Judge Daniel M. Crowley, Case Number: 24STCV0002, Date: 2024-11-15 Tentative Ruling

All parties are urged to meet and confer with all parties concerning this tentative ruling to see if they can reach an agreed-upon resolution of their matter.  If you are able to reach an agreement, please notify the courtroom staff in advance of the hearing if you wish to submit on the tentative ruling rather than argue the motion by notifying the court by e-mailing the court at: SMCDEPT71@lacourt.org. Do not click on the email address, either copy and paste it or type it into your email. Include the word "SUBMITS" in all caps and the Case Number in the Subject line. In the body of the email, please provide the date and time of the hearing, your name, your contact information, the party you represent, and whether that party is a plaintiff, defendant, cross-complainant, cross-defendant, claimant, intervenor, or non-party, etc.

            Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may still appear at the hearing and argue the matter, and the court could change its tentative based upon the argument.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue. If you submit, but still intend to appear, include the words "SUBMITS, BUT WILL APPEAR" in the Subject line.

            If you elect to argue your matter, you are urged to do so remotely, via Court-Connect. If the moving party fails to appear and/or submit to the Court’s tentative ruling, the Court will take the matter off calendar.

            Note that once the Court has issued a tentative, the Court has the inherent authority not to allow the withdrawal of a motion and to adopt the tentative ruling as the order of the court.

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Plaintiff Bel Esprit Builders, Inc.’s unopposed motion to compel Defendant Ben Wilkins to provide responses to its Request for Production (Set One) is granted. Defendant Ben Wilkins is ordered to provide responses and produce documents without objections within 20 days.

Plaintiff Bel Esprit Builders, Inc.’s request for monetary sanctions on the motion to compel responses for its Request for Production (Set One) is granted in the reduced amount of $660.00 against Defendant Ben Wilkins and his attorney. Sanctions are payable within 20 days.

Plaintiff Bel Esprit Builders, Inc.’s request for monetary sanctions on the motion to deem truth of any matters specified in Requests for Admission (Set One) admitted against Defendant Ben Wilkins is granted in the reduced amount of $660.00 against Defendant Ben Wilkins and his attorney, jointly and severally. Sanctions are payable within 20 days.

Plaintiff Bel Esprit Builders, Inc.’s unopposed motion to compel Defendant Karen Wilkins to appear for her deposition is denied.

Plaintiff Bel Esprit Builders, Inc.’s request for monetary sanctions on the motion Defendant Karen Wilkins to appear for her deposition is denied.

Plaintiff moves unopposed to compel Defendant Ben to provide responses to its Request for Production (Set One) (“RFP”). (Notice of Motion RFP Ben, pg. 2; C.C.P. §2031.300.) Plaintiff also requests an award of sanctions against Ben and/or his counsel in the amount of $1,860.00. (Notice of Motion RFP Ben, pg. 2; C.C.P. §§2023.030(a), 2030.290(c).)

Plaintiff moves unopposed to deem the truth of any matters specified in Requests for Admission (Set One) (“RFA 1”) admitted against Defendant Ben. (Notice of Motion RFA Ben, pg. 2; C.C.P. §2033.280.) Plaintiff also requests an award of sanctions against Ben and/or his counsel in the amount of $1,860.00. (Notice of Motion RFA Ben, pg. 2; C.C.P. §§2023.030(a), 2030.290(c).)

Plaintiff moves unopposed to compel Defendant Karen Wilkins (“Karen”) (“Defendant”) to comply with Plaintiff’s deposition notice served on May 9, 2024. (Notice of Motion Depo Karen, pgs. 1-2; C.C.P. §§1987.1, 2020.030, 2025.450.) Plaintiff also requests an award of sanctions against Karen and her counsel in the amount of $4,775.00. (Notice of Motion Depo Karen, pg. 2; C.C.P. §§1987.2, 2020.030, 2025.450.)

