests for production is effectively UNOPPOSED and is GRANTED.

Although the notice of motion provided notice of the court’s tentative ruling system as required by Local Rule 1.06(D), the notice does not comply with that rule. Moving counsel is directed to review the Local Rules, effective 1/1/2018.

The notice of motion does not provide the correct address for Dept. 53/54.

Moving counsel failed to comply with CRC Rule 2.111(3).

Plaintiffs’ “partial opposition” was not timely filed and therefore was not considered.

Plaintiffs failed to comply with CRC Rule 3.1110(b)(3)-(4).

As this is a motion to compel discovery responses (as opposed to further responses), defendants were not required by statute to meet-and-confer prior to filing the present motion.

Plaintiff William Bergen shall provide verified responses, without objections, to defendants’ requests for production no later than 2/4/2019 (unless defendants agree to

a later date memorialized in writing).

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, he cannot yet be compelled to comply with any written responses.

Defendants’ request for monetary sanctions is denied since the motion to compel is not opposed.

Moving counsel is advised that where discovery responses (as opposed to further responses) are sought, the discovery requests need not be included with the moving papers. Proof of the discovery’s service is all that is required.

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