Judge: Jon R. Takasugi, Case: 23STCV28773, Date: 2025-02-10 Tentative Ruling

Case Number: 23STCV28773    Hearing Date: February 10, 2025    Dept: 17

Superior Court of California

County of Los Angeles

 

DEPARTMENT 17

 

TENTATIVE RULING

 

CHRISTIAN BROCE

                          

         vs.

 

MICHAEL MORELLI

 

                                         

 Case No.:  23STCV28773

 

 

 

 Hearing Date:  February 10, 2025

 

Plaintiff’s motion to compel Defendant to provide responses to his Form Interrogatories is GRANTED. Responses are due in 10 days.

 

Plaintiff’s request to have his RFAs deemed admitted is GRANTED.

 

Defendant is sanctioned, jointly and severally with counsel, $700 per motion, payable within 30 days.

 

On 11/27/2023, Plaintiff Christian Broce (Plaintiff) filed suit against Michael Steven Morelli (Defendant), alleging: (1) libel; (2) slander; (3) stalking; and (4) violation of the Bane Act.

 

            On 1/8/2025, Plaintiff moved to compel Defendant to provide responses to his Form Interrogatories and his Requests for Admission (RFAs) (collectively, Subject Discovery).

 

            The motions are unopposed.

 

Discussion

 

            On 12/3/2024, Plaintiff served Defendant with the Subject Discovery. To date, no responses have been provided. The Court takes Defendant’s non-opposition to be a concession to the motion on the merits.

 

            Given Defendant’s non-opposition, the Court is without substantial justification for this failure, and sanctions are warranted.

 

            Based on the foregoing, Plaintiff’s motion to compel Defendant to provide responses to his Form Interrogatories is granted. Plaintiff’s request to have his RFAs deemed admitted is granted. Defendant is sanctioned, jointly and severally with counsel, $700 per motion. ($350/hr x 2 hr.)

 

 

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.