Judge: Daniel M. Crowley, Case: 22STCV23415, Date: 2023-08-30 Tentative Ruling
Department 71: Attorneys who elect to submit on these published tentative rulings, without making an appearance at the hearing, may so notify the Court by communicating this to the Department's staff via the Department's email: SMCdept71@lacourt.org before the set hearing time. See, e.g., CRC Rule 324(b). All parties are otherwise encouraged to appear by LACourtConnect for all matters.
Case Number: 22STCV23415 Hearing Date: August 30, 2023 Dept: 71
Superior Court of California
County of Los Angeles
DEPARTMENT
71
TENTATIVE RULING
|
RYAN THOMAS
CLEARY and LORA PETERSON, vs. GEICO GENERAL
INSURANCE COMPANY. |
Case No.: 22STCV23415 Hearing
Date: August 30, 2023 |
Defendant Geico
General Insurance Company’s unopposed motion to compel Plaintiff Ryan
Cleary to provide responses
to his Form Interrogatories (Set One) is granted. Cleary is to provide responses within 20
days.
Defendant’s
request for monetary sanctions on the motion to compel Form Interrogatories
(Set One) is granted in the amount of $500.00 against Cleary
and his counsel of record.
Sanctions are payable within 20 days.
Defendant Geico General Insurance Company’s unopposed motion
to compel Plaintiff Ryan Cleary to provide responses to his Form
Interrogatories (Set Two) is granted. Cleary
is to provide responses within 20 days.
Defendant’s
request for monetary sanctions on the motion to compel Form Interrogatories
(Set Two) is granted in the amount of $500.00 against
Cleary and his counsel of record. Sanctions are payable within 20 days.
Defendant Geico General Insurance Company’s unopposed motion
to compel Plaintiff Ryan Cleary to provide responses to his Special
Interrogatories (Set One) is granted. Cleary
is to provide responses within 20 days.
Defendant’s
request for monetary sanctions on the motion to compel Special Interrogatories
is granted in the amount of $500.00 against Cleary and his counsel of record. Sanctions are payable within 20 days.
Defendant Geico General Insurance Company’s unopposed motion
to compel Plaintiff Ryan Cleary to provide responses to his Request for Production
of Documents (Set One) is granted. Cleary
is to provide responses within 20 days.
Defendant’s
request for monetary sanctions on the motion to compel Request for Production
of Documents is granted in the amount of $500.00 against Cleary and his counsel
of record. Sanctions are payable within
20 days.
Defendant Geico General Insurance Company’s unopposed motion
to deem admitted Plaintiff Ryan Cleary’s admissions to the Request for
Admissions (Set One) is granted. Cleary’s
admissions are deemed admitted.
Defendant’s
request for monetary sanctions on the motion to deem admitted Plaintiff’s
Request for Admissions is granted in the amount of $500.00 against Cleary and
his counsel of record. Sanctions are
payable within 20 days.
Defendant Geico General Insurance Company’s unopposed motion
to compel Plaintiff Lora Peterson to provide responses to her Form
Interrogatories (Set One) is granted. Peterson
is to provide responses within 20 days.
Defendant’s
request for monetary sanctions on the motion to compel Form Interrogatories
(Set One) is granted in the amount of $500.00 against Peterson
and her counsel of record. Sanctions
are payable within 20 days.
Defendant Geico General Insurance Company’s unopposed motion
to compel Plaintiff Lora Peterson to provide responses to her Form
Interrogatories (Set Two) is granted. Peterson
is to provide responses within 20 days.
Defendant’s
request for monetary sanctions on the motion to compel Form Interrogatories
(Set Two) is granted in the amount of $500.00 against Peterson and her counsel
of record. Sanctions are payable within
20 days.
Defendant Geico General Insurance Company’s unopposed motion
to compel Plaintiff Lora Peterson to provide responses to her Special
Interrogatories (Set One) is granted. Peterson
is to provide responses within 20 days.
