Judge: Holly J. Fujie, Case: BC590284, Date: 2024-08-30 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.

Case Number: BC590284    Hearing Date: August 30, 2024    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Plaintiff Carla Abedian (“Plaintiff”)

RESPONDING PARTY: None

            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).)

BACKGROUND

This is a Lemon Law case. 

            On April 29, 2024, this Court granted Plaintiff’s Motion to Compel Further Responses to Plaintiff’s Requests for Production of Documents, Set One (the “RFPs”) from defendant FCA US LLC (“Defendant”).  Defendant was ordered to provide a Code-compliant, verified written response to the RFPs, without objection, and to produce all additional responsive documents within twenty (20) business days of the April 29, 2024 order (the “April Order”) – May 20, 2024.  On June 3, Defendant served discovery responses containing objections without any discovery production. (Declaration of Nadine Bedwan (the “Bedwan Decl.”), ¶ 11.)  Plaintiff filed the within motion (the “Compliance Motion”) on June 24, 2024. 

Plaintiff seeks an order to compel compliance with the April Order. Plaintiff also seeks an award of monetary sanctions in the amount of $1,250 for the filing of this Compliance Motion.

DISCUSSION

            Plaintiff’s Compliance Motion is unopposed and it is GRANTED.  The objections raised in the response to the RFPs are stricken based upon the Court’s April Order, and the Court orders that Defendant produce to Plaintiff all documents responsive to the RFPs, even if allegedly privileged, within twenty (20) days of the date of this Order. 

The Court also finds that monetary sanctions are warranted against Defendant and its counsel, jointly and severally, in the reasonable sum of $1,250, as requested.  This amount is to be paid to Plaintiff within twenty days of the date of this Order.

Moving party is ordered to give notice of this ruling.           

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.

Dated this 4th day of September, 2024