Judge Edward B. Moreton, Jr., Case Number: 20SMCV01401, Date: 2023-09-21 Tentative Ruling

Judge: Edward B. Moreton, Jr., Case: 20SMCV01401, Date: 2023-09-21 Tentative Ruling

Superior Court of California

County of Los Angeles – West District

Beverly Hills Courthouse / Department 205

YIMEI WONG,

Plaintiff,

1605 ARMACOST, INC., et al.,

Defendants.

Case No.: 20SMCV01401

Hearing Date: September 21, 2023

[TENTATIVE] ORDER RE:

PLAINTIFF’S MOTION FOR PAYMENT OF

SANCTIONS

This hearing is on Plaintiff Yimei Wong’s motion to modify the Court’s prior sanctions orders so that the sanctions are paid directly to Plaintiff rather than her former attorneys, LS Carlson Law PC.

The following facts are relevant to this motion: On December 15, 2021, because Defendant 1605 Armacost Inc. failed to respond to discovery requests until a motion to compel was filed, the Court awarded monetary sanctions in the amount of $3,310 plus filing fees of $240. The order was silent as to whether the sanctions should be paid to Plaintiff or Plaintiff’s counsel of record at the time, LS Carlson Law P.C.

On July 27, 2022, the Court ordered Defendant to provide further discovery and awarded monetary sanctions in the amount of $8,691.00 payable by Defendant to Plaintiff’s counsel of record.

On November 15, 2022, Plaintiff filed a substitution of attorney informing Defendant that LS Carlson Law, PC no longer represented her and that she was proceeding in pro per.

To date, Defendant has not paid the sanctions ordered by the Court.

Defendant opposes Plaintiff’s motion arguing it is an untimely discovery motion. Section 2024.020 requires that any discovery motion be heard “on or before the 15th day” before trial. The instant motion is set for hearing on September 21, 2023 which is only eleven days prior to the October 2, 2023 trial date.

The Court, however, may consider an untimely discovery motion. Subdivision (a) of section 2024.050 specifically allows a discovery motion to be heard after the discovery motion cutoff date. It provides that “the court may grant leave … to have a motion concerning discovery heard, closer to the initial trial date, or to reopen discovery after a new trial date has been set.” (Code Civ. Proc. section 2024.050,)

Based on the foregoing, the Court modifies its prior December 15, 2021 and July 27, 2022 orders so that sanctions in the total amount of $12,241 shall be payable directly to Plaintiff rather than her former counsel of record. The Court also sets an order to show cause on Defendants’ continued failure to pay sanctions imposed in 2021 and 2022. The OSC will be set for October 11, 2023 at 9:00 a.m.