On June 12, 2024, Plaintiff served FROG on Ben. (Decl. of Brault ¶3, Exh. 1.) Ben’s responses were due on July 24, 2024, but Ben did not serve responses on Plaintiff. (Decl. of Brault ¶6.) Plaintiff’s counsel wrote to Ben’s counsel on July 23 and 26, 2024, asking for responses; Plaintiff’s counsel did not receive a reply from Ben’s counsel. (Decl. of Brault ¶7, Exhs. 2, 3.) As of the date of this hearing, Plaintiff has not received responses to its FROG from Ben. (Decl. of Brault ¶7.) Plaintiff now moves to compel responses to the FROG.

Plaintiff’s motion to compel responses is granted pursuant to C.C.P. §2030.290(b). Ben 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 $1,860.00 against Ben and/or his counsel. Since the instant motion is unopposed, the Court declines to grant sanctions for anticipated fees for reviewing the opposition and preparing a reply. Further, since the instant motion is substantially similar in content to the motion to deem admitted RFA, the Court declines to grant additional fees for Plaintiff’s counsel’s appearance at the hearing because fees for preparation of the motion should compensate for these costs.

The sanctions are payable by Ben and his attorney, jointly and severally, within 20 days of this order.

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

On June 12, 2024, Plaintiff served RFP on Ben. (Decl. of Brault ¶3, Exh. 1.) Ben’s responses were due on July 24, 2024, but Ben did not serve responses on Plaintiff. (Decl. of Brault ¶5.) Plaintiff’s counsel wrote to Ben’s counsel on July 23 and 26, 2024, asking for responses; Plaintiff’s counsel did not receive a reply from Ben’s counsel. (Decl. of Brault ¶6, Exhs. 2, 3.) As of the date of this hearing, Plaintiff has not received responses to its RFP from Ben. (Decl. of Brault ¶6.) Plaintiff now moves to compel responses to the RFP.

Plaintiff’s motion to compel responses is granted pursuant to C.C.P. §2031.300(b). Ben is ordered to provide verified responses to Plaintiff’s RFP and produce documents compliant with C.C.P. §§2031.300(a) and 2031.210 without objections within 20 days.

Plaintiff requests monetary sanctions totaling $1,860.00 against Ben and/or his counsel. Since the instant motion is unopposed, the Court declines to grant sanctions for anticipated fees for reviewing the opposition and preparing a reply. Further, since the instant motion is substantially similar in content to the motion to deem admitted RFA and motion to compel FROG, the Court declines to grant additional fees for Plaintiff’s counsel’s appearance at the hearing because fees for preparation of the motion should compensate for these costs.

The Court awards sanctions pursuant to C.C.P. §2030.290(c) in the amount of $660.00, calculated as follows:

The sanctions are payable by Ben and his attorney, jointly and severally, within 20 days of this order.

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

On June 12, 2024, Plaintiff served RFA on Ben. (Decl. of Brault ¶3, Exh. 1.) Ben’s responses were due on July 17, 2024, however no responses were served and Ben did not request an extension to respond to the RFA. (Decl. of Brault ¶5.) On July 23 and 26, 2024, Plaintiff’s counsel sent emails to Ben’s counsel asking for responses to the RFA. (Decl. of Brault ¶6, Exhs. 2, 3.) Ben’s counsel did not respond to Plaintiff’s counsel’s emails. (Decl. of Brault ¶6.) As of the date of Plaintiff’s motion, Plaintiff did not receive a response from Ben to the RFA. (Decl. of Brault ¶6.) Plaintiff now moves to deem admitted the RFA.

Plaintiff’s motion to deem the truth of the matters specified in its RFA to Ben and the genuineness of all documents specified therein is granted pursuant to C.C.P. §2033.420(a).

Plaintiff requests monetary sanctions totaling $1,860.00 against Ben and/or his counsel. Since the instant motion is unopposed, the Court declines to grant sanctions for anticipated fees for reviewing the opposition and preparing a reply. Further, since the instant motion is substantially similar in content to the motion to compel FROG, the Court declines to grant additional fees for Plaintiff’s counsel’s appearance at the hearing because fees for preparation of the motion should compensate for these costs.

