Judge: Curtis A. Kin, Case: 22STCV14511, Date: 2022-12-29 Tentative Ruling
Case Number: 22STCV14511 Hearing Date: December 29, 2022 Dept: 72
MOTIONS TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES,
SET ONE FROM (1) LABRJON SHIELD, AND (2) DANTE KIMBROUGH
MOTIONS TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION
OF DOCUMENTS, SET ONE FROM (1) LASHAMEKA COLLINS AND (2) LABRJON SHIELD
Date: 12/29/22
(8:30 AM)
Case: Lashameka Collins et al. v.
CS Properties LLC (22STCV14511)
TENTATIVE
RULING:
Defendant CS Properties LLC’s UNOPPOSED Motions to Compel
Plaintiffs (1) Labrjon Shield, a Minor by and through His Guardian Ad Litem,
Lashameka Collins and (2) Dante Kimbrough, a Minor by and through His Guardian Ad
Litem, Lashameka Collins to Respond to First Set of Special Interrogatories are
GRANTED.
Defendant CS Properties LLC’s UNOPPOSED Motions to Compel Plaintiffs
(1) Lashameka Collins and (2) Labrjon Shield, a Minor by and through His Guardian
Ad Litem, Lashameka Collins to Respond to First Set of Request for Production
of Documents are GRANTED.
On August 11, 2022, defendant CS Properties LLC served three
separate sets of Form Interrogatories-General, Set One on plaintiffs (1) Labrjon
Shield, a minor by and through his guardian ad litem, Lashameka Collins and (2)
Dante Kimbrough, a minor by and through his guardian ad litem, Lashameka Collins
by email. (Levy Decls. re: Special Interrogatories ¶¶ 3 & Exs. A.) On the
same date, defendant CS Properties LLC served Request for Production of
Documents, Set One on plaintiff Lashameka Collins and Shield by email. (Levy
Decls. re: Request for Production ¶ 3 & Ex. A.)
The subject discovery was served on counsel for plaintiffs
when plaintiffs were represented. Pursuant to defendant’s agreement, the
deadline to serve responses to the discovery was November 10, 2022. (Levy
Decls. ¶¶ 4 & Exs. B; CCP §§ 2030.270, 2031.270 [parties may agree to
extension of deadline to respond to discovery].) Counsel for plaintiffs was
subsequently relieved as counsel. (Levy Decls. ¶ 5.) Despite service of the
instant motions directly on plaintiffs, no oppositions have been filed.
No responses to the subject discovery have been served.
(Levy Decls. ¶ 6.) Accordingly, all objections are waived. (CCP §§ 2030.290(a),
2031.300.)
The motions are GRANTED. Within 15 days of this ruling,
plaintiffs Labrjon Shield, a minor by and through his guardian ad litem,
Lashameka Collins and Dante Kimbrough, a minor by and through his guardian ad
litem, Lashameka Collins are ordered to serve written verified responses,
without objection, to their respective Special Interrogatories, Set One
propounded by defendant CS Properties LLC. With 15 days of this ruling,
plaintiffs Lashameka Collins and Labrjon Shield, a minor by and through his
guardian ad litem, Lashameka Collins are ordered to serve written verified
responses, without objection, to Request for Production of Documents, Set One,
propounded by defendant CS Properties LLC.
For failing to
comply with discovery obligations thereby forcing defendant to file four
motions, the Court imposes a total of $885.00 in monetary sanctions on each
defendant as follows:
·
$194.38 against plaintiff Lashameka Collins
·
$388.75 against plaintiff Labrjon Shield, a
minor by and through his guardian ad litem, Lashameka Collins
·
$194.38 against plaintiff Dante Kimbrough, a
minor by and through his guardian ad litem, Lashameka Collins
The monetary
sanctions are based on 2 hours of work preparing all four motions, instead of
the 2 hours claimed for each motion, and 0.5 hours attending the hearing for
all four motions, instead of the 1 hour claimed for each motion, all at an
hourly rate of $215, plus a $60 filing fee for each motion. The total sanctions
are allocated equally to each motion.
Monetary sanctions are to be paid to counsel for defendant
CS Properties LLC within 30 days hereof.