Motion to Compel Further Discovery Responses; Request for Monetary Sanctions
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23CV007580: DIBARTOLO vs PETER J. KIM, DDS A PROFESSIONAL CORPORATION, et al. 01/07/2025 Hearing on Motion to Compel Further Discovery Responses to Form Interrogatories - Employment Law, Form Interrogatories - General, Production of Documents and Special Interrogatories in Department 54
Tentative Ruling
Plaintiff Morgan Dibartolos (Plaintiff) motion to compel Defendant Sierra Oaks Dentals further responses to Plaintiffs Form Interrogatories Employment Law; Form Interrogatories General; Request for Production of Documents; Special Interrogatories; and Request for Monetary Sanctions is DROPPED for failure to comply with Local Rule 2.31(E), which 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.
Plaintiffs motion violates Local Rule 2.31(E) because it combines four different types of discovery within the same motion. The Court, in its discretion, drops the motion for the failure to comply.
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; Cal. Rules of Court, rule 3.1312.)
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.
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23CV007580: DIBARTOLO vs PETER J. KIM, DDS A PROFESSIONAL CORPORATION, et al. 01/07/2025 Hearing on Motion to Compel Further Discovery Responses to Form Interrogatories - Employment Law, Form Interrogatories - General, Production of Documents and Special Interrogatories in Department 54
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-cagov.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 Courts 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 forward the form to the Court Reporters Office and an official reporter will be provided.