Judge: Kerry Bensinger, Case: 20STCV27220, Date: 2023-02-23 Tentative Ruling

Case Number: 20STCV27220    Hearing Date: February 23, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.            INTRODUCTION

On July 20, 2022, plaintiff Desiree Joanne Harvey (“Plaintiff”) filed this action against defendants LSJ Investments, Inc. (“LSJ”), Lotus Property Services, Inc. (“Lotus”), Grand Valley Plaza, and El Taco Nazo, Inc. for general negligence and premises liability arising out injuries Plaintiff sustained after tripping and falling from a dangerous condition on the sidewalk on July 28, 2018.

On October 6, 2022, defendants LSJ and Lotus (hereinafter “Moving Defendants”) filed the instant motion to compel Plaintiff’s compliance with Moving Defendants’ Requests for Production of Documents, Set One.  No opposition has been filed.

II.          LEGAL STANDARD

If a party filing a response to a demand for inspection, copying, testing, or sampling under Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280 thereafter fails to permit the inspection, copying testing, or sampling in accordance with that party’s statement of compliance, the demanding party may move for an order compelling compliance.”  (Code Civ. Proc., § 2031.320, subd. (a).) 

The court may impose a monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct.  (Code Civ. Proc., § 2023.030, subd. (a).)  Misuses of the discovery process include failing to respond or to submit to an authorized method of discovery.  (Code Civ. Proc., § 2023.010, subd. (d).) 

III.        DISCUSSION

Here, Moving Defendants served discovery requests, including the Requests for Production of Documents, on Plaintiff on May 5, 2022.  Plaintiff provided verified responses on June 20, 2022.  Specifically, Plaintiff provided statements of compliance to all but four of Moving Defendants’ inspection demands.  However, Plaintiff produced only eight photographs of her injuries, her shoes, and the location where Plaintiff allegedly tripped and fell.  Plaintiff did not produce documentation that was responsive to her injury claims, loss of earning claims, and allegations against Moving Defendants.  Counsel for Moving Defendants emailed Plaintiff on September 15, 2022 in an attempt to meet and confer regarding the missing responsive documentation.  Plaintiff did not respond.  (See Anderson Decl., ¶¶  3-6.)  Therefore, Moving Defendants now seek an order compelling Plaintiff’s compliance with Demand for Production Nos. 1-3, 6, 8, 9, 11, 12, 16-25, 27, and 28. 

As Moving Defendants properly served the Requests for Production and Plaintiff provided verified statements of compliance to Demand Nos. 1-3, 6, 8, 9, 11, 12, 16-25, 27, and 28, the Court finds Plaintiff is entitled to an order compelling Plaintiff’s compliance to the at-issue Requests for Production.  

Monetary Sanctions

Moving Defendants request the imposition of monetary sanctions against Plaintiff and Plaintiff’s counsel of record K & L Associates, in the amount of $1,110.00 for bringing this motion and attending the hearing.  Given that Plaintiff failed to produce the requested documents after providing statements of compliance, the Court finds the imposition of monetary sanctions is warranted.  Accordingly, Moving Defendants’ request for monetary sanctions is GRANTED.  The Court notes that no opposition to the instant motion was filed.  Therefore, sanctions are imposed against Plaintiff and Plaintiff’s counsel K & L Associates, in a total reduced amount of $410.00, consisting of 2 hours of time at counsel for Moving Defendants’ rate of $175.00 and $60.00 in filing fees, to be paid within 30 days of notice of this order.

IV.         CONCLUSION

The motion is granted. 

Plaintiff Desiree Joanne Harvey is ordered to produce responsive documents to Demand Nos. 1-3, 6, 8, 9, 11, 12, 16-25, 27, and 28 in Moving Defendants’ Request for Production of Documents, Set One, within 30 days of the date of notice of this order.

The Court orders Plaintiff Desiree Joanne Harvey and her attorney of record, K & L Associates to pay, jointly and severally, $410.00 in monetary sanctions to Moving Defendants within 30 days of the date of notice of this order. 

Moving party to give notice.

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.

                                                                 Dated this 23rd day of February 2023