Judge: Joel L. Lofton, Case: 22AHCV00049, Date: 2023-10-02 Tentative Ruling

Case Number: 22AHCV00049    Hearing Date: October 2, 2023    Dept: X

   Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE:      October 2, 2023                                  TRIAL DATE: October 24, 2023

CASE:                         JAMIE ZHAO, an individual, v. A-MAY INVESTMENT, LLC, a California limited liability company

CASE NO.:                 22AHCV00049

MOTION TO COMPEL DISCOVERY RESPONSES

MOVING PARTY:               Defendant A-May Investment, LLC

RESPONDING PARTY:      No response filed.

SERVICE:                              Filed September 1, 2023

RELIEF REQUESTED

             Defendant A-May Investment, LLC moves for an order compelling Plaintiff Jamie Zhao to provide discovery responses to its requests for the production of documents and form interrogatories.

BACKGROUND

             This case arises out of Plaintiff Jamie Zhao’s (“Plaintiff”) claim that Defendant A-May Investment, LLC (“Defendant”) failed to repay under a promissory note. Plaintiff filed this complaint on January 31, 2022, alleging that Defendant owed $663,786.22 in unpaid principal, $39,156.72 in unpaid late fees, and accrued interest. Plaintiff alleges two causes of action for (1) breach of contract and (2) common counts.

TENTATIVE RULING

             Defendant’s motions to compel discovery responses is GRANTED.         

            Plaintiff is ordered to provide responses without objections to Defendant’s requests for the production of documents and form interrogatories within 10 days of the date of this order.

            Defendant’s request for sanctions is DENIED.

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 A-May Investment, LLC (“Defendant”) moves for an order compelling Plaintiff Jamie Zhao to provide discovery responses to its requests for the production of documents and form interrogatories. Defendant provides that it served its form interrogatories on March 17, 2023. (Liang Decl. ¶ 2.) Defendant provides it served its requests for production on June 6, 2023. (Liang RFP Decl. ¶ 2.) Defendant provides the parties agreed to extend the deadline for Plaintiff to respond to August 6, 2023. (Id. ¶ 3.) However, Defendant provides that Plaintiff failed to timely respond and has not provided discovery responses as of the filing of the present motions. (Id. ¶¶ 4-5.)

            Defendant has demonstrated it served Plaintiff with discovery requests, but Plaintiff failed to provide any response.

CONCLUSION

            Defendant’s motions to compel discovery responses is GRANTED.          

            Plaintiff is ordered to provide responses without objections to Defendant’s requests for the production of documents and form interrogatories within 10 days of the date of this order.

            Defendant’s request for sanctions is DENIED.

Dated:   October 2, 2023                                             ___________________________________

                                                                                    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.  Parties intending to appear are strongly encouraged to appear remotely.  alhdeptx@lacourt.org