Judge: Jon R. Takasugi, Case: 20STCV15133, Date: 2022-10-26 Tentative Ruling

Case Number: 20STCV15133    Hearing Date: October 26, 2022    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Defendant’s motion to compel discovery is GRANTED. Plaintiff is sanctioned, jointly and severally with counsel, $525.00.

Defendant’s motion to have its RFAs deemed admitted is GRANTED. Plaintiff is sanctioned, jointly and severally with counsel, $525.00.

On 4/21/2020, Plaintiff Stacy Branden filed suit against Property Management Associates, Inc., seeking preliminary and permanent injunctive relief.

            Now, Defendant seeks to compel initial responses from Plaintiff to its Form Interrogatories and to have its Requests For Admission  (RFAs) deemed admitted as to Plaintiff.

            The motions are unopposed.

Factual Background

            Plaintiff alleges that beginning on March 30, 2020, Defendant shut off water to all residential units, including Plaintiff’s unit, to perform non-essential construction work on the commercial units in the property.

Motion to Compel

Defendant served Plaintiff with Amended Form Interrogatories (Set One) on 7/12/2022. Responses were due within 30 days. Despite this, no responses have been provided to date.

            Plaintiff failed to oppose this motion and thus has not set forth substantial justification for the failure to respond. As such, sanctions are warranted.

            Based on the foregoing, Defendant’s motion to compel discovery is granted. Plaintiff is sanctioned, jointly and severally with counsel, $525.00. ($350/hr x 1.5 hr.)

Motion to Deem Admitted

            Defendant served Plaintiff with RFAs (Set One) on Plaintiff on 7/12/2022. Responses were due within 30 days. Despite this, no responses have been provided to date.

            Plaintiff failed to oppose this motion and thus has not set forth substantial justification for the failure to respond. As such, sanctions are warranted.

            Based on the foregoing, Defendant’s motion to have its RFAs deemed admitted is granted. Plaintiff is sanctioned, jointly and severally with counsel, $525.00. ($350/hr x 1.5 hr.)

 It is so ordered.

Dated:  October    , 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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