Judge: Jon R. Takasugi, Case: 23STCV09942, Date: 2025-02-18 Tentative Ruling

Case Number: 23STCV09942    Hearing Date: February 18, 2025    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s motions to compel further responses to the Subject Discovery are GRANTED. Defendant is each sanctioned, jointly and severally with counsel, $700 per motion, due within 30 days of entry of this order.

On 5/4/2023, Plaintiff Toni Occhiello (Plaintiff) filed suit against John Semerz and 1254 Detroit LLC, alleging: (1) tenant harassment; (2) violation of FEHA; (3) violation of the California Disabled Persons Act; (4) wrongful/retaliatory eviction; and (5) breach of contract. 

            On 10/15/2024, Plaintiff moved to compel further discovery responses as follows (hereinafter, referred to collectively as the Subject Discovery): (1) Requests for Production (RFPS) as to Defendant 1254 Detroit LLC (Detroit); (2) Requests for Production (RFPS) as to Defendant John Semerc (Semerc); (3) Form and Special Interrogatories as to Detroit; and (4) Form Interrogatories as to Semerc.

            The motions are unopposed.

Discussion

            On 6/21/2024, Plaintiff served the Subject Discovery. On 8/27/2024, Defendants provided responses. Each of the responses consisted of objections, and were not as complete or straightforward as possible. (CCP § 2030.220, subd. (a).)  

            Defendants did not oppose this motion and thus have not provide any factual or legal support for their objection-based responses. The Court takes their non-opposition to be a concession to all four motions on the merits.

Moreover, given Defendants’ non-opposition, the Court is without substantial justification for the failure to respond. Accordingly, sanctions are appropriate.

            Based on the foregoing, Plaintiff’s motions to compel further responses to his Subject Discovery are granted. Defendant is each sanctioned, jointly and severally with counsel, $700 per motion ($350/hr x 2), due within 30 days of entry of this order.

It is so ordered.

Dated:  February    , 2025

   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.