Judge Christopher K. Lui, Case 21STCV31703 2023-05-17 Tentative Ruling

Pursuant to California Rule of Court 3.1308(a)(1), the Court does not desire oral argument on the motion addressed herein. Counsel must contact the staff in Department 76 to inform the Court whether they wish to submit on the tentative, or to argue the matter. As required by Rule 3.1308(a)(2), any party seeking oral argument must notify ALL OTHER PARTIES and the staff of Department 76 of their intent to appear and argue.

Notice to Department 76 may be sent by email to smcdept76@lacourt.org or telephonically at 213-830-0776.

Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling.

Plaintiff alleges that he was harassed and retaliated against for participating and associating as an adverse witness to his employer in connection with another employee’s sexual harassment case against Defendant employer. Eventually, Plaintiff was terminated.

Plaintiff moves to compel responses to form interrogatories propounded upon Defendants Brentwood Originals, Inc., Reginald Allen and Eduordo Villalon, and responses to request for production of documents propounded upon Defendant Brentwood Originals, and requests the imposition of sanctions.

The motions to compel responses to Form Interrogatories, Set One are GRANTED. Defendants Brentwood Originals, Inc., Reginald Allen and Eduordo Villalon are ordered to provide verified responses without objection within 20 days of this Order.

Plaintiff’s request for sanctions pursuant to CCP §2030.290(c) against Defendants and their attorney of record GRANTED in the reduced amount of $511.65 per Defendant, jointly and severally as between the client and counsel. Sanctions are to be paid to Plaintiff’s counsel within 20 days.

The motion to compel responses to Requests For Production, Set One is GRANTED. Defendant Brentwood Originals Inc. is ordered to provide verified responses without objection within 20 days of this Order.

Plaintiff’s request for sanctions pursuant to CCP §2031.300(c) against Defendant Brentwood Originals is GRANTED in the reduced amount of $511.65. Sanctions are to be paid to Plaintiff’s counsel within 20 days.

Plaintiff Sanitago moves to compel responses to form interrogatories[1], set one from Defendants Brentwood Originals, Inc., Reginald Allen and Eduordo Villalon, and requests sanctions.

When a party to whom interrogatories are directed fails to respond, under CCP § 2030.290(b) a party propounding the interrogatories may move for an order compelling a response. A party who fails to provide a timely response waives any objection, including one based on privilege or work product. (Civ. Proc. Code, § 2030.290(a).) For a motion to compel initial responses, no meet and confer is required. All that needs to be shown is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. (Leach v. Sup. Ct. (1980) 111 Cal.App.3d 902, 905-06.)

Here, as of the date of the filing of the motions, Plaintiff had not received any responses to form interrogatories from Defendants. (See Declarations of Elissa K. Buenrostro, ¶ 7.) Accordingly, Plaintiff is entitled to an order compelling responses.

Plaintiff’s request for sanctions pursuant to CCP §2030.290(c) against Defendants and their attorney of record GRANTED in the reduced amount of $511.65 per Defendant, jointly and severally as between the client and counsel (1 hour at $450/hour plus $61.65 in filing fees—Buenrostro Decl., ¶ 8.) Sanctions are to be paid to Plaintiff’s counsel within 20 days.

Plaintiff moves to compel responses from Defendant Brentwood Originals, Inc., to requests for production of documents, set one, and requests sanctions.

When a party to whom an inspection demand is directed fails to respond, under CCP § 2031.300(b) a party making the demand may move for an order compelling a response to the inspection demand. A party who fails to provide a timely response waives any objection, including one based on privilege or work product. (Civ. Proc. Code, § 2031.300(a).) For a motion to compel initial responses, no meet and confer is required. All that needs to be shown is that a set of requests for production was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. (See, e.g., Leach v. Sup. Ct. (1980) 111 Cal.App.3d 902, 905-06.)

Here, as of the date of the filing of the motion, Plaintiff had not received any responses to requests for production from Defendant. (See Declaration of Elissa K. Buenrostro, ¶ 7.) Accordingly, Plaintiff is entitled to an order compelling responses.

Plaintiff’s request for sanctions pursuant to CCP §2031.300(c) against Defendant Brentwood Originals is GRANTED in the reduced amount of $511.65. (1 hours at $450/hour plus $61.65 in filing fees—Buenrostro, Decl., ¶ 8.) Sanctions are to be paid to Plaintiff’s counsel within 20 days.

[1] The Court notes that Plaintiff combined two sets of interrogatories in one motion as to Defendant Brentwood Original Inc.—form interrogatories – general (set one) and form interrogatories – employment (set one). While the Court would usually require payment of a separate filing fee, the Court will not impose such a requirement this time. However, counsel are warned that this practice of combining multiple motions in one is frowned upon by the Court.