MCELHANEY vs U.S. BANK NATIONAL ASSOCIATION

23CV009343: MCELHANEY vs U.S. BANK NATIONAL ASSOCIATION 01/30/2025 Hearing on Motion to Compel Responses to Requests for Production of Documents in Department 54

Tentative Ruling

Plaintiff in pro per Roddie McElhaney’s (“Plaintiff”) motion to compel defendants Selene Finance (“Selene”) and U.S. Bank National Association (“U.S. Bank”) (collectively, “Defendants”) to serve verified further responses to Plaintiff’s Request for Production of Documents, Set One, is DROPPED.

Plaintiff captions this motion as one for initial responses, but as can be seen from the substance of the motion, in reality it seeks further responses from Defendants.

Plaintiff’s motion seeks further responses from Selene to his Requests for Production of Documents, Set Two, and further responses from a separate defendant, U.S. Bank, to his Requests for Production of Documents, Set One. Because Plaintiff is seeking responses from two different defendants regarding separately propounded discovery requests, two separate and distinct motions were required pursuant to Local Rule 2.31(E). That rule states, “When simultaneously filing multiple discovery-related motions in the same case with the same hearing date, each motion shall be filed as a separate document and a separate filing fee paid for each.

Parties may not combine motions pertaining to different types of discovery within the same document. Failure to comply with any part of this rule regarding discovery motions may, in the discretion of the court, be grounds for the motions being dropped without consideration.” (Local Rule 2.31(E).)

The Court also notes that Plaintiff failed provide a separate statement as expressly required by Rule of Court 3.1345. The failure to include a proper separate statement may be grounds for denial of the motion. (Mills v. U.S. Bank (2008) 166 Cal.App.4th 871, 893.) The separate statement required by Rule 3.1345 must be full and complete so that no person is required to review any other document to ascertain the full request and the full response, and the reasons why further response should be compelled.

Specifically, the separate statement must contain the following information: (1) the verbatim discovery request concerning which further responses are sought; (2) the verbatim response made by the responding party; (3) the reason(s) why further response should be ordered; (4) if necessary to the determination of the motion, the definitions, instructions, and other information required to under the discovery demand and response thereto; (5) if response is dependent upon a response to another demand, then that demand and response thereto must be set forth; (6) if pleadings or other documents are relevant to the motion, the party relying on them must summarize them. (Cal.

R. Ct. 3.1345(c).)

Although the Court need not delve into this issue, the Court must also note that it is not clear that a good faith meet-and-confer effort was made prior to filing the motion. The meet-and-confer process is not intended to be some perfunctory formality, but rather it

23CV009343: MCELHANEY vs U.S. BANK NATIONAL ASSOCIATION 01/30/2025 Hearing on Motion to Compel Responses to Requests for Production of Documents in Department 54

“requires ... a serious effort at negotiation and informal resolution.” (Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1438.)

The minute order is effective immediately. No formal order pursuant to California Rules of Court, Rule 3.1312, or further notice is required.

NOTICE:

Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure:

To request limited oral argument, on any matter on this calendar, you must call the Law and Motion Oral Argument Request Line at (916) 874-2615 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court.

Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure 367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings. The Department 53/54 Zoom Link is https://saccourt-ca-gov.zoomgov.com/my/sscdept53.54 and the Zoom Meeting ID is 161 4650 6749. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.

Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-13.Pdf

A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Court’s Approved Official Reporter Pro Tempore list.

Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will be forward the form to the Court Reporter’s Office and an official reporter will be provided.