Judge: Audra Mori, Case: 19STCV41755, Date: 2023-03-01 Tentative Ruling

Case Number: 19STCV41755    Hearing Date: March 1, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Defendant Pedro Rodriguez Duran (“Defendant”) propounded special interrogatories, set five, and request for production of documents (“RPDs”), set five, on Plaintiff Lorenzo Nava (“Plaintiff”) on June 29, 2022.  To date, Plaintiff has not served responses.  Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions.

Defendant’s motions are unopposed and granted.  Plaintiff is ordered to serve verified responses to special interrogatories, set five, and RPDs, set five, without objections, within ten (10) days.  (CCP §§ 2030.290(a), (b), 2031.300(a), (b).)

Sanctions are mandatory.  (CCP §§ 2030.290(c), 2031.300(c).)  Defendant is awarded one hour for preparing each form motion to compel [two hours total] and one hour to appear at the hearing- but is awarded this time only once- all at the reasonable rate of $175 per hour, for a total of $525 in attorney fees.  Further, Defendant is 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 counsel of record only.  Plaintiff’s counsel is ordered to pay sanctions to Defendant, by and through counsel of record, in the total amount of $645.00, within twenty (20) days.

Moving 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 1^st day of March 2023