Judge: John J. Kralik, Case: 22BBCV01171, Date: 2024-08-02 Tentative Ruling


Counsel who wish to submit on the tentative ruling may do so by emailing BURDeptB@lacourt.org

PLEASE WRITE THE CASE NUMBER AND PARTY YOU REPRESENT.  YOU MAY ONLY SUBMIT ON BEHALF OF THE PARTY YOU REPRESENT.  YOU MAY NOT SUBMIT ON BEHALF OF ANOTHER PARTY. Counsel are directed to cc all other counsel if you are submitting on the tentative ruling.

IF YOU HAVE QUESTIONS OR NEED CLARIFICATION ON THE TENTATIVE, YOU MUST APPEAR AND ADDRESS YOUR QUESTIONS TO THE COURT.

IF BOTH SIDES SUBMIT ON THE TENTATIVE RULING, THE TENTATIVE RULING THEN BECOMES THE ORDER OF THE COURT ON THE MOTION DATE AND NO APPEARANCES ARE NECESSARY.


THERE WILL BE NO RESPONSES TO ANY INQUIRIES SUBMITTED THROUGH THIS SITE.

Warning regarding electronic appearances
:    All software for remote or electronic appearances is subject to malfunction based on system weakness and human error, which can originate from any of the multiple parties participating each morning. The seamless operation of the Court’s electronic appearance software is dependent on numerous inconstant and fluctuating factors that may impact whether you, or other counsel or the Court itself can be heard in a particular case. Not all these factors are within the control of the courtroom staff. For example, at times, the system traps participants in electronic purgatories where they cannot be heard and where the courtroom staff is not aware of their presence. If you call the courtroom, please be respectful of the fact that a court hearing is going on, and that the courtroom staff is doing their best to use an imperfect system. If it is truly important to you to be heard, please show up to the courtroom in the normal way. Parking is free or reasonable in Burbank.


THANK YOU!





Case Number: 22BBCV01171    Hearing Date: August 2, 2024    Dept: NCB

 

Superior Court of California

County of Los Angeles

North Central District

Department B

 

allan lotta, et al.,

 

                        Plaintiffs,

            v.

 

david harris,

 

                        Defendant.

 

Case No.: 22BBCV01171

 

  Hearing Date:  August 2, 2024

 

 [TENTATIVE] order RE:

motions to compel discovery responses; requests for sanctions

 

 

On May 31, 2024, Defendant David Harris (“Defendant”) filed 3 motions to compel initial responses from Plaintiffs Allan Lotta and Terezia Korossy (“Plaintiffs”) for: (1) Form Interrogatories (“FROG”), set one; (2) Special Interrogatories (“SROG”), set one; and (3) Request for Production of Documents (“RPD”), set one.  

On January 18, 2024, Defendant served on Plaintiffs the discovery requests.  Plaintiffs’ counsel requested and Defendant granted three extensions such that responses were due by April 23, 2024.  Defense counsel then unilaterally granted Plaintiffs two more extensions such that responses were due by May 22, 2024.  As of the filing of the motions, Defendant states that he has not received responses from Plaintiffs. 

Defendant’s unopposed motions to compel responses to the FROG, SROG, and RPD are granted pursuant to CCP §§ 2030.290 and 2031.300.  Plaintiffs are ordered to provide verified responses to Defendant’s discovery requests, without objections, within 20 days of notice of this order. 

Defendant requests sanctions against Plaintiffs and their attorney in the amount of $455.34 for each motion (= [2 hours to meet and confer, prepare motion, and attend hearing at $160.17/hour] + [1 hour of legal assistant time to reserve the motion at $75/hour] + [$60 filing fee].  The requests are granted in the total amount of $450 for a reasonable amount of attorney’s fees spent on the 3 relatively simple and identical motions, plus $180 in filing fees.  Plaintiffs and their counsel of record, jointly and severally, are ordered to pay monetary sanctions in the amount of $630 to Defendant, by and through counsel, within 20 days of notice of this order.

Defendant shall provide notice of this order.

 

 

DATED: August 2, 2024                                                        ___________________________

                                                                              John J. Kralik

                                                                              Judge of the Superior Court