Judge: Jon R. Takasugi, Case: 24STCV22144, Date: 2025-05-12 Tentative Ruling

Case Number: 24STCV22144    Hearing Date: May 12, 2025    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s motion to compel initial responses to Form Interrogatories—General (Set One) is DENIED, WITHOUT PREJUDICE. Accordingly, the Court declines to award sanctions at this time.

 Plaintiff is to seek the entry of default.

            On 8/29/2024, Plaintiff Clemente Jimenez (Plaintiff) filed suit against R&P Finishing, Inc. and Ivan Rosas Ramirez, alleging: (1) unsafe workplace violations; (2) failure to provide meal and rest periods; (3) failure to pay wages; (4) failure to pay overtime; (5) failure to furnish compliant wage statements; (6) waiting time penalties; (7) unfair business practices; (8) whistleblower violations; (9) retaliation; and (10) civil penalties under PAGA.

            On 4/14/2025, Plaintiff moved to compel Defendant R&P Finishing (Defendant) to provide initial responses to Plaintiff’s Form Interrogatories—General (Set One). Plaintiff seeks monetary sanctions in connection with the motion.

            The motion is unopposed.

Discussion

            On 12/3/2024, Plaintiff served Defendant with Form Interrogatories—General (Set One). To date, Defendant has not responded, nor has Defendant opposed this motion.

            However, Defendant has not filed a code-compliant responsive pleading and thus has not properly appeared in this action. While two answers were filed on 10/2/2024, presumably on behalf of both Defendants, the answer filed on behalf of R&P Finishing, Inc. was submitted by Defendant Ivan Rosas Ramirez. A corporation cannot represent itself in court, either in propria persona or through an officer or agent who is not an attorney. (Merco Constr. Engineers, Inc. v. Municipal Court (1978) 23 Cal.3d 724.)

Based on the foregoing, Defendant’s motion to compel initial responses to Form Interrogatories—General (Set One) is denied without prejudice. Plaintiff is to seek the entry of default.  

It is so ordered.

Dated:  May    , 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.