Judge: Joel L. Lofton, Case: 21GDCV01150, Date: 2024-01-18 Tentative Ruling

Case Number: 21GDCV01150    Hearing Date: January 18, 2024    Dept: X

   Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE:     January 18, 2024                                 TRIAL DATE:  February 27, 2024

CASE:                         MARCO LOPEZ, an individual, v. PAUL ARGUETA, an individual, CESAR HARO, an individual, ROBERT SILVA, an individual, JOSH CHAIREZ, an individual; REAL ESTATE HEAVEN INTERNATIONAL, INC.; COVERED WAGON INVESTMENTS, INC., a California Corporation and DOES 1 through 50, inclusive.

CASE NO.:                 21GDCV01150

MOTION TO COMPEL

MOVING PARTY:               Defendant Paul Argueta

RESPONDING PARTY:      No response filed.

SERVICE:                              Filed December 6, 2023

RELIEF REQUESTED

             Defendant moves for an order compelling a response to his requests for the production of documents.

BACKGROUND

Plaintiff Marco Lopez (“Plaintiff”) claims that Defendants Paul Argueta (“Argueta”), Cesar Haro (“Haro”), Robert Silva (“Silva”), and Josh Chairez (“Chairez”) induced him to make a payment of over $159,000 under the pretense that the money would be used to fund investments for Plaintiff’s retirement. Plaintiff alleges that the Defendants personally retained the funds. Plaintiff further asserts that the Defendants prepared Plaintiff with a written statement titled “Personal Guarantee” that states Defendants would repay Plaintiff a total of $175,000 by June 31, 2020, a date that does not exist. Plaintiff alleges that Defendants have failed to pay back the money.

Plaintiff filed a second amended complaint (“SAC”) on July 18, 2022, alleging nine causes of action for (1) breach of contract – written contract (personal guarantee), (2) fraud, (3) negligent misrepresentation, and (4) promissory estoppel.

TENTATIVE RULING

            Defendant’s motion for an order compelling a response to his requests for production of documents is GRANTED.

            Plaintiff is ordered to produce code-compliant responses without objections within 20 days of the date of this order.

            Defendant’s request for sanctions is GRANTED.

LEGAL STANDARD

If a party to whom interrogatories are directed fails to serve a timely response, the party propounding the interrogatories may move for an order compelling a response to the interrogatories. (Code Civ. Proc. section 2030.290, subd. (b).) The same applies to a party that fails to respond to a request for document production. (Code Civ. Proc. section 2031.300, subd. (b).)

DISCUSSION

            Defendant moves for an order compelling a response to his requests for the production of documents. Defendant provides that he served requests for the production of documents on Plaintiff on August 29, 2023. (Rosenthal Decl. ¶ 2.) Defendant provides that Plaintiff has failed to respond despite being given several extensions. (Id. ¶¶ 4-5.) Defendant has demonstrated that he served discovery requests, but that Plaintiff failed to respond.

            Defendant’s motion for an order compelling a response is granted.

CONCLUSION

            Defendant’s motion for an order compelling a response to his requests for production of documents is GRANTED.

            Plaintiff is ordered to produce code-compliant responses without objections within 20 days of the date of this order.

            Defendant’s request for sanctions is GRANTED in the amount of $460.

Dated:   January 18, 2024                                           ___________________________________

                                                                                    Joel L. Lofton

                                                                                    Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court indicating their

intention to submit.  alhdeptx@lacourt.org