Judge: Jon R. Takasugi, Case: 19STCV36745, Date: 2022-08-29 Tentative Ruling

Case Number: 19STCV36745    Hearing Date: August 29, 2022    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s 16 motions to compel initial discovery responses from Defendants within 10 days of entry of this order are GRANTED. Defendants are each sanctioned, jointly and severally with counsel, $350.00 per applicable motion.

            On October 11, 2019, Plaintiff State Compensation Insurance Fund (Plaintiff) filed suit against Golden Drop Inc., Golden Drop Trucking Inc, Eberhart Capital, LLC, and Dan Eberhart, alleging: (1) breach of contract; (2) open book account; (3) reasonable value; (4) fraud—intentional misrepresentation; and (5) fraud—negligent misrepresentation; and (6) damages pursuant to Insurance Code section 756.

            Now, Plaintiff moves to compel Defendants’ initial responses to its discovery requests.

Discussion

            Plaintiff served Defendants with discovery on 2/4/2022. To date, no responses have been received.

            Moreover, Defendants did not oppose Plaintiff’s motions, and thus have not set forth any substantial justification for this failure.

            Based on the foregoing, Plaintiff’s 16 motions to compel initial discovery responses from Defendants within 10 days of entry of this order are granted. Defendants are each sanctioned, jointly and severally with counsel, $350 per applicable motion.

It is so ordered.

Dated:  August    , 2022

   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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