Judge: Audra Mori, Case: 21STCV35045, Date: 2022-09-22 Tentative Ruling

Case Number: 21STCV35045    Hearing Date: September 22, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Defendants Greenoaks Partners, LLC, Del Amo Crossing, the Muller Company, Greenoak Realestate, LP (collectively, “Defendants”) propounded special interrogatories, form interrogatories, request for admissions (“RFAs”), and request for production of documents (“RPDs”), all set one, on Plaintiff Elizabeth Macaller (“Plaintiff”) on December 16, 2021.  As of the date of the filing of the motion, despite an attempt to meet and confer, Plaintiff had not served responses.  Defendants therefore seek an order compelling Plaintiff to respond, without objections, to the outstanding interrogatories and RPDs, deeming the RFAs admitted, and imposing sanctions.

On September 7, 2022, Plaintiff filed an opposition to each motion.  Plaintiff provided that the attorney previously assigned to this matter left Plaintiff’s counsel’s firm on or around July 25, 2022, and that the attorney who was reassigned to this matter was first made aware of these discovery issues upon receipt of Defendants’ motions.  Plaintiff provided that she would serve responses by September 8, 2022.

In reply, Defendants contend that the motions were properly served on Plaintiff’s counsel on March 29, 2022, and Plaintiff does not dispute the discovery was overdue.  Nonetheless, Defendants attest that Plaintiff served responses, without objections, on September 15, 2022. 

Therefore, as Defendants acknowledge, to the extent Defendants move to compel responses and deem the RFAs admitted, the motions are moot in light of the responses served on Defendants prior to the hearing.  (St. Mary v. Superior Court (2014) 223 Cal.App.4th 762, 776.)

The sole remaining issue is whether to impose sanctions.  The Court finds sanctions warranted.  (CCP §§ 2030.290(c), 2031.300(c), 2033.280(c).)  The Court awards Defendants one hour for preparing each form motion [four hours total] and one hour to appear at the hearing- but awards this time only once- all at the requested rate of $175 per hour, for a total attorney fees award of $700.  The Court also awards four filing fees of $60 each, or $240 in costs. 

Defendants seek sanctions against Plaintiff and Plaintiff’s attorney of record.  Defendants do not describe any conduct warranting sanctions against Plaintiff personally.  Sanctions are imposed against Plaintiff’s attorney of record only.  Plaintiff’s counsel is ordered to pay sanctions to Defendants, by and through counsel of record, in the total amount of $940, within twenty days

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 21^st day of September 2022