Judge: Daniel M. Crowley, Case: 19STCV17414, Date: 2023-01-23 Tentative Ruling

All parties are urged to meet and confer with all parties concerning this tentative ruling to see if they can reach an agreed-upon resolution of their matter.  If you are able to reach an agreement, please notify the courtroom staff in advance of the hearing if you wish to submit on the tentative ruling rather than argue the motion by notifying the court by e-mailing the court at: SSCDEPT28@lacourt.org.  Include the word "SUBMITS" in all caps and the Case Number in the Subject line.  In the body of the email, please provide the date and time of the hearing, your name, your contact information, the party you represent, and whether that party is a plaintiff, defendant, cross-complainant, cross-defendant, claimant, intervenor, or non-party, etc.

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            Note that once the Court has issued a tentative, the Court has the inherent authority not to allow the withdrawal of a motion and to adopt the tentative ruling as the order of the court.   
 
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Case Number: 19STCV17414    Hearing Date: January 23, 2023    Dept: 28

Case Name: Rose Ayala v. Joery Richard Alvarado, et al.
Hearing Date: January 23, 2023
Case No.: 19STCV17414

 

Ruling on Defendants Trinity Worldwide Reprographics, Inc. and Joey Richard Alvarado’s Unopposed Motions to Compel Responses to Form Interrogatories, Special Interrogatories and Request for Production

            Having reviewed Defendants Trinity Worldwide Reprographics, Inc. and Joey Richard Alvarado’s unopposed Motions to Compel Responses to Form Interrogatories, Special Interrogatories, and Request for Production of Documents, the Court rules as follows.

            On June 8, 2022, Defendants Trinity Worldwide Reprographics, Inc. and Joey Richard Alvarado served Form Interrogatories, Set No. One, Special Interrogatories, Set No. One, and Request for Production of Documents, Set No. One, on Plaintiff R.

            Responses were due on July 11, 2022. Plaintiff Rosa Ayala has failed to provide timely responses. Defendants Trinity Worldwide Reprographics, Inc. and Joey Richard Alvarado now moves to compel code-compliant responses.

            The Court grants the motions to compel responses to the form and special interrogatories pursuant to Code of Civ. Proc. § 2030.290(b) and orders Plaintiff Rosa Ayala to provide verified responses to the interrogatories compliant with Code of Civ. Proc. §§ 2030.210 (a) and 2030.220 without objections by February 2, 2023. The Court grants the motion to compel responses to the request for production and production of items pursuant to Code of Civ. Proc. § 2031.300 and orders Plaintiff Rosa Ayala to provide verified responses pursuant to Code of Civ. Proc. § 2031.210 and to produce the documents, electronically stored information, and/or other things requested without objections by February 2, 2023.

 

Defendants Trinity Worldwide Reprographics, Inc. and Joey Richard Alvarado requests monetary sanctions totaling $1,408.50.

The Court awards sanctions pursuant to Code of Civ. Proc. § 2023.030 (a), Code of Civ. Proc. § 2030.290 (c) and Code of Civ. Proc. § 2031.300 (c) in the amount of $706.50, calculated as follows:

Defendant requests $469.50 for each motion, based upon 3.5 hours of attorney’s work at a rate of $117.00 per hour, and 1 $60.00 filling fee. Attorney’s work consists of 1.5 hours drafting the motions, 1 hour drafting any reply to an opposition and 1 hour attending the motion. The Court notes that Plaintiff did not oppose the motions, and all three will be heard concurrently. The Court awards sanctions totaling $706.50 across all motions, based on a collective 4.5 hours of attorney’s work.

The sanctions total $706.50 and are payable by Plaintiff Rosa Ayala and her counsel by February 22, 2023.

Moving Party is to give notice of this ruling.