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.
Please be
advised that if you submit on the tentative and elect not to appear at the
hearing, the opposing party may still appear at the hearing and argue the
matter, and the court could change its tentative based upon the
argument. Unless you receive a submission from all other parties in
the matter, you should assume that others might appear at the hearing to argue.
If you submit, but still intend to appear, include the words "SUBMITS, BUT
WILL APPEAR" in the Subject line. If you elect to
argue your matter, you are urged to do so remotely, via Court-Connect.
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.
If you submitted a courtesy copy of
your papers containing media (such as a DVD or thumb drive), unless you request
the return of the media in your papers, the court will destroy it following the
hearing of your matter.
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.