Judge: Daniel M. Crowley, Case: 23STCV02278, Date: 2023-11-27 Tentative Ruling

Case Number: 23STCV02278    Hearing Date: February 16, 2024    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Plaintiff 5554 Green Oak LLC’s unopposed motion to compel Defendant Ultimate Host, LLC to provide responses to its Form Interrogatories – General (Set One) is granted.  Defendant is to provide responses within 20 days.

Plaintiff 5554 Green Oak LLC’s request for monetary sanctions on the motion to compel responses for its Form Interrogatories – General (Set One) is granted in the reduced amount of $960.00 against Defendant Ultimate Host, LLC.  Sanctions are payable within 20 days.

Plaintiff 5554 Green Oak LLC’s unopposed motion to compel Defendant Ultimate Host, LLC to provide responses to its Special Interrogatories (Set One) is granted.  Defendant is to provide responses within 20 days.

Plaintiff 5554 Green Oak LLC’s request for monetary sanctions on the motion to compel responses for its Special Interrogatories (Set One) is granted in the reduced amount of $60.00 against Defendant Ultimate Host, LLC.  Sanctions are payable within 20 days.

Plaintiff 5554 Green Oak LLC’s unopposed motion to deem its Request for Admissions (Set One) Admitted is granted.

Plaintiff 5554 Green Oak LLC’s request for monetary sanctions on the motion to compel responses for its Request for Admissions (Set One) is granted in the reduced amount of $960.00 against Defendant Ultimate Host, LLC.  Sanctions are payable within 20 days.

          Plaintiff 5554 Green Oak LLC (“Green Oak”) (“Plaintiff”) moves unopposed to compel Defendant Ultimate Host, LLC (“Ultimate”) (“Defendant”) to provide responses to its Form Interrogatories – General (Set One) (“FROG”).  (Notice of Motion FROG, pg. 2.)  Plaintiff also requests an award of sanctions against Defendant in the amount of $1,350.00.  (Notice of Motion FROG, pgs. 1-2.)

Plaintiff moves unopposed for an order to compel Defendant to provide responses to its Special Interrogatories (Set One) (“SROG”).  (Notice of Motion SROG, pg. 2.)  Plaintiff also requests an award of sanctions against Defendant in the amount of $1,350.00.  (Notice of Motion SROG, pgs. 1-2.)

Plaintiff moves unopposed for an order to deem the genuineness of any documents and truth of the matters specified in Plaintiff’s Request for Admissions (Set One) (“RFA”) admitted.  (Notice of Motion RFA, pg. 2; C.C.P. §2033.280.)  Plaintiff also requests an award of sanctions against Defendant in the amount of $1,350.00.  (Notice of Motion RFA, pgs. 1-2; C.C.P. §§2023.010 et seq., 2033.280(c).)

1.     Motion to Compel FROG

Having reviewed Plaintiff’s unopposed Motion to Compel Responses to FROGs, the Court rules as follows.

          On December 6, 2023, Plaintiff served FROG (Set One) on Defendant.  (Decl. of Moore FROG ¶6, Exh. A.)  Defendant has not served responses to Plaintiff’s FROG.  (Decl. of Moore FROG ¶7.)   Plaintiff now moves to compel responses. 

          The Court grants the motion pursuant to C.C.P. §2030.290(b) and orders Defendant to provide verified responses to the interrogatories compliant with C.C.P. §§2030.210(a) and 2030.220 without objections within 20 days of this order.

Plaintiff requests monetary sanctions totaling $1,350.00.

          The Court awards sanctions pursuant to C.C.P. §2030.290(c) in the amount of $960.00, calculated as follows:

(2 hours to prepare instant motion x $450.00) + $60.00 filing fee = $960.00

The sanctions are payable by Defendant within 20 days of this order.

Moving Party is to give notice of this ruling.

2.     Motion to Compel SROG

Having reviewed Plaintiff’s unopposed Motion to Compel Responses to SROGs, the Court rules as follows.

          On December 6, 2023, Plaintiff served SROG (Set One) on Defendant.  (Decl. of Moore SROG ¶6, Exh. A.)  Defendant has not served responses to Plaintiff’s FROG.  (Decl. of Moore SROG ¶7.)   Plaintiff now moves to compel responses. 

          The Court grants the motion pursuant to C.C.P. §2030.290(b) and orders Defendant to provide verified responses to the interrogatories compliant with C.C.P. §§2030.210(a) and 2030.220 without objections within 20 days of this order.

Plaintiff requests monetary sanctions totaling $1,350.00.

          The Court awards sanctions pursuant to C.C.P. §2030.290(c) in the amount of $60.00, calculated as follows:

$60.00 filing fee

The Court declines to award additional fees on this motion, in light of the fact it is substantively similar to the Motion to Compel FROGs.

The sanctions are payable by Defendant within 20 days of this order.

Moving Party is to give notice of this ruling.

3.     Motion Deem RFA Admitted

Having reviewed Plaintiff’s unopposed Motion to Deem RFA Admitted, the Court rules as follows.

          On December 6, 2023, Plaintiff served RFA (Set One) on Defendant.  (Decl. of Moore RFA ¶6, Exh. A.)  Defendant has not served responses to Plaintiff’s RFA.  (Decl. of Moore RFA ¶6.)   Plaintiff now moves to deem admitted the genuineness of any documents and the truth of any matters specified in the RFA. 

          The Court grants the motion pursuant to C.C.P. §2033.280(b) and deems admitted Defendant’s responses to Plaintiff’s RFA.

Plaintiff requests monetary sanctions totaling $1,350.00.

          The Court awards sanctions pursuant to C.C.P. §2033.280(c) in the amount of $960.00, calculated as follows:

(2 hours to prepare instant motion x $450.00) + $60.00 filing fee = $960.00

The sanctions are payable by Defendant within 20 days of this order.

Moving Party is to give notice of this ruling.

Dated:  February _____, 2024