Judge: Audra Mori, Case: 19STCV15397, Date: 2022-10-21 Tentative Ruling

Case Number: 19STCV15397    Hearing Date: October 21, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Defendant Andrea Kyung Ah Seo (“Defendant”) propounded special interrogatories, set three, form interrogatories, set three, request for admissions (“RFAs”), set two, on Robert Joiner (“Plaintiff”) on April 6, 2022, and propounded request for production of documents (“RPDs”), set two, on Plaintiff on April 12, 2022.  To date, Plaintiff has not served responses.  Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding interrogatories and RPDs, deeming the RFAs admitted, and imposing sanctions.

Defendant’s motions to compel are unopposed and granted.  Plaintiff is ordered to serve verified responses to form interrogatories, set three, special interrogatories, set three, and RPDs, set two, without objections, within twenty (20) days.  (CCP §§ 2030.290(a), (b), 2031.300(a), (b).) 

Defendant’s motion to deem RFAs, set two, admitted is also granted.  (CCP §2033.280(b).)

Sanctions are mandatory for the motions to compel unless the one subject to sanctions acted with substantial justification or other circumstances make the imposition of sanctions unjust.  Additionally, sanctions are mandatory for the motion to deem admissions admitted against the one whose conduct necessitated the motion.  (CCP §§ 2030.290(c), 2031.300(c), 2033.280(c).)  Defendant requests sanctions of $780 for each motion against Plaintiff.  However, Defendant does not describe any conduct warranting sanctions against Plaintiff directly.  Rather, the evidence shows that the subject discovery requests were served on Plaintiff’s counsel and Plaintiff’s counsel failed to respond after they were served.  No sanctions are sought against Plaintiff’s counsel for necessitating the motions, and thus, no sanctions are awarded. 

Defendant is ordered to give notice. 

PLEASE TAKE NOTICE:

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
• If a party intends to submit on this tentative ruling, the party must send an email to the court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.  
• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.  
• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave. 

Dated this 21^st day of October 2022