Judge: Curtis A. Kin, Case: 22STCV14511, Date: 2023-01-17 Tentative Ruling

Case Number: 22STCV14511    Hearing Date: January 17, 2023    Dept: 72

MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE FROM DANTE KIMBROUGH

Date:         1/17/23 (9:30 AM)                 

Case:        Lashameka Collins et al. v. CS Properties LLC (22STCV14511)

TENTATIVE RULING:

Defendant CS Properties LLC’s UNOPPOSED Motion to Compel Plaintiff Dante Kimbrough, a Minor by and through His Guardian Ad Litem, Lashameka Collins to Respond to First Set of Request for Production of Documents is GRANTED.

On August 11, 2022, defendant CS Properties LLC served Request for Production of Documents, Set One on plaintiff Dante Kimbrough, a minor by and through his guardian ad litem, Lashameka Collins, by email. (Levy Decl. ¶ 3 & Ex. A.) The subject discovery was served on counsel for plaintiff when plaintiff was represented. Pursuant to defendant’s agreement, the deadline to serve responses to the discovery was November 10, 2022. (Levy Decl. ¶ 4 & Ex. B; CCP § 2031.270 [parties may agree to extension of deadline to respond to discovery].) Counsel for plaintiff was subsequently relieved as counsel. (Levy Decl. ¶ 5.) Despite service of the instant motion directly on plaintiff, no opposition has been filed.

No responses to the subject discovery have been served. (Levy Decl. ¶ 6.) Accordingly, all objections are waived. (CCP § 2031.300.)

The motion is GRANTED. Within 15 days of this ruling, plaintiff Dante Kimbrough, a minor by and through his guardian ad litem, Lashameka Collins should be 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 the instant motion, the Court imposes $232 in monetary sanctions against plaintiff Dante Kimbrough, a minor by and through his guardian ad litem, Lashameka Collins. The monetary sanctions are based on 0.3 hours of work preparing the motion (instead of the 2 hours claimed) and 0.5 hours attending the hearing (instead of the one hour claimed), at an hourly rate of $215.00, plus the $60 filing fee. Monetary sanctions shall be paid to counsel for defendant CS Properties LLC within 30 days hereof.