Judge: John J. Kralik, Case: 22STCV03685, Date: 2024-03-15 Tentative Ruling

Case Number: 22STCV03685    Hearing Date: March 15, 2024    Dept: NCB

Superior Court of California

County of Los Angeles

North Central District

Department B

There are 3 motions on calendar.  On January 26, 2024, Plaintiff Binh Tieu Tran (“Plaintiff”) filed 2 motions to compel initial responses from Defendant Royal Vista San Gabriel (“Defendant”) for: (1) Form Interrogatories (“FROG”), set one; and (2) Request for Production of Documents (“RPD”), set one.  Plaintiff also filed a motion for order deeming Requests for Admissions (“RFA”), set one, admitted. 

On October 6, 2023, Plaintiff served on Defendant the discovery requests.  Plaintiff argues that although defense counsel acknowledged receipt of the discovery requests and that the case may be transferred to another defense firm, Defendant did not make efforts to comply with the discovery requests or request an extension of time.  As of the filing of the motions, Plaintiff states that he has not received responses from Defendant. 

On March 4, 2024, Defendant filed an opposition to the request for sanctions, arguing that Plaintiff has not complied with the notice requirements to properly request sanctions.  Defendant also argues that it has served code compliant responses such that the motions are moot.

In light of the Defendant’s representations that responses have been served to the FROG, SROG, RPD, and RFA, the motions are denied as moot. 

In the notices of motion, Plaintiff did not request sanctions.  However, in the memorandum of points and authorities, Plaintiff requested sanctions in the amounts of $1,286 on the FROG motion, $886 on the RPD motion, and $1,286 on the RFA motion.  CCP § 2023.040 requires that the party requesting sanctions “identify every person, party, and attorney against whom the sanction is sought.”  Plaintiff has failed to comply with this statute in making the proper request for sanctions that would put Defendant on notice.  The requests for sanctions are denied. 

Plaintiff shall provide notice of this order.

DATED: March 15, 2024                                           ___________________________

                                                                              John J. Kralik

                                                                              Judge of the Superior Court