Judge: Audra Mori, Case: 21STCV32937, Date: 2022-09-22 Tentative Ruling

Case Number: 21STCV32937    Hearing Date: September 22, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Defendants Brian P. Kelly and Victor Eckleberry & BCE, Inc. (collectively, “Defendants”) propounded request for production of documents (“RPDs”), set one, on Plaintiff Deshon Gary (“Plaintiff”) on January 25, 2022.  To date, despite an attempt to meet and confer, Plaintiff has not served responses.  Defendants therefore seek an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions.

Defendants’ motion is unopposed and granted.  Plaintiff is ordered to serve verified responses to RPDs, set one, without objections, within twenty (20) days.  (CCP § 2031.300(a), (b).)

Sanctions are mandatory unless the Court finds the one subject to sanctions acted with substantial justification or other circumstances make the imposition of sanctions unjust.  (CCP § 2031.300(c).)  In this case, Defendants request monetary sanctions against Plaintiff.  However, Defendants do not describe any conduct warranting sanctions against Plaintiff personally.  Rather, the evidence shows that the discovery and meet and confer letter were served on Plaintiff’s counsel, and Plaintiff’s counsel did not provide responses or a reason for why responses were not provided.  No sanctions are requested against Plaintiff’s counsel, so no sanctions are awarded.

Moving Defendants 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 22^nd day of September 2022