Judge: John J. Kralik, Case: 24NNCV00476, Date: 2024-11-08 Tentative Ruling

Case Number: 24NNCV00476    Hearing Date: November 8, 2024    Dept: NCB

 

Superior Court of California

County of Los Angeles

North Central District

Department B

 

 

alberto licea,

 

                        Plaintiff,

            v.

 

nissan north america,   

 

                        Defendant.

 

Case No.: 24NNCV00476

 

  Hearing Date:  November 8, 2024

 

 [TENTATIVE] order RE:

motions to compel discovery responses; requests for sanctions

 

 

There are 4 motions on calendar.

On October 4, 2024, Plaintiff Alberto Licea (“Plaintiff”) filed 3 motions to compel initial responses from Defendant Nissan North America, Inc. (“Defendant”) for: (1) Form Interrogatories (“FROG”), set one; (2) Special Interrogatories (“SROG”), set one; and (3) Request for Production of Documents (“RPD”), set one.  Plaintiff also filed a motion for order deeming Requests for Admissions (“RFA”), set one, admitted. 

On August 9, 2024, Plaintiff served on Defendant the discovery requests, such that responses were due by September 9, 2024.  Plaintiff states that his counsel attempted to meet and confer with Defendant prior to filing this motion.  As of the filing of the motions, Plaintiff states that he 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 is granted, pursuant to CCP § 2033.280. 

Plaintiff requests sanctions against Defendant and its attorney in the amount of $2,760 per motion (= [4 hours on the motion + 2 anticipated hours to review the opposition, prepare the reply, and attend the hearing, at $450/hour], plus $60 in filing fees).  The requests are granted in the amount of $800 total for attorney’s fees on the 4 motions, plus $240 in filing fees, as these were relatively simple and essentially 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 $1,040 to Plaintiff, by and through counsel, within 20 days of notice of this order.

Plaintiff shall provide notice of this order.

 

 

DATED: November 8, 2024                                       ___________________________

                                                                              John J. Kralik

                                                                              Judge of the Superior Court