Judge: Jon R. Takasugi, Case: 22STLC05720, Date: 2024-11-14 Tentative Ruling

Case Number: 22STLC05720    Hearing Date: November 14, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s motion for an order directing that Defendant has waived any and all objections in any responses to Plaintiffs’ Production of Documents (Set One) and Plaintiffs’ General Form Interrogatories is GRANTED. Defendant is sanctioned, jointly and severally with counsel, $2,800, due within 30 days of entry of this order.

On 8/30/2022, Animal Wellness Action and the Center for a Humane Economy (collectively, Plaintiffs) filed suit against Ojogho American Enterprises, Inc. dba Soccer Shop USA (Defendant), seeking injunctive relief.

On 9/13/2024, Plaintiffs moved for sanctions against Defendant.

The motion is unopposed.

Discussion

            Plaintiff seeks sanctions based on Defendant’s failure to comply with this Court’s 4/18/2024 Order to provide responses to initial discovery within 30 days. To date, no discovery responses have been provided, nor has any portion of the monetary sanctions awarded been paid.

            In light of this failure, Plaintiff requests that Court impose a sanction directing that Defendant has waived any and all objections in any responses to Plaintiffs’ Production of Documents (Set One) and Plaintiffs’ General Form Interrogatories. Plaintiff also requests additional and higher monetary sanctions.

            Defendant’s failures, which include opposing this motion, indicate that Defendant is either unwilling or unable to litigate this action. The Court takes Defendant’s failure to oppose as a concession on the merits.

Based on the foregoing, Plaintiff’s motion for an order directing that Defendant has waived any and all objections in any responses to Plaintiffs’ Production of Documents (Set One) and Plaintiffs’ General Form Interrogatories is granted. Defendant is sanctioned, jointly and severally with counsel, $2,800, due within 30 days of entry of this order.

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.