Defendant’s
request for monetary sanctions on the motion to compel Special Interrogatories
is granted in the amount of $500.00 against Peterson and her counsel of record. Sanctions are payable within 20 days.
Defendant Geico General Insurance Company’s unopposed motion
to compel Plaintiff Lora Peterson to provide responses to her Request for
Production of Documents (Set One) is granted.
Peterson is to provide responses within 20 days.
Defendant’s
request for monetary sanctions on the motion to compel Request for Production
of Documents is granted in the amount of $500.00 against Peterson and her
counsel of record. Sanctions are payable
within 20 days.
Defendant Geico General Insurance Company’s unopposed motion
to deem admitted Plaintiff Lora Peterson’s admissions to the Request for
Admissions (Set One) is granted. Peterson’s
admissions are deemed admitted.
Defendant’s
request for monetary sanctions on the motion to deem admitted Plaintiff’s
Request for Admissions is granted in the amount of $500.00 against Peterson and
her counsel of record. Sanctions are
payable within 20 days.
Defendant Geico General Insurance
Company (“Geico”) (“Defendant”) moves unopposed for an order compelling Plaintiff
Ryan Cleary (“Cleary”) (“Plaintiff”) to provide responses to its
Form Interrogatories (Set One) (“FROG”).
(Notice of Motion Cleary FROG 1, pg. 2; C.C.P. §2030.290.) Defendant also requests an award of sanctions
against Plaintiff and/or his attorneys in the amount of $1,500. (Notice of Motion Cleary FROG 1, pg. 2; C.C.P.
§2030.290(c).)
Defendant moves unopposed for an order compelling Cleary to
provide responses to its Form Interrogatories (Set Two) (“FROG”). (Notice of Motion Cleary FROG 2, pg. 2; C.C.P.
§2030.290.) Defendant also requests an
award of sanctions against Plaintiff and/or his attorneys in the amount of $1,500. (Notice of Motion Cleary FROG 2, pg. 2; C.C.P.
§2030.290(c).)
Defendant moves unopposed for an order
compelling Cleary to provide responses to its Special Interrogatories (Set One)
(“SROG”). (Notice of Motion Cleary SROG,
pg. 2; C.C.P. §2030.290.) Defendant also
requests an award of sanctions against Plaintiff and/or his
attorneys in the amount of $1,500. (Notice of Motion
Cleary SROG, pg. 2; C.C.P. §2030.290(c).)
Defendant moves unopposed
for an order compelling Cleary to provide responses to its Request for
Production (Set One) (“RFP”). (Notice of
Motion Cleary RFP, pg. 2; C.C.P. §2031.300.)
Defendant also requests an award of sanctions against Plaintiff and/or
his attorneys in the amount of $1,500.
(Notice of Motion Cleary RFP, pg. 2; C.C.P. §2031.300(c).)
Defendant moves unopposed
for an order deeming admitted Cleary’s Request for Admissions (Set One)
(“RFA”). (Notice of Motion Cleary RFA,
pg. 2; C.C.P. §§2033.280(b)-(c).) Defendant also requests an award of sanctions against Plaintiff
and and/or his attorneys in the amount of $1,500. (Notice of Motion Cleary RFA, pg. 2; C.C.P.
§2033.280(c).)
Defendant moves unopposed
for an order compelling Plaintiff Lora Peterson (“Peterson”) (“Plaintiff”) to provide
responses to its Form Interrogatories (Set One) (“FROG”). (Notice of Motion Peterson FROG 1, pg. 2; C.C.P.
§2030.290.) Defendant also requests an
award of sanctions against Plaintiff and/or her attorneys in the amount of
$1,500. (Notice of Motion Peterson FROG
1, pg. 2; C.C.P. §2030.290(c).)
Defendant moves unopposed
for an order compelling Peterson to provide responses to its Form Interrogatories
(Set Two) (“FROG”). (Notice of Motion
Peterson FROG 2, pg. 2; C.C.P. §2030.290.)
