Judge: Christopher K. Lui, Case: 24STCV15062, Date: 2025-01-07 Tentative Ruling

Case Number: 24STCV15062    Hearing Date: January 7, 2025    Dept: 76




            Plaintiffs allege that Defendant’s vehicle caused an accident which injured Plaintiff.

 

Defendant Los Angeles County Metropolitan Transportation Authority moves to compel responses to requests for production of documents from Plaintiff, plus the imposition of sanctions.

 

TENTATIVE RULING

Defendant Los Angeles County Metropolitan Transportation Authority’s motion to compel responses to requests for production is GRANTED. Verified responses, without objection, are due within 30 days. 

Defendant’s request for sanctions against Plaintiff Bruce Follings and Law Offices of Paul Kingston is GRANTED in the reduced amount of $375.00. Sanctions are to be paid to Defendant’s counsel within 30 days.

ANALYSIS

Motion To Compel Responses To Requests For Production of Documents

Defendant Los Angeles County Metropolitan Transportation Authority moves to compel responses to requests for production of documents from Plaintiff, plus the imposition of sanctions.

When a party to whom an inspection demand is directed fails to respond, under Civ. Proc. Coe, § 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.)

As of the date of this motion, Plaintiff has failed to serve any responses to form interrogatories. (Declaration of Anthony Kohrs, ¶ 3.) As such, Defendant is entitled to an order compelling responses.

The motion to compel responses to requests for production is GRANTED. Verified responses, without objection, are due within 30 days.

Defendant’s request for sanctions against Plaintiff Bruce Follings and Law Offices of Paul Kingston is GRANTED in the reduced amount of $375.00 (1.5 hours at $250/hour—Kohrs Decl., ¶ 4). Sanctions are to be paid to Defendant’s counsel within 30 days.