Judge: Gary Y. Tanaka, Case: BC717136, Date: 2023-04-13 Tentative Ruling

Case Number: BC717136    Hearing Date: April 13, 2023    Dept: B

LOS ANGELES SUPERIOR COURT – SOUTHWEST DISTRICT

Honorable Gary Y. Tanaka                                                                                        Thursday, April 13, 2023

Department B                                                                                                                          Calendar No. 10

PROCEEDINGS

Kimberle Loudermilk v. John Dwyer Construction, Inc., et al. 

BC717136

1.      Ability First’s Motion for an Order Compelling Defendant/Cross-Defendant Timothy H. Collier dba The Green Plumber to Serve Verified Responses to Ability’s Form Interrogatories, Set No. Two  

2.      Ability First’s Motion for an Order Compelling Defendant/Cross-Defendant Timothy H. Collier dba The Green Plumber to Serve Verified Responses to Ability’s Request for Production of Documents, Set No. Two

3.      Ability First’s Motion for an Order Compelling Defendant/Cross-Defendant Timothy H. Collier dba The Green Plumber to Serve Verified Responses to Ability’s Supplemental Interrogatories, Set No. One

4.      Ability First’s Motion for an Order Compelling Defendant/Cross-Defendant Timothy H. Collier dba The Green Plumber to Serve Verified Responses to Ability’s Supplemental Request for Production of Documents, Set No. One

TENTATIVE RULING

            Ability First’s (“Ability”) Motions to Compel Defendant/Cross-Defendant Timothy H. Collier dba The Green Plumber (“Collier”) to Serve Verified Responses to Form Interrogatories and Request for Production of Documents, Set Two, and Supplemental Interrogatories and Supplemental Request for Production of Documents, Set One, and Requests for Sanctions are granted.

Background

Plaintiff filed the Complaint on August 8, 2018. Plaintiff alleges the following facts. On August 12, 2016, Plaintiff slipped and fell on the premises of Defendants. Several Cross-Complaints have been filed including Ability’s Cross-Complaint.

Motions to Compel

CCP § 2030.290 states: “If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply…The party propounding the interrogatories may move for an order compelling response to the interrogatories.” (CCP § 2030.290(b).) 

CCP § 2031.300 states: “If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it, the following rules shall apply: The party making the demand may move for an order compelling response to the demand.”  (CCP § 2031.300(b)).

On September 9, 2022, Defendant/Cross-Defendant/Cross-Complainant Ability served Form Interrogatories, Set Two, Requests for Production of Documents, Set Two, Supplemental Interrogatories, Set One, and Supplemental Request for Production of Documents, Set One, upon Defendant Collier.  Defendant Collier failed to serve verified responses to the Form Interrogatories, Set Two, Requests for Production of Documents, Set Two, Supplemental Interrogatories, Set One, and Supplemental Requests for Production of Documents, Set One. (Decls., Charles F. Nikolenko, ¶¶ 5-15.)

Therefore, Defendant Ability’s Motions to Compel Responses to Form Interrogatories, Set Two, Requests for Production of Documents, Set Two, Supplemental Interrogatories, Set One, and Supplemental Request for Production of Documents, Set One, are granted.  Defendant Collier is ordered to serve verified responses, without objections, within 10 days of this date.

Sanctions

Defendant Ability’s requests for monetary sanctions are granted. Defendant Collier is ordered to pay sanctions in the amount of $1,299.00 payable within 30 days of this date. The amount was derived by allotting for 6 hours to prepare and appear on the motions at $175/hour, plus 4 filing fees in the sum of $62.25 each.

Defendant Ability is ordered to give notice of this ruling.