Defendant also requests an award of sanctions against Plaintiff and/or
her attorneys in the amount of $1,500.
(Notice of Motion Peterson FROG 2, pg. 2; C.C.P. §2030.290(c).)
Defendant moves unopposed
for an order compelling Peterson to provide responses to its Special
Interrogatories (Set One) (“SROG”).
(Notice of Motion Peterson SROG, pg. 2; C.C.P. §2030.290.) Defendant also requests an award of sanctions
against Plaintiff and/or her attorneys in the amount of $1,500. (Notice of Motion Peterson SROG, pg. 2; C.C.P.
§2030.290(c).)
Defendant moves unopposed
for an order compelling Peterson to provide responses to its Request for
Production (Set One) (“RFP”). (Notice of
Motion Peterson RFP, pg. 2; C.C.P. §2031.300.)
Defendant also requests an award of sanctions against Plaintiff and/or her
attorneys in the amount of $1,500.
(Notice of Motion Peterson RFP, pg. 2; C.C.P. §2031.300(c).)
Defendant moves unopposed
for an order deeming admitted Peterson’s Request for Admissions (Set One)
(“RFA”). (Notice of Motion Peterson RFA,
pg. 2; C.C.P. §§2033.280(b)-(c).)
Defendant also requests an award of sanctions against Plaintiff and
and/or her attorneys in the amount of $1,500.
(Notice of Motion Peterson RFA, pg. 2; C.C.P. §2033.280(c).)
A. Motion to Compel FROG 1- Cleary
Having reviewed Defendant’s unopposed Motion to Compel Responses to FROG
1, the Court rules as follows.
On May 30, 2023,
Defendant served FROG (Set One) on Cleary.
(Decl. of Bennett ¶2, Exh. 1.) Responses
were due no later than July 5, 2023.
Defendant’s counsel declares Cleary has not responded, requested any
extension, or communicated whatsoever regarding Defendant’s FROG (Set One). (Decl. of Bennett ¶2.) Cleary has failed to provide timely
responses. Defendant now moves to compel
responses.
The Court grants the
motion pursuant to C.C.P. § 2030.290(b) and orders Cleary to provide verified
responses to the interrogatory compliant with C.C.P. §§2030.210(a) and 2030.220
without objections within 20 days of this order.
Defendant requests monetary sanctions totaling $1,500.
The Court awards
sanctions pursuant to C.C.P. §2030.290(c) in the amount of $500. The Court calculates Defendant’s request for
fees as follows:
($295 per hour x 5.5 hours) + $60 filing fee = $1,682.50, less a
discount for the duplicative nature of the collection of motions = $500.
The sanctions are payable by Plaintiff and his counsel within 20 days of
this order.
Moving Party is to give notice of this ruling.
B. Motion to Compel FROG 2- Cleary
Having reviewed Defendant’s unopposed Motion to Compel Responses to FROG
2, the Court rules as follows.
On May 30, 2023,
Defendant served FROG (Set Two) on Cleary.
(Decl. of Bennett ¶2, Exh. 1.) Responses
were due no later than July 5, 2023.
Defendant’s counsel declares Cleary has not responded, requested any
extension, or communicated whatsoever regarding Defendant’s FROG (Set Two). (Decl. of Bennett ¶2.) Cleary has failed to provide timely
responses. Defendant now moves to compel
responses.
The Court grants the
motion pursuant to C.C.P. § 2030.290(b) and orders Cleary to provide verified
responses to the interrogatory compliant with C.C.P. §§2030.210(a) and 2030.220
without objections within 20 days of this order.
Defendant requests monetary sanctions totaling $1,500.
The Court awards
sanctions pursuant to C.C.P. §2030.290(c) in the amount of $500. The Court calculates Defendant’s request for
fees as follows:
The sanctions are payable by Plaintiff and his counsel within 20 days of
this order.
Moving Party is to give notice of this ruling.
C. Motion to Compel SROG- Cleary
Having reviewed Defendant’s unopposed Motion to Compel Responses to FROG
2, the Court rules as follows.
