Judge: Jon R. Takasugi, Case: 21STCV39986, Date: 2022-08-09 Tentative Ruling

Case Number: 21STCV39986    Hearing Date: August 9, 2022    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s motions to compel responses to discovery are GRANTED. Request for admissions deemed admitted.  Defendants are each sanctioned $1,050 ($350 per motion), payable within 60 days of entry of this order.  Responses are due in 30 days.

            On 10/29/2021, Plaintiff Robert H. Pepple filed suit against Deno’s Automotive and Dennis Thomas (collectively, Defendants), alleging: (1) breach of contract; (2) breach of contract; (3) breach of contract; (4) negligence; (5) negligent infliction of emotional distress; (6) intentional infliction of emotional distress; (7) intentional infliction of emotional distress; (8) trespass to chattels; (9) injunctive relief; and (10) unfair business practices.

            Now, Plaintiff moves to compel initial discovery from Defendants.

As to Defendant Dennis Thomas (Thomas), Plaintiff moves to compel responses to his Form Interrogatories and Requests for Production (RFPs), and to have Plaintiff’s Requests for Admission (RFAs) deemed admitted.

As to Defendant Deno’s Automotive (Deno’s), Plaintiff moves to compel responses to his Form Interrogatories, Special Interrogatories, and RFPs.

Plaintiff also seeks monetary sanctions.

The motions are unopposed.

Discussion

            On 1/14/2022, Plaintiff served both Defendants with the relevant discovery.

            To date, no responses have been received.

            Defendants failed to oppose these motions, and thus have not set forth any substantial justification for their failures.

            Based on the foregoing, Plaintiff’s motions to compel discovery responses are granted. Each Defendant is sanctioned $1,050. ($350/hr x 3 motions each.) The Court notes that while individual defendant Thomas may represent himself, Defendant Deno’s Automotive, as a corporate entity, may not represent itself and must engage counsel. 

             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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