Judge Holly J. Fujie, Case Number: 24STCV05006, Date: 2024-11-13 Tentative Ruling

DEPARTMENT 56 JUDGE HOLLY J. FUJIE, LAW AND MOTION RULINGS. The court makes every effort to post tentative rulings by 5.00 pm of the court day before the hearing. The tentative ruling will not become the final ruling until the hearing [see CRC 3.1308(a)(2)], and are also available in the courtroom on the day of the hearing [see CRC 3.1308(b)]. If the parties wish to submit on the tentative ruling and avoid a court appearance, all counsel must agree and choose which counsel will give notice. That counsel must 1) call Dept 56 by 8:30 a.m. on the day of the hearing (213/633-0656) and state that all parties will submit on the tentative ruling, and 2) serve notice of the ruling on all parties. If any party declines to submit on the tentative ruling, then no telephone call is necessary and all parties should appear at the hearing in person or by Court Call. Court reporters are not provided, and parties who want a record of motions and other proceedings must hire a privately retained certified court reporter.

The Court has considered the moving papers. No opposition has been filed. Any opposition was required to have been filed and served at least nine court days prior to the hearing. (Code Civ. Proc., § 1005, subd. (b).)

This action arises from a multi-dwelling fire which allegedly occurred on March 14, 2023. On February 27, 2024, Plaintiff filed his Complaint for Personal Injuries.

On August 14, 2024 , Defendant filed the following discovery motions: (1) Motion for Order Compelling Plaintiff, Mario Guerra to Respond to Demand for Production, Set No. One (“RFPs Motion”); (2) Motion for Order Compelling Plaintiff, Mario Guerra to Answer Special Interrogatories, Set No. One (“SIs Motion”); and (3) Motion for Order Compelling Plaintiff, Mario Guerra to Answer Form Interrogatories, Set No. One (“FIs Motion”) (collectively, “Discovery Motions”).

A party to whom interrogatories or demands for production have been propounded shall respond in writing under oath separately to each interrogatory or demand by providing an answer or a statement of compliance, or by providing an objection. (Code Civ. Proc., §§ 2030.210, 2031.210.) Responses should be served within 30 days of service. (Code Civ. Proc., §§ 2030.260, 2031.260.) A motion to compel responses may be brought where a responding party fails to timely respond to written discovery, and the party who failed to serve timely responses waives any objections. (Code Civ. Proc., §§ 2030.290, 2031.300.)¿¿

Unsuccessfully making or opposing a motion to compel responses to interrogatories or requests for production of documents can subject a party to sanctions unless that party acted with substantial justification¿or that other circumstances make the imposition of the sanctions¿unjust. (Code Civ. Proc., §§ 2030.290,¿subd. (c), 2031.300,¿subd. (c).)¿¿¿

Cal. Rules of Court, rule 3.1348, subd. (a) provides that “[t]he court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after the motion was filed.”

Here, on June 3, 2024, Defendant served Plaintiff with Requests for Production of Documents, Set One (“RFPs”), Form Interrogatories, Set One (“FIs”) and Special Interrogatories, Set One (“SIs”). (Declarations of Leon A. Victor in support of the RFPs Motion, FIs Motion and SIs Motion.) Defendant has not received responses to the discovery requests as of the date of filing of the Discovery Motions. (Id.)

Defendant now moves for an order compelling responses to the discovery requests, without objections. Defendant also requests monetary sanctions in the amount of $435 for each of the Discovery Motions, with Defendant’s counsel stating that his standard hourly billing rate is $250 per hour, that he had spent one hour preparing each of the Discovery Motions and anticipates spending at least half an hour attending the hearing, and that he had incurred $60 filing fee for each of the three motions. (Id.) The Court exercises its discretion and limits sanctions to the amount of $875 representing one hour spent for each of the three Discovery Motions and a half hour attending the hearing for all three motions at a rate of $250/per hour, plus $180 filing fees for the three Discovery Motions, for a total amount of $1,055.

Plaintiff is ORDERED to serve complete, Code-compliant and verified responses to the SIs, FIs and RFPs, without objections, and to produce all responsive documents to the RFPs, within 20 days of this Order. Plaintiff is further ORDERED to pay Defendant $1,055 in monetary sanctions within 20 days of this Order.

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

Hon. Holly J. Fujie

Judge of the Superior Court