Judge: Jon R. Takasugi, Case: 19STCV34609, Date: 2023-02-28 Tentative Ruling

Case Number: 19STCV34609    Hearing Date: February 28, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

LACADA’s motion to compel is GRANTED. Plaintiff is sanctioned, jointly and severally, $700.00, to be paid within 30 days of entry of this order.

On 9/27/2020, Plaintiffs Estate of Tok Hui Till, Sunja Ja Lam, and Jonathan Till (collectively, Plaintiffs) initiated this action.

On 4/28/2020, Cross-Complainant Los Angeles Centers for Alcohol and Drug Abuse, Inc. (LACADA) filed a cross-complaint against Katherine Sang Eun Koo and Susan Ho (collectively, Cross-Defendants).

            Now, LACADA moves to compel Plaintiff to provide verified responses to its Demands for Production (DFPs). LACAD also seeks monetary sanctions.

            The motion is unopposed.

Discussion 

            On 2/4/2020, LACADA served Plaintiff with DFPs. On 7/6/2020, Plaintiff served unverified responses to the demands for production. As a part of the responses, Plaintiff agreed to produce all nonprivileged documents. (Exh. B.) By a letter also sent on 7/6/2020, Plaintiff’s counsel informed defendant’s counsel that plaintiff’s verifications would “follow promptly.” (Exh. C.) No documents were produced.

By email dated 12/15/2022, LACADA’s present counsel requested that Plaintiff’s attorney supply the verification for the responses to demands for production no later than 12/29/2022, and produce the requested documents. Plaintiff’s attorney stated he would “look into whether the responses were verified.” Having heard nothing further from Plaintiff’s counsel, Defendant’s attorney followed up with emails dated 1/4/2023, and 1/11/2023. (Exh D.) Despite Defendant’s meet and confer efforts, no verified responses and no documents have been received.

Given Plaintiff’s failure to oppose, the Court is without substantial justification for Plaintiff’s conduct. As such, sanctions are clearly warranted.

Based on the foregoing, LACADA’s motion to compel is granted. Plaintiff is sanctioned, jointly and severally, $700.00, to be paid within 30 days of entry of this order. ($350/hr x 2 hr.)

It is so ordered.

Dated:  February    , 2023

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. 

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