On May 30, 2023,
Defendant served SROG (Set One) on Cleary.
(Decl. of Bennett ¶2, Exh. 1.) Responses
were due no later than July 5, 2023.
Defendant’s counsel declares Cleary has not responded, requested any
extension, or communicated whatsoever regarding Defendant’s SROG (Set
One). (Decl. of Bennett ¶2.) Cleary has failed to provide timely
responses. Defendant now moves to compel
responses.
The Court grants the
motion pursuant to C.C.P. § 2030.290(b) and orders Cleary to provide verified
responses to the interrogatory compliant with C.C.P. §§2030.210(a) and 2030.220
without objections within 20 days of this order.
Defendant requests monetary sanctions
totaling $1,500.
The Court awards sanctions pursuant to C.C.P. §2030.290(c) in
the amount of $500. The Court calculates
Defendant’s request for fees as follows:
($295 per hour x 5.5 hours)
+ $60 filing fee = $1,682.50, less a discount for the duplicative nature of the
collection of motions = $500.
The sanctions are payable by
Plaintiff and his counsel within 20 days of this order.
Moving Party is to give
notice of this ruling.
D. Motion to Compel RFP- Cleary
Having reviewed Defendant’s
unopposed Motion to Compel Responses to Requests for Production, the Court
rules as follows.
On May 30, 2023, Defendant served RFP (Set One) on Cleary. (Decl. of Bennett ¶2, Exh. 1.) Responses were due no later than July 5, 2023. Defendant’s counsel declares Cleary has not
responded, requested any extension, or communicated whatsoever regarding
Defendant’s RFP (Set One). (Decl. of
Bennett ¶2.) Cleary has failed to
provide timely responses. Defendant now
moves to compel responses.
The Court grants the motion pursuant to C.C.P. §2031.300 and orders Cleary to provide verified responses pursuant to C.C.P.
§2031.210 and to produce the documents, electronically stored information,
and/or other things requested without objections within 20 days of this order.
Defendant requests monetary sanctions totaling $1,500.
The Court awards
sanctions pursuant to C.C.P. §2030.290(c) in the amount of $500. The Court calculates Defendant’s request for
fees as follows:
($295 per hour x 5.5 hours) + $60 filing fee = $1,682.50, less a
discount for the duplicative nature of the collection of motions = $500.
The sanctions are payable by Plaintiff and his counsel within 20 days of
this order.
Moving Party is to give notice of this ruling.
E.
Motion to Deem RFAs Admitted- Cleary
Having reviewed Defendant’s unopposed Motion to Deem Requests for
Admission Admitted, the Court rules as follows.
On May 30, 2023, Defendant served RFA (Set One) on Cleary. (Decl. of Bennett ¶2, Exh. 1.) Responses were due no later than July 5, 2023. Defendant’s counsel declares Cleary has not
responded, requested any extension, or communicated whatsoever regarding
Defendant’s RFP (Set One). (Decl. of
Bennett ¶2.) Cleary has failed to
provide timely responses. Defendant now
moves the Court to deem the requests for admission admitted.
The Court grants the
motion pursuant to C.C.P. §2033.280 and deems the requests to be admitted.
Defendant requests monetary sanctions totaling $1,500.
The Court awards
sanctions pursuant to C.C.P. §2030.290(c) in the amount of $500. The Court calculates Defendant’s request for
fees as follows:
($295 per hour x 5.5 hours) + $60 filing fee = $1,682.50, less a
discount for the duplicative nature of the collection of motions = $500.
The sanctions are payable by Plaintiff and his counsel within 20 days of
this order.
Moving Party is to give notice of this ruling.
F. Motion to Compel FROG 1- Peterson
Having reviewed Defendant’s unopposed Motion to Compel Responses to FROG
1, the Court rules as follows.
On May 30, 2023,
Defendant served FROG (Set One) on Peterson.
