Judge: John J. Kralik, Case: 22STCV12247, Date: 2023-04-28 Tentative Ruling

Case Number: 22STCV12247    Hearing Date: April 28, 2023    Dept: NCB

 

Superior Court of California

County of Los Angeles

North Central District

Department B

 

 

greenie a. weaver,

 

                        Plaintiff,

            v.

 

r.m. palmer jr, et al.,  

 

                        Defendants.

 

Case No.: 22STCV12247

 

  Hearing Date:  April 28, 2023

 

 [TENTATIVE] order RE:

motions to compel discovery responses; requests for sanctions

 

 

On November 9, 2022, Defendant RM Palmer Company (“Defendant”) filed 3 motions to compel initial responses from Plaintiff Greenie A. Weaver (“Plaintiff”) for: (1) Form Interrogatories (“FROG”); (2) Special Interrogatories (“SROG”); and (3) Request for Production of Documents (“RPD”).  Defendant also filed a motion for order deeming Requests for Admissions (“RFA”) admitted.  On March 13, 2023, Defendant filed a reply brief stating that it was not in receipt of an opposition brief from Plaintiff.  On April 21, 2023, Defendant filed another reply brief stating it was not in receipt of an opposition brief.

On September 1, 2022, Defendant served on Plaintiff the discovery requests, such that responses were due by October 10, 2022.  On October 11, 2022, defense counsel sent a letter to Plaintiff requesting the discovery responses within 10 days.  As of the filing of the motions, Defendant states that it has not received responses from Plaintiff. 

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

Defendant’s unopposed motion for an order deeming the RFAs admitted is granted, pursuant to CCP § 2033.280. 

Defendant requests sanctions against Plaintiff (a self-represented litigant) in the amount of $672.50 per motion (= $1.15 hours to prepare the motion + 2 hours to attend the hearing at $175/hour, plus filing fees of $60).  The requests are granted, but the Court will reduce the amount to a reasonable sum of $700 (= 4 hours x $175/hour) and $240 in filing fees for these relatively simple, unopposed motions.  Plaintiff is ordered to pay monetary sanctions in the amount of $940 to Defendant, by and through counsel, within 20 days of notice of this order.

Defendant shall provide notice of this order.