Judge: Joel L. Lofton, Case: 22AHCV00930, Date: 2024-01-22 Tentative Ruling

Case Number: 22AHCV00930    Hearing Date: January 22, 2024    Dept: X

   Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE:      January 22, 2024                                 TRIAL DATE: October 22, 2024

CASE:                         JOHN MORALES, an individual, v. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, a public entity; ALFRED MURILLO, an individual; OCTAVIO COVARRUBIAS, an individual; VALERIA GARCIA, an individual; and DOES 1 to 50, inclusive.  

CASE NO.:                 22AHCV00930

MOTION TO COMPEL

MOVING PARTY:               Defendant Octavio Covarrubias

RESPONDING PARTY:      No response filed.

SERVICE:                              Filed November 2, 2023

RELIEF REQUESTED

             Defendant Octavio Covarrubias moves for an order compelling Defendant Alfred Murillo to provide responses to his discovery requests.

BACKGROUND

             This case arises out of Plaintiff John Morales’s (“Plaintiff”) claim that he suffered injuries as a result of an automobile collision on November 6, 2021. Plaintiff filed this complaint on October 27, 2022.

TENTATIVE RULING

Covarrubias’s motion for an order compelling a response to his form interrogatories and requests for the production of documents is GRANTED.

Murillo is ordered to provide code-complaint responses without objections within 20 days of the date of this order.

            Covarrubias’s request for sanction is granted for a total of $340.

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 Octavio Covarrubias (“Covarrubias”) moves for an order compelling Defendant Alfred Murillo (“Murillo”) to provide responses to his discovery requests. Covarrubias provides he served discovery requests consisting of form interrogatories and requests for the production of documents on Murillo on March 30, 2023. (McCabe Decl. ¶ 2.) Covarrubias also provides that Murillo has not provided discovery responses. (Id. ¶¶ 3-4.)

            Covarrubias has demonstrated that he served discovery responses, but Murillo has failed to provide responses. Covarrubias’s motion to compel responses to his requests for the production of documents and form interrogatories is granted. Covarrubias’s request for sanctions is granted for 2 hours worked at a rate of $140 plus $60 for a total of $340.

CONCLUSION

Covarrubias’s motion for an order compelling a response to his form interrogatories and requests for the production of documents is GRANTED.

Murillo is ordered to provide code-complaint responses without objections within 20 days of the date of this order.

            Covarrubias’s request for sanction is granted for a total of $340.

            Moving Party to provide notice.

Dated:   January 22, 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