Judge: Jon R. Takasugi, Case: 21STCV45921, Date: 2023-09-07 Tentative Ruling

Case Number: 21STCV45921    Hearing Date: September 7, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s motion to compel discovery is GRANTED. Responses are due within 15 days of entry of this order. Defendant is sanctioned, jointly and severally with counsel, $1,050.

            On 12/16/2021, Plaintiff Martha Del Campo (Plaintiff) filed suit against VSV Mutual Group, Inc., and Sevan Toroussian, alleging: (1) whistleblower violations; (2) unsafe workplace violations; (3) failure to provide meal and rest periods; (4) failure to pay wages in violation of California Labor Code section 201; (5) failure to furnish compliant wage statements; (6) waiting time penalties; (7) violation of California Business and Professions Code section 17200; (8) retaliation and wrongful termination; and (9) failure to provide employee personnel files.

            Now, Plaintiff moves to compel discovery responses from Defendant VSV Mutual Group (Defendant) to her requests for production of documents (RPDs) and Special Interrogatories. Plaintiff seeks $4,000 in monetary sanctions.

Discussion

            On 6/6/2023, Plaintiff served Defendant with RPDs and Special Interrogatories. As such, responses to the Discovery Requests were due by 7/10/2023.

            In opposition, Defendant contends that its failure to timely respond is not the result of intentional delay or abuse of the discovery process. Rather, Defendant contends that upon receiving this discovery, counsel sought answers from Defendants, drafted responses, and sought verifications to the same. On 7/10/2023, on the last day to serve responses and when it became apparent that the Defendants would not have such responses on time because they were, and still are, waiting on verifications from Defendant, Defense Counsel requested an additional thirty days to respond. Plaintiff’s Counsel denied this request, and instead offered two weeks. (Thorsson Decl., ¶ 7.) Then:

From there, counsel for both Parties went back and forth for several weeks in good faith to obtain additional extensions. (Thorsson Decl., ¶¶ 8-13.) However, suddenly and despite these efforts, Plaintiff’s counsel filed the instant motion one day prior to what Defense Counsel in good faith believed to be the most recently granted extension set to expire on August 16, 2023.

            (Opp., 2: 15-18.)

            However, Defendant’s argument ignores the fact that Defendant would still be out of compliance even if Plaintiff had granted the 30-day extension. Indeed, not only has Defendant still not provided responses, but Defendant’s motion lacks any indication as to when it could realistically provide the outstanding responses. While the Court understands Defendant’s need to conduct due diligence to review the accuracy of its own responses, Defendant has not offered any explanation as to why nearly two months after the discovery due date, and nearly one month beyond a 30-day extension (had it been granted), Defendant has still not been able to verify the discovery responses and still has not offered an estimated date of production.

            Accordingly, the Court finds good cause to grant Plaintiff’s motion.

            Based on the foregoing, Plaintiff’s motion to compel discovery is granted. Responses are due within 15 days of entry of this order. Defendant is sanctioned, jointly and severally with counsel, $1,050. ($350/hr x 3 hr.) 

It is so ordered.

Dated:  September    , 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.  For more information, please contact the court clerk at (213) 633-0517.