Judge: Jon R. Takasugi, Case: 22STCV24139, Date: 2024-11-20 Tentative Ruling

Case Number: 22STCV24139    Hearing Date: November 20, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s motion to compel responses to her Form Interrogatories (Set One) is GRANTED. Defendant is sanctioned, jointly and severally with counsel, $1,750.00, payable within 30 days.

            On 7/26/2023, Kelly Pessis, an individual and as Trustee of the Yeti Trust, and Steven Breese, an individual and as Trustee of the Yeti Trust (collectively, Plaintiffs), filed suit against Commonwealth Land Title Insurance Company (Defendant), alleging: (1) professional negligence; and (2) negligent misrepresentation.

            On 1/16/2024, Plaintiff substituted Lawyers Title Company for Doe #1.

            On 8/19/2024, Plaintiff Kelly Pessis (Plaintiff) moved to compel responses from Defendant Lawyers Title Company (Defendant) to her Form Interrogatories (Set One). Plaintiff seeks monetary sanctions in connection with the motion.

            The motion is unopposed.

Discussion

 On 6/6/2024, Plaintiff propounded Form Interrogatories (Set One) on Defendant. To date, no responses have been received. Plaintiff’s counsel also submitted a declaration setting forth communications with Defendant’s counsel which show that counsel is aware of the outstanding discovery, and has repeatedly represented that he would provide responses, only to continually fail to do so.

Defendant failed to oppose this motion and thus has not set forth any facts which could justify this failure.

Based on the foregoing, Plaintiff’s motion to compel responses to her Form Interrogatories (Set One) is granted. Defendant is sanctioned, jointly and severally with counsel, $1,750.00. ($350/hr x 5 hr.)

It is so ordered.

Dated:  November    , 2024

   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.