Judge: Daniel M. Crowley, Case: 24STCV03443, Date: 2024-12-06 Tentative Ruling

Case Number: 24STCV03443    Hearing Date: December 6, 2024    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Defendants Rosalina R. Payes’, Bryan J. Garcia’s, and Reginaldo D. Garcia’s unopposed motion to compel Plaintiff Dulce Lopez-Rivera, individually and as GAL for Nicole Luna, to provide responses to their Form Interrogatories (Set One) is granted.  Plaintiff Dulce Lopez-Rivera, individually and as GAL for Nicole Luna is ordered to provide verified responses without objections within 20 days.

Defendants Rosalina R. Payes’, Bryan J. Garcia’s, and Reginaldo D. Garcia’s request for monetary sanctions on the motion to compel responses for their Form Interrogatories (Set One) is granted in the reduced amount of $217.50 against Plaintiff Dulce Lopez-Rivera, individually and as GAL for Nicole Luna and her attorney, Margaret M. Kame, Esq. of Mark H. Aprahamian, P.C., jointly and severally.  Sanctions are payable within 20 days.

Defendants Rosalina R. Payes’, Bryan J. Garcia’s, and Reginaldo D. Garcia’s unopposed motion to compel Plaintiff Dulce Lopez-Rivera, individually and as GAL for Nicole Luna, to provide responses to their Request for Production (Set One) is granted.  Plaintiff Dulce Lopez-Rivera, individually and as GAL for Nicole Luna, is ordered to provide verified responses and produce documents without objections within 20 days.

Defendants Rosalina R. Payes’, Bryan J. Garcia’s, and Reginaldo D. Garcia’s request for monetary sanctions on the motion to compel responses for their Request for Production (Set One) is granted in the reduced amount of $217.50 against Plaintiff Dulce Lopez-Rivera, individually and as GAL for Nicole Luna and her attorney, Margaret M. Kame, Esq. of Mark H. Aprahamian, P.C., jointly and severally.  Sanctions are payable within 20 days.

          Defendants Rosalina R. Payes (“Payes”), Bryan J. Garcia (“Bryan”), and Reginaldo D. Garcia (“Reginaldo”) (collectively, “Defendants”) move unopposed to compel Plaintiff Dulce Lopez-Rivera, individually and as GAL for Nicole Luna (“Lopez-Rivera”) (“Plaintiff”) to provide responses to their Form Interrogatories (Set One) (“FROG”).  (Notice of Motion FROG, pg. 2; C.C.P. §§2030.210, et seq.)  Defendants also request an award of sanctions against Plaintiff and her counsel Margaret M. Kame, Esq. of Mark H. Aprahamian, P.C., jointly and severally, in the amount of $1,310.00.  (Notice of Motion FROG, pg. 2; C.C.P. §§2023.030, 2030.290.)

Defendants move unopposed to compel Plaintiff to provide responses to their Request for Production (Set One) (“RFP”).  (Notice of Motion RFP, pg. 2; C.C.P. §§2031.210, et seq.)  Defendants also request an award of sanctions against Plaintiff and her counsel Margaret M. Kame, Esq. of Mark H. Aprahamian, P.C., jointly and severally, in the amount of $1,310.00.  (Notice of Motion RFP, pg. 2; C.C.P. §§2023.030, 2031.300.)

1.     Motion to Compel FROG

Having reviewed Defendants’ unopposed Motion to Compel Responses from Plaintiff to their FROG, the Court rules as follows:

          On May 20, 2024, Defendants served FROG on Plaintiff.  (Decl. of Lajevardi ¶¶4-5, Exh. 1.)  On June 21, 2024, Plaintiff requested a 30-day discovery extension to respond to discovery.  (Decl. of Lajevardi ¶4.)  On June 26, 2024, Defendants received Plaintiff’s discovery responses with a pending verification. (Decl. of Lajevardi ¶4.)  Plaintiff did not provide the signed verifications and still has not provided the verified responses to this day.   (Decl. of Lajevardi ¶5.)  Defendants now moves to compel responses to the FROG.

Defendants’ motion to compel responses is granted pursuant to C.C.P. §2030.290(b).  Plaintiff 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.

Defendants request monetary sanctions totaling $1,310.00 against Plaintiff and her counsel.  Since the instant motion is unopposed, the Court declines to grant sanctions for anticipated fees for reviewing the opposition and preparing a reply.  

          The Court awards sanctions pursuant to C.C.P. §2030.290(c) in the amount of $217.50, calculated as follows:

(1.5 hours to prepare instant motion x $250.00) + $60.00 filing fee = $435.00/2 motions = $217.50

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

Moving Party is to give notice of this ruling.

2.     Motion to Compel RFP

Having reviewed Defendants’ unopposed Motion to Compel Responses from Plaintiff to their RFP, the Court rules as follows:

          On May 20, 2024, Defendants served RFP on Plaintiff.  (Decl. of Lajevardi ¶¶4-5, Exh. 1.)  On June 21, 2024, Plaintiff requested a 30-day discovery extension to respond to discovery.  (Decl. of Lajevardi ¶4.)  On June 26, 2024, Defendants received Plaintiff’s discovery responses with a pending verification. (Decl. of Lajevardi ¶4.)  Plaintiff did not provide the signed verifications and still has not provided the verified responses to this day.   (Decl. of Lajevardi ¶5.)  Defendants now moves to compel responses to the RFP.

Defendants’ motion to compel responses is granted pursuant to C.C.P. §2031.300(b).  Plaintiff is ordered to provide verified responses to Defendants’ 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 $1,310.00 against Plaintiff and her counsel.  Since the instant motion is unopposed, the Court declines to grant sanctions for anticipated fees for reviewing the opposition and preparing a reply.  

          The Court awards sanctions pursuant to C.C.P. §2031.300(c) in the amount of $217.50, calculated as follows:

(1.5 hours to prepare instant motion x $250.00) + $60.00 filing fee = $435.00/2 motions = $217.50

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

Moving Party is to give notice of this ruling.

Dated:  December _____, 2024