The Court awards sanctions pursuant to C.C.P. §2033.280(c) in the amount of $660.00, calculated as follows:

The sanctions are payable by Ben and his attorney, jointly and severally, within 20 days of this order.

A motion to compel a deposition must be accompanied by a declaration stating facts showing “a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (C.C.P. §§2016.040, 2025.480(b).)

Plaintiff’s counsel’s declaration indicates he attempted to meet and confer with Karen’s counsel on July 17, 2024. (See Decl. of Brault ¶13.) Plaintiff’s counsel declares he spoke on the phone with Karen’s counsel on July 17, 2024, wherein he asked for available dates for Karen’s deposition and Karen’s counsel did not provide Plaintiff’s counsel with any dates. (Decl. of Brault ¶13.) Plaintiff’s counsel’s declaration substantially complies with the requirements of C.C.P. §2016.040. Accordingly, Plaintiff’s motion is proper.

On May 9, 2024, Plaintiff noticed Karen’s deposition for May 22, 2024. (Decl. of Brault ¶4, Exh. 2.) The notice was served on May 9, 2024. (Decl. of Brault ¶4, Exh. 2.) Plaintiff did not receive oppositions to the deposition notice. (Decl. of Brault ¶8.)

Plaintiff’s counsel did not receive any e-mails, letters, telephone calls or other correspondence from Karen’s counsel from May 8, 2024, until receiving Karen’s Motion to Quash on May 21, 2024. (Decl. of Brault ¶9.) Plaintiff’s counsel did not see the e-mail with the attached motion to quash until the morning of May 22, 2024, the day of the deposition. (Decl. of Brault ¶9.) Plaintiff’s counsel was not able to cancel the Court Reporter for the May 22, 2024, deposition without incurring a charge, and Plaintiff incurred a charge for the court reporter’s non-appearance fee in the amount of $775.00, which has been paid. (Decl. of Brault ¶10, Exh. 6.)

Karen’s Motion to Quash was to be heard on July 16, 2024. (Decl. of Brault ¶11.) In the afternoon of July 15, 2024, this Court posted its tentative ruling denying the motion and ordering sanctions against Karen in the sum of $2,1750.00. (Decl. of Brault ¶11.) Thereafter, Karen’s counsel filed a notice taking the motion off calendar. (Decl. of Brault ¶11.)

Plaintiff filed the instant motion on July 18, 2024. As of the date of this hearing no opposition has been filed.

C.C.P. §2025.280(a) provides, in part, “[t]he service of deposition notice under Section 2025.240 is effective to require any deponent who is a party to the action . . . to attend and to testify, as well as to produce any document or tangible thing for inspection and copying.” (C.C.P. §2025.280(a).)

(a) If, after service of a deposition notice, a party to the action . . . , without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, . . . described in the deposition notice, the party giving the notice may move for an order compelling the deponent’s attendance and testimony, and the production for inspection of any document, . . . described in the deposition notice.

(1) The motion shall set forth specific facts showing good cause justifying the production for inspection of any document . . . described in the deposition notice.

(2) The motion shall be accompanied by a meet and confer declaration under Section 2016.040, or, when the deponent fails to attend the deposition and produce the documents . . . described in the deposition notice, by a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance.

The Court denied Plaintiff’s motion pursuant to C.C.P. §2025.450. Plaintiff has not noticed a deposition, despite attempts to confer with Karen’s counsel regarding a new deposition date. In order to properly move for a motion to compel deposition, Plaintiff must now unilaterally set and notice Karen’s deposition, due to the fact that the originally scheduled deposition was stayed by Karen’s motion to quash deposition and this Court’s ruling on the motion. (C.C.P §2025.410(c).)

In light of the Court’s ruling on the instant motion, the Court declines to award sanctions.

Hon. Daniel M. Crowley

Judge of the Superior Court