Judge: Audra Mori, Case: 19STCV32713, Date: 2023-01-10 Tentative Ruling

Case Number: 19STCV32713    Hearing Date: January 10, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Defendant Lou Ann Brine (“Defendant”) propounded special interrogatories, form interrogatories, request for admissions (“RFAs”), and request for production of documents (“RPDs”), all set one, on Plaintiff Andres Rivas (“Plaintiff”) on June 10, 2022.  To date, despite attempts to meet and confer, 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 one, special interrogatories, set one, and RPDs, set one, without objections, within twenty (20) days.  (CCP §§ 2030.290(a), (b), 2031.300(a), (b).) 

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

Sanctions are mandatory.  (CCP §§ 2030.290(c), 2031.300(c), 2033.280(c).)  Defendant is awarded one hour for preparing each motion [four hours total] and one hour to appear at the hearing- but awards this time only once- all at the requested rate of $160 per hour, for a total attorney fees award of $800.  The Court also awards four filing fees of $60 each, or $240 in costs. 

Defendant seeks sanctions against Plaintiff and Plaintiff’s attorney of record.  Defendant does not describe any conduct warranting sanctions against Plaintiff personally.  The evidence shows the discovery requests were served on Plaintiff’s counsel, and Plaintiff’s counsel did not respond to Defendant’s meet and confer attempts or the discovery requests.  Sanctions are imposed against Plaintiff’s attorney of record only.  Plaintiff’s counsel is ordered to pay sanctions to Defendant, by and through counsel of record, in the total amount of $1,040.00, within twenty days. 

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 10^th day of January 2023