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:

($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.

 

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

                                                                            


Hon. Daniel M. Crowley

Judge of the Superior Court