Judge: Jon R. Takasugi, Case: 24STCV10981, Date: 2024-12-30 Tentative Ruling

Case Number: 24STCV10981    Hearing Date: December 30, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s motions to compel further responses to his Special Interrogatories (Set One) and his RFPs (Set One) are GRANTED. Defendant is sanctioned, jointly and severally with counsel, $3,010 payable within 60 days.

On 5/1/2024, Plaintiff Jacob C. Simpson (Plaintiff) filed suit against Sunset Athletic Club, LLC dba Monarch Athletic Club and Dr. Ryan M. Greene (collectively, Defendants), alleging: (1) untimely payment of final wages; (2) failure to provide accurate itemized wage statements; (3) breach of written contract; (4) intentional misrepresentation; and (5) negligent misrepresentation.

            On 11/20/2024, Plaintiff moved to compel Defendant Sunset Athletic Club, LLC dba Monarch Athletic Club (Defendant) to provide further responses to his Special Interrogatories (Set One) and his Requests for Production (RFPs) (Set One). 

Discussion

            Plaintiff argues that Defendant’s responses to his Special Interrogatories (Set One) and his RFPs (Set One) are deficient.

            After review, the Court agrees. 

            In opposition, Defendant contends that it is “now in the process of amending all discovery responses at issue in the December Motions to Compel” and intends to “file a supplemental declaration prior to the hearing on this motion informing the Court that this has been done.” (Opp., 2: 21-24.)

            Defendant offers no persuasive explanation as to why this production was not, or could not, be completed sooner. Moreover, Defendant does not contend that its responses would be compliant without supplementation. Indeed, as of two Court days before the hearing, no declaration has been filed indicating that the production has been made. As such, regardless of whether or not the production is completed, the Court was required to expend resources to prepare for this motion, and it is unclear whether or not the Court will be provided an opportunity to review whether or not Defendant’s eventual production is sufficient. As such, this motion was necessary and sanctions must be imposed. (CCP § 2031.310(h).)

            Based on the foregoing, Plaintiff’s motions to compel further responses to his Special Interrogatories (Set One) and his RFPs (Set One) are granted. Defendant is sanctioned, jointly and severally with counsel, $3,010, the full amount requested.

It is so ordered.

Dated:  December    , 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.