Judge: Kerry Bensinger, Case: 19STCV01071, Date: 2023-08-11 Tentative Ruling

Case Number: 19STCV01071    Hearing Date: August 11, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     August 11, 2023                                 TRIAL DATE:  October 26, 2023

CASE:                                Rosa Olivares v. Industry Hills Expo Center, et al.

CASE NO.:                 19STCV01071

MOTION TO COMPEL RESPONSE TO REQUEST FOR STATEMENT OF DAMAGES

MOVING PARTY:               Defendant City of Industry

RESPONDING PARTY:     No opposition

I.          BACKGROUND

On January 14, 2019, Plaintiff, Rosa Olivares, filed this action against Defendants, Industry Hills Expo Center, City of Industry, City of La Puente, City of Los Angeles, and County of Los Angeles, for injuries arising from a trip and fall on a raised portion of a sidewalk.  The First Amended Complaint, filed on June 25, 2021, is the operative pleading.

On January 6, 2023, City of Industry (hereinafter, “Defendant”) served Plaintiff with a Request for Statement of Damages.  However, to date, Plaintiff has not responded to the request.

On March 10, 2023, Defendant filed this motion to compel Plaintiff to respond to the Request for Statement of Damages within 5 days of the Court’s order.  Defendant further requests that the Court dismiss Plaintiff’s Complaint if Plaintiff refuses to respond to the Request for Statement of Damages.

The motion is unopposed.

II.        LEGAL STANDARD

            When a complaint to recover for personal injuries is filed, the defendant may at any time request a statement of damages and the Plaintiff shall serve a response within 15 days.  If a response is not served, the defendant, on notice to the plaintiff, may petition the court to order the plaintiff to serve a responsive statement.  (Code of Civ. Proc., § 425.11, subd. (b).)

III.       DISCUSSION

            It is undisputed that Plaintiff failed to respond to Defendant’s Request for a Statement of Damages.  Accordingly, the Motion to compel Plaintiff to provide a statement of damages is GRANTED. 

IV.       CONCLUSION

            The motion is granted.  Plaintiff is ordered to serve a responsive statement of damages on Defendant within five (5) days of the date of this Order.  If Defendant seeks to dismiss Plaintiff’s Complaint, Defendant is directed to bring a separate, noticed motion.

Moving party to give notice. 

Dated:   August 11, 2023                                          ___________________________________

                                                                                    Kerry Bensinger

                                                                                    Judge of the Superior Court

            Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.