Judge: John J. Kralik, Case: 24NNCV00107, Date: 2025-02-21 Tentative Ruling

Case Number: 24NNCV00107    Hearing Date: February 21, 2025    Dept: NCB

Superior Court of California

County of Los Angeles

North Central District

Department B

BACKGROUND

A.    Allegations of Complaint

This is a premise liability action. Plaintiffs Sanniyah Smith, Jacqueline Smith, Solei Smith, and Jadeline Smith (collectively, “Plaintiffs”) filed a complaint against Defendants K1 Speed, Inc., K1 Speed Franchising, Inc., Justin Miller, (collectively “Defendants”) and Does 1 through 100.

The complaint filed March 6, 2024, alleges causes of action for: (1) General Negligence; (2) Products Liability; and (3) Premises Liability.

On March 12, 2024, Plaintiffs filed their First Amended Complaint alleging the same causes of action. The First Amended Complaint alleges “Plaintiffs were visitors of K1 Speed . . . where Defendants negligently owned, operated, maintained, managed, supervised and/or monitored the premises including go-kart tracks and go-karts on the premises. Due to a dangerous condition and lack of supervision, Plaintiffs sustained injuries when a go-kart collided into Plaintiff SANNIYAH SMITH causing her to suffer bodily injuries. Defendants had actual and/or constructive notice of the dangerous condition prior to Plaintiffs' injuries.” (FAC at p.3.)

B.     Motion on Calendar

            On December 17, 2024, Defendant K1 Speed Inc. filed the instant motion against Plaintiff Sanniyah Smith.

            On February 6, 2025, Plaintiff Sanniyah Smith filed a Declaration regarding Defendant’s motion stating that she provided the responses therefore making the motion moot.

            On February 13, 2025, Defendant K1 Speed Inc. filed its reply stating that the request for sanctions was not moot.

 DISCUSSION          

            Defendant K1 SPEED, INC. moves for an order compelling Plaintiff’s responses to Defendant’s Special Interrogatories Set Two and for an imposition of Monetary Sanctions.

            Motion to Compel

            On February 5, 2025, Plaintiff served Defendant with her responses to the Special Interrogatories, Set Two. Accordingly, the Motion to Compel Initial responses to the Special Interrogatories, Set Two is moot.

            Monetary Sanctions   

            Defendant requests sanctions against Plaintiff Sanniyah Smith in the amount of $935 for the cost of this motion.

            If a party fails to serve a timely response to interrogatories, the court shall impose sanctions unless it finds that the party subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (C.C.P. §2030.290(c).)

            Nevertheless, the Court will deny the request for monetary sanctions because the Motion to Compel is deficient as the exhibits were not attached. Therefore, the Court cannot reach an opinion on the sufficiency of the meet and confer process.

CONCLUSION AND ORDER

The Court denies as MOOT Defendant K1 Speed Inc.’s Motion to Compel Initial Responses to Special Interrogatories, Set Two.

The Court DENIES the Motion for Monetary Sanctions because the exhibits were not attached and therefore the Court cannot reach an opinion on the sufficiency of the meet and confer process.  

Defendant shall provide notice of this order.

DATED: February 21, 2025                                       ___________________________

                                                                              John J. Kralik

                                                                              Judge of the Superior Court