Judge: Christopher K. Lui, Case: 24STCV16147, Date: 2025-03-06 Tentative Ruling

Case Number: 24STCV16147    Hearing Date: March 6, 2025    Dept: 76

            Plaintiffs allege that Defendant Uber’s driver negligently caused an accident which injured Plaintiffs.

            Defendant Johnny Poroj moves to compel responses to requests for production of documents propounded upon Plaintiffs Leslie Yadira Cerda-Lopez and Tommie Lee Lofton, and requests sanctions.

TENTATIVE RULING

Defendant Johnny Poroj’s motion to compel responses to requests for production of documents propounded upon Plaintiffs Leslie Yadira Cerda-Lopez and Tommie Lee Lofton is GRANTED. Verified responses, without objection, are due within 20 days.

Defendant’s request for sanctions against Plaintiffs and their counsel of record, Law Offices of David F. Issapour, jointly and severally, is GRANTED in the reduced amount of $517.50.

Sanctions are to be paid to Defendant’s counsel within 20 days.

ANALYSIS

Discussion

Motion To Compel Responses To Requests For Production of Documents

Defendant Johnny Poroj moves to compel responses to requests for production of documents propounded upon Plaintiffs Leslie Yadira Cerda-Lopez and Tommie Lee Lofton, and requests 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 requests for production of documents. (Declaration of Kimia Karami, ¶ 6.) 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 20 days.

Defendant’s request for sanctions against Plaintiffs and their counsel of record, Law Offices of David F. Issapour, jointly and severally, is GRANTED in the reduced amount of $517.50 (1.5 hours at $340/hour—Declaration of Kimia Karami, ¶ 7.) The Court Reservation Receipt does not show that a filing fee was paid, so it will not be part of the sanctions.

Sanctions are to be paid to Defendant’s counsel within 20 days.