Judge: John J. Kralik, Case: 23BBCV02414, Date: 2024-04-26 Tentative Ruling

Case Number: 23BBCV02414    Hearing Date: April 26, 2024    Dept: NCB

Superior Court of California

County of Los Angeles

North Central District

Department B

There are 5 motions on calendar.  On March 18, 2024, Plaintiff Northern California Collection Service, Inc. (“Plaintiff”) filed 3 motions to compel initial responses from Defendant Valley View Congregate Living Inc (“Defendant”) for: (1) Form Interrogatories (“FROG”), set one; (2) Special Interrogatories (“SROG”), set one; and (3) Requests for Production of Documents (“RPD”), set one.  Plaintiff also filed: (4) a motion for order to deem the matters admitted in its Requests for Admissions (“RFA”), set one; and (5) a motion for order to deem the documents genuine in its RFA.  On April 19, 2024, Plaintiff filed a notice of no opposition stating that it did not receive an opposition brief to the motions. 

On January 12, 2024, Plaintiff served on Defendant the discovery requests, such that responses were due by February 19, 2024.  Plaintiff states that it provided Defendant with an extension such that responses were due by March 11, 2024.  As of the filing of the motions, Plaintiff states that it has not received responses from Defendant. 

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

Plaintiff’s unopposed motion for an order deeming the RFAs admitted and to deem the documents genuine is granted, pursuant to CCP § 2033.280. 

Plaintiff requests sanctions against Defendant and its attorney.  Plaintiff seeks $922.50 for each motion (= [$375/hour x 11.5 hours, divided by 5 motions] = $862.50, plus $60 filing fee).  The requests are granted in the reasonable amount of $1,500 total for the motions, plus $300 in filing fees, as these are relatively simple and identical motions to compel initial responses.  Defendant and its counsel of record, jointly and severally, are ordered to pay monetary sanctions in the amount of $1,800 to Plaintiff, by and through counsel, within 20 days of notice of this order.

Plaintiff shall provide notice of this order.

DATED: April 26, 2024                                             ___________________________

                                                                              John J. Kralik

                                                                              Judge of the Superior Court