Judge: Daniel M. Crowley, Case: 23STCV02430, Date: 2024-05-17 Tentative Ruling

Case Number: 23STCV02430    Hearing Date: May 17, 2024    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Plaintiff Casey Ryan Spencer’s unopposed motion to compel Defendant Gemma Rachelle Rodriguez Busoni to provide responses to his Form Interrogatories is granted.  Defendant is ordered to provide verified responses to Plaintiff’s FROGs compliant with C.C.P. §§2030.210(a) and 2030.220 without objections within 20 days.

Plaintiff Casey Ryan Spencer’s request for monetary sanctions on the motion to compel responses for his Form Interrogatories is granted in the reduced amount of $595.00 against Defendant Gemma Rachelle Rodriguez Busoni.  Sanctions are payable within 20 days.

Plaintiff Casey Ryan Spencer’s unopposed motion to compel Defendant Gemma Rachelle Rodriguez Busoni to provide responses to his Request for Production is granted. Defendant is ordered 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 ruling.

Plaintiff Casey Ryan Spencer’s request for monetary sanctions on the motion to compel responses for its Request for Production is granted in the reduced amount of $60.00 against Defendant Gemma Rachelle Rodriguez Busoni.  Sanctions are payable within 20 days.

           Plaintiff Casey Ryan Spencer (“Spencer”) (“Plaintiff”) moves unopposed to compel Defendant Gemma Rachelle Rodriguez Busoni (“Busoni”) (“Defendant”) to provide responses to his Form Interrogatories (“FROG”).  (Notice of Motion FROG, pg. 2; C.C.P. §§2023.010 et seq.)  Plaintiff also requests an award of sanctions against Busoni in the amount of $1,665.00.  (Notice of Motion FROG, pg. 2.)

Plaintiff moves unopposed to compel Busoni to provide responses to his Request for Production.  (Notice of Motion RFP, pg. 2; C.C.P. §§2023.010 et seq.)  Plaintiff also requests an award of sanctions against Busoni in the amount of $2,735.00.  (Notice of Motion RFP, pg. 2.)

1.    Motion to Compel- FROG

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

           On or about February 14, 2024, Plaintiff served FROG on Busoni.  (Decl. of Dreblow ¶7, Exh. E.)  Defendant’s deadline to respond was March 16, 2024.  Plaintiff provided Defendant with two extensions of time to respond, with her final deadline falling on April 16, 2024.  (See Decl. of Dreblow ¶8, Exh. F.)  Despite Defendant confirming receipt of the FROG and Plaintiff providing her with multiple extensions to the deadline to respond to the FROG, Defendant has failed to respond, forcing Plaintiff to bring the instant Motion.  (Decl. of Dreblow ¶8, Exh. F.)  Plaintiff now moves to compel responses. 

           Plaintiff’s motion to compel responses is granted pursuant to C.C.P. §2030.290(b).  Busoni is ordered to provide verified responses to Plaintiff’s FROG compliant with C.C.P. §§2030.210(a) and 2030.220 without objections within 20 days.

Plaintiff requests monetary sanctions totaling $1,665.00 against Busoni.

           The Court awards sanctions pursuant to C.C.P. §2030.290(c) in the amount of $595.00, calculated as follows:

(1 hour to prepare instant motion x $535.00) + $60.00 filing fee = $595.00

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

Moving Party is to give notice of this ruling.

2.    Motion to Compel- RFP

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

           On or about February 14, 2024, Plaintiff served RFP on Busoni.  (Decl. of Dreblow ¶7, Exh. E.)  Defendant’s deadline to respond was March 16, 2024.  Plaintiff provided Defendant with two extensions of time to respond, with her final deadline falling on April 16, 2024.  (See Decl. of Dreblow ¶8, Exh. F.)  Despite Defendant confirming receipt of the RFP and Plaintiff providing her with multiple extensions to the deadline to respond to the RFP, Defendant has failed to respond, forcing Plaintiff to bring the instant Motion.  (Decl. of Dreblow ¶8, Exh. F.)  Plaintiff now moves to compel responses. 

           Plaintiff’s motion to compel RFP is granted pursuant to C.C.P. §2031.300.  Busoni is ordered 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 ruling.

Plaintiff requests monetary sanctions totaling $2,735.00 against Busoni.

           The Court awards sanctions pursuant to C.C.P. §2031.300(c) in the amount of $60.00, in light of the fact that Plaintiff’s motion was unopposed and substantially identical to Plaintiff’s motion to compel FROG.  The Court calculated sanctions as follows:

$60.00 filing fee

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

Moving Party is to give notice of this ruling.

Dated:  May _____, 2024