Judge: Joel L. Lofton, Case: 22AHCV00574, Date: 2022-12-05 Tentative Ruling

Case Number: 22AHCV00574    Hearing Date: December 5, 2022    Dept: X

   Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE:     December 5, 2022                               TRIAL DATE: No date set.

CASE:                         MIMI LIANG v. EMERALD TAY, M.D.  

CASE NO.:                 22AHCV00574

MOTION TO COMPEL DISCOVERY RESPONSES

MOVING PARTY:              Defendant Emerald Tay, M.D.

RESPONDING PARTY:      No response filed.

SERVICE:                              Filed November 3, 2022

RELIEF REQUESTED

            Defendant moves to compel a response to form interrogatories, special interrogatories, and requests for the production of documents.

            Defendant also moves for an order deeming the truth of the matters specified in her requests for admissions admitted.

            Defendant also requests monetary sanctions totaling $1,490.00 for each motion.

BACKGROUND

             This case arises out of Plaintiff Mimi Liang’s (“Plaintiff”) personal injury claim against Defendant Emerald Tay, M.D. (“Defendant”). Plaintiff filed a first amended complaint on November 22, 2022.

TENTATIVE RULING

            Defendant’s motion to compel discovery responses is GRANTED.

            Plaintiff is ordered to respond to Defendant’s form interrogatories, special interrogatories, and requests for the production of documents.

            Defendant’s motion to deem admitted the truth of the matters specified in her requests for admissions is GRANTED.

            Defendant’s request for sanctions is GRANTED in the amount of $390.00.

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).)

Code of Civil Procedure section 2033.280, subdivision (b), provides that if a party fails to respond to a request for admission, “[t]he requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted”.

DISCUSSION

             On September 6, 2022, Defendant propounded discovery requests including form interrogatories, special interrogatories, requests for the production of documents, and requests for admissions on Plaintiff. (James Decl. ¶ 3.) As of November 3, 2022, Defendant had received no discovery responses from Plaintiff. (Id. ¶ 5.)

            Defendant has served Plaintiff with discovery requests, but Plaintiff has failed to provide any response. Defendant’s motion to compel discovery responses to her form interrogatories, special interrogatories, and requests for the production of documents is granted.

            Further, Defendant’s motion to deem the truth of the matters contained in her requests for admission admitted is granted.

            Sanctions

            Defendant also requests sanctions pursuant to Code of Civil Procedure sections 2030.290, subdivision (c), 2031.300, and 2033.280, subdivision (c). The first two sections state a court “shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel” discovery responses. However, Plaintiff has not made or opposed the present motion.

            Defendant is entitled to sanctions, however, pursuant to Code of Civil Procedure section 2033.280, subdivision (c).) Defendant’s counsel charges $220.00 per hour for an estimated 1.5 hours of work for the present motion. (James Decl. ¶ 7.)

            Plaintiff is ordered to pay monetary sanctions totaling $390.00, for 1.5 hours worked plus a $60 filing fee.

CONCLUSION

            Defendant’s motion to compel discovery responses is GRANTED.

            Plaintiff is ordered to respond to Defendant’s form interrogatories, special interrogatories, and requests for the production of documents with 10 days of notice of this ruling.

            Defendant’s motion to deem admitted the truth of the matters specified in her requests for admissions is GRANTED.

            Defendant’s request for sanctions is GRANTED in the amount of $390.00.

            Moving party to give notice.

Dated:   December 5, 2022                             ___________________________________

                                                                                    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