Judge: Jon R. Takasugi, Case: 22STCV27634, Date: 2023-06-23 Tentative Ruling

Case Number: 22STCV27634    Hearing Date: June 23, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Defendant’s motions to compel initial responses to discovery are GRANTED.  Plaintiff is sanctioned, jointly and severally, $700 per motion. 

            On 8/24/2022, Plaintiff Certified Nursing Registry, Inc. (Plaintiff) filed suit against AHMC Healthcare, Inc. (Defendant), alleging: (1) breach of contract; and (2) common counts; goods and services rendered.

            Now, Defendant moves to compel initial responses from Plaintiff to its Form Interrogatories and Requests for Production (RFPs). Defendant also moves to have its Requests for Admission (RFAs) deemed admitted.

            The motions are unopposed.

Discussion

            On 3/15/2023, Defendant served Plaintiff with discovery requests including Form Interrogatories (Set One), RFPs (Set One), and RFAs (Set One). As such, Plaintiff’s responses were due 4/17/2023. On 4/18/2023, after having received no responses, counsel for Defendant called, faxed, emailed, and mailed an attempt to meet and confer with Plaintiff’s counsel. (Chang Decl., ¶ 4,  Exhs. D, D.1, D.2.) As a professional courtesy, and despite not having any responsive communication from Plaintiff’s counsel, Defendant voluntarily gave Plaintiff an extension to respond to 5/2/2023. (Ibid.) To date, no responses have been received.

            Given Plaintiff’s non-opposition, the Court is without any substantial justification for this failure. Plaintiff is sanctioned, jointly and severally, $700 per motion. ($350/hr x 2 hrs.)

            Based on the foregoing, Defendant’s motions to compel initial responses to discovery are granted.  Plaintiff is sanctioned, jointly and severally, $700 per motion. 

It is so ordered.

Dated:  June    , 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. 

            Due to Covid-19, the court is strongly discouraging in-person appearances.  Parties, counsel, and court reporters present are subject to temperature checks and health inquiries, and will be denied entry if admission could create a public health risk.  The court encourages the parties wishing to argue to appear via L.A. Court Connect.  For more information, please contact the court clerk at (213) 633-0517.  Your understanding during these difficult times is appreciated.