Judge Audra Mori, Case 19STCV38785 2023-02-23 Tentative Ruling

Judge: Audra Mori, Case: 19STCV38785, Date: 2023-02-23 Tentative Ruling

Case Number: 19STCV38785 Hearing Date: February 23, 2023 Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

STEPHANIE DE LA ROSA,

Plaintiff(s),

vs.

HAMZA KROFESS, ET AL.,

Defendant(s).

)

CASE NO: 19STCV38785

[TENTATIVE] ORDER GRANTING DEFENDANT’S MOTIONS TO COMPEL AND TO DEEM ADMISSIONS ADMITTED

Dept. 31

1:30 p.m.

February 23, 2023

Defendant Rasier, LLC (“Defendant”) propounded request for admissions (“RFAs”), set one, and request for production of documents (“RPDs”), set one, on Plaintiff Stephanie De La Rosa (“Plaintiff”) on May 27, 2022. To date, despite an extension of time to respond and attempt to meet and confer, Plaintiff has not served responses. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery, deeming the RFAs admitted, and imposing sanctions.

Defendant’s motion to compel responses to RPDs is unopposed and granted. Plaintiff is ordered to serve verified responses to RPDs, set one, without objections, within fifteen (15) days. (CCP § 2031.300(a), (b).)

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

Sanctions are mandatory unless the one subject to sanctions acted with substantial justification or other circumstances make the imposition of sanctions unjust. (CCP § 2031.300(c), 2033.280(c).) Defendant is awarded one hour for preparing each motion [two hours total] and one hour to appear at the hearing all at the reasonable rate of $200 per hour, for a total of $600 in attorney fees. Defendant is further awarded two motion filing fees of $60, or $120 total, as costs.

Defendant seeks sanctions against Plaintiff and Plaintiff’s attorney of record. Defendant does not describe any conduct warranting sanctions against Plaintiff personally. 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 $660.00, within thirty (30) 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 23^rd day of February 2023

Hon. Audra Mori

Judge of the Superior Court