(Decl. of Bennett ¶2, Exh. 1.) Responses
were due no later than July 5, 2023.
Defendant’s counsel declares Peterson has not responded, requested any
extension, or communicated whatsoever regarding Defendant’s FROG (Set
One). (Decl. of Bennett ¶2.) Peterson has failed to provide timely
responses. Defendant now moves to compel
responses.
The Court grants the motion
pursuant to C.C.P. § 2030.290(b) and orders Peterson to provide verified
responses to the interrogatory compliant with C.C.P. §§2030.210(a) and 2030.220
without objections within 20 days of this order.
Defendant requests monetary sanctions totaling $1,500.
The Court awards
sanctions pursuant to C.C.P. §2030.290(c) in the amount of $500. The Court calculates Defendant’s request for
fees as follows:
($295 per hour x 5.5 hours) + $60 filing fee = $1,682.50, less a
discount for the duplicative nature of the collection of motions = $500.
The sanctions are payable by Plaintiff and her counsel within 20 days of
this order.
Moving Party is to give notice of this ruling.
G. Motion to Compel FROG 2- Peterson
Having reviewed Defendant’s unopposed Motion to Compel Responses to FROG
2, the Court rules as follows.
On May 30, 2023,
Defendant served FROG (Set Two) on Peterson.
(Decl. of Bennett ¶2, Exh. 1.) Responses
were due no later than July 5, 2023.
Defendant’s counsel declares Peterson has not responded, requested any
extension, or communicated whatsoever regarding Defendant’s FROG (Set
Two). (Decl. of Bennett ¶2.) Peterson has failed to provide timely
responses. Defendant now moves to compel
responses.
The Court grants the
motion pursuant to C.C.P. § 2030.290(b) and orders Peterson to provide verified
responses to the interrogatory compliant with C.C.P. §§2030.210(a) and 2030.220
without objections within 20 days of this order.
Defendant requests monetary sanctions totaling $1,500.
The Court awards
sanctions pursuant to C.C.P. §2030.290(c) in the amount of $500. The Court calculates Defendant’s request for
fees as follows:
($295 per hour x 5.5 hours) + $60 filing fee = $1,682.50, less a
discount for the duplicative nature of the collection of motions = $500.
The sanctions are payable by Plaintiff and her counsel within 20 days of
this order.
Moving Party is to give notice of this ruling.
H. Motion to Compel SROG- Peterson
Having reviewed Defendant’s unopposed Motion to Compel Responses to FROG
2, the Court rules as follows.
On May 30, 2023,
Defendant served SROG (Set One) on Peterson.
(Decl. of Bennett ¶2, Exh. 1.) Responses
were due no later than July 5, 2023.
Defendant’s counsel declares Peterson has not responded, requested any
extension, or communicated whatsoever regarding Defendant’s SROG (Set
One). (Decl. of Bennett ¶2.) Peterson has failed to provide timely
responses. Defendant now moves to compel
responses.
The Court grants the motion
pursuant to C.C.P. § 2030.290(b) and orders Peterson to provide verified
responses to the interrogatory compliant with C.C.P. §§2030.210(a) and 2030.220
without objections within 20 days of this order.
Defendant requests monetary sanctions totaling $1,500.
The Court awards
sanctions pursuant to C.C.P. §2030.290(c) in the amount of $500. The Court calculates Defendant’s request for
fees as follows:
($295 per hour x 5.5 hours) + $60 filing fee = $1,682.50, less a
discount for the duplicative nature of the collection of motions = $500.
The sanctions are payable by Plaintiff and her counsel within 20 days of
this order.
Moving Party is to give notice of this ruling.
I. Motion to Compel RFP- Peterson
Having reviewed Defendant’s
unopposed Motion to Compel Responses to Requests for Production, the Court
rules as follows.
