Judge: Cherol J. Nellon, Case: 24STCV16209, Date: 2025-05-15 Tentative Ruling

Case Number: 24STCV16209    Hearing Date: May 15, 2025    Dept: 14

#13

Case Background

This is an action for premises liability. Plaintiff alleges he was injured when train doors closed on him as he was exiting a Metrolink train.

On June 28, 2024, Plaintiff Reginald Jones filed his Complaint against the Los Angeles County Metropolitan Transportation Authority (LACMTA).

On January 14, 2025, Defendant filed motions to compel Plaintiff’s responses to Form Interrogatories (FROGs) and Requests for Production (RPDs).

On April 17, 2025, Plaintiff’s counsel filed a motion to be relieved as counsel.

Instant Pleading

Defendant moves to compel Plaintiff’s responses to FROGs and RPDs.

Plaintiff’s counsel moves to be relieved as counsel.

Decision

Defendant’s motions to compel Plaintiff’s responses to FROGs and RPDs are GRANTED. Because the motions were largely identical, unopposed, and simple, the Court awards Defendant $680 in sanctions for two hours of attorney time at a rate of $280 per hour and two filing fees.

Plaintiff Reginald Jones is to pay sanctions to and serve discovery responses on LACMTA within 30 days after receiving notice of this order.

The motion to be relieved as counsel filed by Counsel Peter Hakim is GRANTED, effective upon the filing of the proof of service of the signed order upon the client.

Discussion

1.     Motions to Compel Discovery

Defendant moves to compel Plaintiff’s responses to FROGs and RPDs. Defendant’s counsel testifies that he served requests for written discovery on Plaintiff on October 29, 2024. (Bejjani Decl., ¶2.) After Defendant granted four extensions to file discovery responses, Plaintiff failed to respond to the discovery requests. (Id., ¶¶3-9.) Because Plaintiff failed to respond to the discovery requests, Defendant’s motions to compel Plaintiff’s responses are GRANTED.

Plaintiff’s failure to serve timely responses to discovery constitutes sanctionable discovery abuse under Code Civ. Proc., section 2023.010, subd. (d). Because the motions were largely identical, unopposed, and simple, the Court awards Defendant $680 in sanctions for two hours of attorney time at a rate of $280 per hour and two filing fees.

2.     Motion to be Relieved as Counsel

California Rules of Court Rule 3.1362 requires that counsel fill out forms MC-051, MC-052, and MC-053. These forms serve two basic functions: (1) ensuring that notice is given to the client and (2) providing the court with an adequate explanation of why the matter is being handled via motion rather than mutual consent. See Code of Civil Procedure § 284; California Rules of Court Rule 3.1362.

Here, Counsel completed the required forms. Those forms indicate that Counsel served Plaintiff at his last known address which he could not verify was current. Counsel made reasonable efforts to confirm Plaintiff’s address by mailing the papers to the address, calling Plaintiff’s last known phone number, and employing independent investigative services at least 30 days before the hearing on this matter. Counsel represents that he has not been able to contact Plaintiff.

Counsel complied with the requirements of Rule 3.1362, and relief is appropriate under the circumstances of this case. The motion is GRANTED, effective upon the filing of the proof of service of the signed order upon the client.

Conclusion

Defendant’s motions to compel Plaintiff’s responses to FROGs and RPDs are GRANTED. Because the motions were largely identical, unopposed, and simple, the Court awards Defendant $680 in sanctions for two hours of attorney time at a rate of $280 per hour and two filing fees.

Plaintiff Reginald Jones is to pay sanctions and serve discovery responses within 30 days after receiving notice of this order.

The motion to be relieved as counsel filed by Counsel Peter Hakim is GRANTED, effective upon the filing of the proof of service of the signed order upon the client.