Judge: Audra Mori, Case: 21STCV13279, Date: 2022-12-09 Tentative Ruling

Case Number: 21STCV13279    Hearing Date: December 9, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Lourdes Silva (“Plaintiff”) propounded request for production of documents (“RPDs”), set two, on Defendant Tacos El Fogon Grill, Inc. (“Defendant”) on April 14, 2022.  To date, attempts to meet and confer, Defendant has not served responses.  Plaintiff therefore seeks an order compelling Defendant to respond, without objections, to the outstanding discovery and to pay sanctions.

Plaintiff motion is unopposed and granted.  Defendant is ordered to serve verified responses to RPDs, set two, without objections, within ten days.  (CCP § 2031.300(a), (b).)

Sanctions are mandatory unless the once subject to sanctions acted with substantial justification or other circumstances make the imposition of sanctions unjust.  (CCP § 2031.300(c).)  Plaintiff is awarded one hour for preparing the form motion to compel and one hour to appear at the hearing all at the reasonable rate of $200 per hour, for a total of $400 in attorney fees.  Further, Plaintiff is awarded the motion filing fee of $60 as costs. 

Plaintiff seeks sanctions against Defendant and Defendant’s attorney of record.  Plaintiff does not describe any conduct warranting sanctions against Defendant directly.  The evidence shows that the discovery requests were served on, and the meet and confer efforts were made with, Defendant’s counsel, but Defendant’s counsel did not respond.  Sanctions are imposed against Defendant’s attorney of record only.  Defendant’s counsel is ordered to pay sanctions to Plaintiff, by and through counsel of record, in the total amount of $460.00, within twenty (20) days.

Plaintiff is ordered to give notice. 

PLEASE TAKE NOTICE:

·       The Court is not available to hear oral argument on this date.  If the parties do not submit on the tentative and want oral argument, the hearing will have to be continued, and the parties must work with the clerk to find an available date for the continuance.

• 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 9^th day of December 2022