Judge: Daniel M. Crowley, Case: 22STCV02376, Date: 2022-10-12 Tentative Ruling

Case Number: 22STCV02376    Hearing Date: October 12, 2022    Dept: 28

Defendant Thrifty Payless, Inc.’s Motion to Compel Plaintiff to Provide Statement of Damages

Having considered the moving papers, the Court rules as follows. 

BACKGROUND

On January 20, 2022, Plaintiff Mary Medrano (“Plaintiff”) filed this action against Defendant Thrifty Payless, Inc. (“Defendant”) for general negligence and premises liability.

On March 8, 2022, Defendant filed an answer.

On September 7, 2022, Defendant filed a Motion to Compel Plaintiff to Provide Statement of Damages to be heard on October 12, 2022.

Trial is currently scheduled for July 20, 2023.

PARTY’S REQUESTS

Defendant requests the Court compel Plaintiff to serve a statement of damages.

LEGAL STANDARD

CCP §425.11(b) provides: “When a complaint is filed in an action to recover damages for personal injury or wrongful death, the defendant may at any time request a statement setting forth the nature and amount of damages being sought. The request shall be served upon the plaintiff, who shall serve a responsive statement as to the damages within 15 days. In the event that a response is not served, the defendant, on notice to the plaintiff, may petition the court in which the action is pending to order the plaintiff to serve a responsive statement.”

DISCUSSION

On May 2, 2022, Defendant served a request for statement of damages, with a response due on May 19, 2022. Plaintiff has yet to serve any statement of damages. The Court grants the motion, compelling Plaintiff to serve a responsive statement.

Defendant requests the Court reimburse Defendant’s cost to bring such a motion, based upon Argame v. Werasophon (1997) 57 Cal.App.4th 616, 619. In a footnote, it is stated that “the court would have been justified in requiring [Plaintiff] (or more appropriately her counsel) to reimburse defendants for costs incurred in making such a motion.” The Court finds a basis to grant sanctions against Plaintiff’s counsel to reimburse Defendant for the cost of bringing the motion.

Defendant requests sanctions totaling $630.00, based upon 3 hours of attorney’s work, at a rate of $190.00 per hour, and one $61.65 filling fee. 1 hour was spent drafting the motion, 1 hour was anticipated to be spent on reviewing the opposition, and one hour attending the hearing on the motion. As Plaintiff did not oppose the motion, the Court grants sanctions totaling $441.65, based upon 2 hours of attorney’s work.

CONCLUSION

Defendant Thrifty Payless, Inc.’s Motion to Compel Plaintiff to Provide Statement of Damages is GRANTED. Plaintiff is ordered to provide Defendant with a statement of damages within 15 days of the hearing on the motion.

Defendant Thrifty Payless, Inc.’s Request for Sanctions is GRANTED. Plaintiff’s counsel is ordered to pay Defendant sanctions totaling $441.65 within 30 days of the hearing on motion.

Moving party is ordered to give notice of this ruling.

Moving Party is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.