Judge: Audra Mori, Case: 21STCV25370, Date: 2022-09-29 Tentative Ruling

Case Number: 21STCV25370    Hearing Date: September 29, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Defendant Ruth Ann McCormack as trustee of the Ruth Ann McCormack Family Trust (“Defendant”) propounded form interrogatories, set one, special interrogatories, set one, and request for production of documents (“RPDs”), set one, on Plaintiff Irma Gallegos Hernandez (“Plaintiff”) on January 18, 2022.  To date, despite extensions of time to respond and attempts to meet and confer, 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 form interrogatories, set one, special interrogatories, set one, and RPDs, set one, without objections, within ten days.  (CCP §§ 2030.290(a), (b), 2031.300(a), (b).)

Sanctions are mandatory.  (CCP §§ 2030.290(c), 2031.300(c).)  The Court awards Defendant one hour for preparing each form motion to compel [three hours total] all at the reasonable rate of $200 per hour, for a total of $600 in attorney fees.

Sanctions are sought and imposed against Plaintiff, who is in pro per.  Plaintiff is ordered to pay sanctions to Defendant, by and through counsel of record, in the total amount of $600, within twenty 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 29^th day of September 2022