Judge: Audra Mori, Case: 21STCV16798, Date: 2023-02-17 Tentative Ruling

Case Number: 21STCV16798    Hearing Date: February 17, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs Gudelia Barbosa (“Barbosa”) and Carmen Nazarian (“Nazarian”) (collectively, “Plaintiffs”) filed this action against Defendants Roberto Marco Amici (“Roberto”) and Sarah Amici (“Sarah”) for damages arising out of a motor vehicle accident.

Plaintiff Barbosa propounded form interrogatories, set two, on each of Roberto and Sarah on July 8, 2022.  Additionally, Plaintiff Nazarian propounded form interrogatories, set two, on each of Roberto and Sarah on July 8, 2022.  To date, despite an attempt to meet and confer, neither Roberto nor Sarah have served responses to any of the discovery requests.  Plaintiffs therefore each seek an order compelling Roberto and Sarah to respond, without objections, to the outstanding discovery and to pay sanctions.

Plaintiffs’ motions are unopposed and granted.  Roberto is ordered to serve verified responses to each of Barbosa’s and Nazarian’s form interrogatories, set two, within fifteen (15) days.  (CCP §§ 2030.290(a), (b).)  Sarah is ordered to serve verified responses to each of Barbosa’s and Nazarian’s form interrogatories, sets two, without objections, within fifteen (15) days. 

Sanctions are mandatory.  (CCP § 2030.290(c).)  As to Barbosa’s motions to compel responses to form interrogatories, sets two, against Roberto and Sarah, Barbosa seeks sanctions against each of the Defendants and Defendants’ counsel of record.  Barbosa does not describe any conduct warranting sanctions against either Roberto or Sarah directly.  Rather, the evidence shows that Barbosa served the discovery on Defendants’ counsel, but Defendants’ counsel failed to respond to the discovery or the attempt to meet and confer.  Therefore, sanctions are imposed against Defendants’ attorney of record only. 

Barbosa is awarded one hour for preparing each motion [two hours total] and 0.5 hours for appearing at the hearing as it relates to her motions all at the reasonable rate of $200 per hour, for a total attorney fees award of $500.  Further, Barbosa is awarded two motion filing fees of $60, or $120 total, as costs.  Sanctions are imposed against Defendants’ counsel of record; Defendants’ counsel is ordered to pay sanctions to Barbosa, by and through counsel of record, in the total amount of $620.00, within twenty days. 

As to Nazarian’s motion to compel responses to form interrogatories, sets two, against Roberto and Sarah, Nazarian seeks sanctions against each of the Defendants and Defendants’ counsel of record.  Nazarian does not describe any conduct warranting sanctions against either Roberto or Sarah directly.  Rather, as with Barbosa’s motions, the evidence shows that Nazarian served the discovery on Defendants’ counsel, but Defendants’ counsel failed to respond to the discovery or the attempt to meet and confer.  Therefore, sanctions are imposed against Defendants’ attorney of record only.

Nazarian is awarded one hour for preparing each motion [two hours total] and 0.5 hours for appearing at the hearing as it relates to her motions all at the reasonable rate of $200 per hour, for a total attorney fees award of $500.  Further, Nazarian is awarded two motion filing fees of $60, or $120 total, as costs.  Sanctions are imposed against Defendants’ counsel of record; Defendants’ counsel is ordered to pay sanctions to Nazarian, by and through counsel of record, in the total amount of $620.00, within twenty days. 

Plaintiffs are 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 17^th day of February 2022