On May 30, 2023, Defendant served RFP (Set One) on Peterson. (Decl. of Bennett ¶2, Exh. 1.) Responses were due no later than July 5, 2023. Defendant’s counsel declares Peterson has not
responded, requested any extension, or communicated whatsoever regarding
Defendant’s RFP (Set One). (Decl. of
Bennett ¶2.) Peterson has failed to
provide timely responses. Defendant now
moves to compel responses.
The Court grants the motion pursuant to C.C.P. §2031.300 and orders Peterson
to provide verified responses pursuant to C.C.P. §2031.210 and to produce the
documents, electronically stored information, and/or other things requested
without objections within 20 days of this order.
Defendant requests monetary sanctions totaling $1,500.
The Court awards
sanctions pursuant to C.C.P. §2030.290(c) in the amount of $500. The Court calculates Defendant’s request for
fees as follows:
($295 per hour x 5.5 hours) + $60 filing fee = $1,682.50, less a
discount for the duplicative nature of the collection of motions = $500.
The sanctions are payable by Plaintiff and her counsel within 20 days of
this order.
Moving Party is to give notice of this ruling.
J.
Motion to Deem RFAs Admitted- Peterson
Having reviewed Defendant’s unopposed Motion to Deem Requests for
Admission Admitted, the Court rules as follows.
On May 30, 2023, Defendant served RFA (Set One) on Peterson. (Decl. of Bennett ¶2, Exh. 1.) Responses were due no later than July 5, 2023. Defendant’s counsel declares Peterson has not
responded, requested any extension, or communicated whatsoever regarding
Defendant’s RFP (Set One). (Decl. of
Bennett ¶2.) Peterson has failed to
provide timely responses. Defendant now
moves the Court to deem the requests for admission admitted.
The Court grants the
motion pursuant to C.C.P. §2033.280 and deems the requests to be admitted.
Defendant requests monetary sanctions totaling $1,500.
The Court awards
sanctions pursuant to C.C.P. §2030.290(c) in the amount of $500. The Court calculates Defendant’s request for
fees as follows:
($295 per hour x 5.5 hours) + $60 filing fee = $1,682.50, less a
discount for the duplicative nature of the collection of motions = $500.
The sanctions are payable by Plaintiff and her counsel within 20 days of
this order.
Moving Party is to give notice of this ruling.
Conclusion
Defendant’s unopposed motion to compel Cleary to provide
responses to its FROG 1 is granted. Cleary
is to provide responses within 20 days.
Defendant’s unopposed
motion to compel Cleary to provide responses to its FROG 2 is granted. Cleary is to provide responses within 20
days.
Defendant’s unopposed
motion to compel Cleary to provide responses to its SROG is granted. Cleary is to provide responses within 20
days.
Defendant’s unopposed
motion to compel Cleary to provide responses to its RFP is granted. Cleary is to provide responses within 20
days.
Defendant’s unopposed
motion to deem admitted Cleary’s responses to its RFAs is granted. Cleary’s
responses are deemed admitted.
Defendant’s request for
monetary sanctions is granted in the total amount of $2,500.00 against Cleary
and his counsel of record. Sanctions are
payable within 20 days.
Defendant’s unopposed
motion to compel Peterson to provide responses to its FROG 1 is granted. Peterson is to provide responses within 20
days.
Defendant’s unopposed
motion to compel Peterson to provide responses to its FROG 2 is granted. Peterson is to provide responses within 20
days.
Defendant’s unopposed
motion to compel Peterson to provide responses to its SROG is granted. Peterson is to provide responses within 20
days.
Defendant’s unopposed
motion to compel Peterson to provide responses to its RFP is granted. Peterson is to provide responses within 20
days.
Defendant’s unopposed
motion to deem admitted Peterson’s responses to its RFAs is granted. Peterson’s
responses are deemed admitted.
Defendant’s request for
monetary sanctions is granted in the total amount of $2,500.00 against Peterson
and her counsel of record. Sanctions are
payable within 20 days.
Moving Party is to give notice of this ruling.
Dated:
August _____, 2023
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|
Hon. Daniel M. Crowley |
|
Judge of the Superior Court |