Judge: Audra Mori, Case: 21STCV26528, Date: 2022-08-29 Tentative Ruling

Case Number: 21STCV26528    Hearing Date: August 29, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) propounded form interrogatories, and request for admissions (“RFAs”) on Defendant Henry Francisco Orozco Giron (“Defendant”) on January 4, 2022.  To date, despite an attempt to meet and confer, Defendant has not served responses.  Plaintiff therefore seeks an order compelling Defendant to respond, without objections, to the outstanding interrogatories, deeming the RFAs admitted, and imposing sanctions.

Plaintiff’s motion to compel responses to form interrogatories is unopposed and granted.  Defendant is ordered to serve verified responses to form interrogatories, set one, without objections, within twenty (20) days.  (CCP § 2030.290(a), (b).) 

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

Sanctions are mandatory.  (CCP § 2030.290(c), 2033.280(c).)  The Court awards Plaintiff one hour for preparing each form motion [two hours] and one hour to appear at the hearing- but awards this time only once- all at the reasonable rate of $200 per hour, for a total attorney fees award of $600.  Plaintiff is also awarded the requested two filing fees of $40 for each motion, or $80 total, as costs. 

Sanctions are sought and imposed against Defendant, who is in pro per.  Defendant is ordered to pay sanctions to Plaintiff, by and through its attorney of record, in the total amount of $680.00, within twenty (20) days. 

Plaintiff 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 August 2022