Judge: Audra Mori, Case: 22STCV13343, Date: 2023-03-07 Tentative Ruling

Case Number: 22STCV13343    Hearing Date: March 7, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

LUIS RAMIREZ, ET AL.,

                        Plaintiff(s),

            vs.

 

CITY OF LOS ANGELES, ET AL.,

 

                        Defendant(s).

)

)

)

)

)

)

)

)

)

)

)

      CASE NO: 22STCV13343

 

[TENTATIVE] ORDER GRANTING DEFENDANT’S MOTIONS TO COMPEL

 

Dept. 31

1:30 p.m.

March 9, 2023

 

Defendant City of Los Angeles (“Defendant”) propounded form interrogatories, set one, special interrogatories, set one, and request for production of documents (“RPDs”), set one, on Plaintiff Luis Ramirez (“Plaintiff”) on July 14, 2022.  To date, despite an attempt 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 (10) days.  (CCP §§ 2030.290(a), (b), 2031.300(a), (b).)

 

Sanctions are mandatory unless the one subject to sanctions acted with substantial justification or other circumstances make the imposition of sanctions unjust.  (CCP §§ 2030.290(c), 2031.300(c).)  Defendant is awarded one hour for preparing each form motion to compel [two hours total] and one hour to appear at the hearing- but is awarded this time only once- all at the reasonable rate of $200 per hour, for a total of $600 in attorney fees.

 

Defendant seeks sanctions against Plaintiff and Plaintiff’s attorney of record.  Defendant does not describe any conduct warranting sanctions against Plaintiff personally.  The evidence shows that the discovery was served on, and the meet and confer attempt was made with, Plaintiff’s counsel, but Plaintiff’s counsel did not respond.  Sanctions are imposed against Plaintiff’s attorney of record only.  Plaintiff’s counsel is ordered to pay sanctions to Defendant, by and through counsel of record, in the total amount of $600.00, within twenty (20) days.

 

Moving Defendant is ordered to give notice. 

 

PLEASE TAKE NOTICE:

 

Dated this 9th day of March 2023

 

 

 

 

Hon. Audra Mori

Judge of the Superior Court