Judge: Kerry Bensinger, Case: 20STCV49879, Date: 2023-08-25 Tentative Ruling

Case Number: 20STCV49879    Hearing Date: August 25, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:      August 25, 2023                            TRIAL DATE:  October 31, 2023

CASE:                                Fernando Higuita v. Alyssa Jade Hernandez

CASE NO.:                 20STCV49879

MOTIONS TO COMPEL DISCOVERY RESPONSES

MOVING PARTY:               Plaintiff Fernando Higuita

RESPONDING PARTY:     Defendant Alyssa Jade Hernandez

            On February 14, 2023, Plaintiff, Fernando Higuita, filed these motions to compel Defendant, Alyssa Jade Hernandez, to provide discovery responses to Set One of Plaintiff’s Form Interrogatories, Special Interrogatories, and Request for Production of Documents. Plaintiff seeks sanctions against Defendant.

On August 14, 2023, Defendant filed one Opposition, stating that verified discovery responses were served on June 13, 2023.  Defense counsel requests that sanctions be imposed against defense counsel only.

Plaintiff has not filed a Reply.

Based on the foregoing it is undisputed Defendant provided verified responses to Plaintiff’s discovery.  As such, these motions are MOOT.  Further, Defendant concedes the verified responses were served late.  Sanctions are therefore warranted.  Pursuant to defense counsel’s request, sanctions are imposed against defense counsel only in the amount of $1,365, consisting of three hours at plaintiff’s counsel’s hourly rate and $180 in filing fees.  Sanctions are to be paid within 30 days of this order.

Moving party to give notice, unless waived. 

Dated:   August 25, 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.