Judge: Kerry Bensinger, Case: BC717477, Date: 2023-03-17 Tentative Ruling

Case Number: BC717477    Hearing Date: March 17, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.                   INTRODUCTION

On August 10, 2018, plaintiff Jose Luis Gonzalez (“Plaintiff”) filed this action against defendants Jose Echevarria (“Echevarria”), Jasmine Ruiz, Juan Gonzalez, and Ilario Ruiz, arising out of an August 10, 2016 motor vehicle collision.          

On December 16, 2019, Jasmine Ruiz and Ilario Ruiz filed a cross-complaint against Jose Echevarria and Juan Gonzalez.

On July 6, 2021, Echevarria filed a cross-complaint against Jasmine Ruiz and Ilario Ruiz.

On February 17, 2023, Echevarria filed the instant motion to compel Jasmine Ruiz and Ilario Ruiz’s responses to Special Interrogatories, Set One.  

No opposition has been filed.

II.                LEGAL STANDARDS

A.    Initial Discovery Responses

If a party to whom interrogatories and inspection demands were directed fails to serve a timely response, the propounding party may move for an order to compel responses without objections.  (Code Civ. Proc., §§ 2030.290, subd. (b), 2031.300, subd. (b).)  Moreover, failure to timely serve responses waives objections to the requests. (Code Civ. Proc., §§ 2030.280, subd. (a), 2030.290, subd. (a), 2031.300, subd. (a).) 

B.     Sanctions

Code of Civil Procedure section 2023.030 is a general statute authorizing the Court to impose discovery sanctions for “misuse of the discovery process,” which includes (without limitation) a variety of conduct such as: making, without substantial justification, an unmeritorious objection to discovery; making an evasive response to discovery; and unsuccessfully and without substantial justification making or opposing a motion to compel or limit discovery.  (Code Civ. Proc., § 2023.010.)

If sanctions are sought, Code of Civil Procedure section 2023.040 requires that the notice specify the identity of the person against whom sanctions are sought and the type of sanction requested, that the motion be supported in the points and authorities, and the facts be set forth in a declaration supporting the amount of any monetary sanction.

If the court finds that a party has unsuccessfully made or opposed a motion to compel responses to interrogatories or inspection demands, the court “shall impose a monetary sanction . . . unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.”  (Code Civ. Proc., §§ 2030.290, subd. (c), 2031.300, subd. (c).)¿¿

III.             DISCUSSION

Upon review of the moving papers, it is unclear to the Court to whom this motion is addressed.  The notice of motion indicates that Echevarria seeks an order compelling Jasmine Ruiz and Ilario Ruiz to respond to Echevarria’s Special Interrogatories, Set One.  However, the motion and supporting declaration concern discovery requests propounded on Plaintiff Jose Luis Gonzalez.

Even assuming this motion seeks to compel Jasmine Ruiz and Ilario Ruiz’s discovery responses, it is unclear whether Jasmine and Ilario were properly served with the at-issue discovery or notice of this motion.  The proofs of service indicate a “Robert Benjamin Carl, Esq.” was electronically served on behalf of Jasmine Ruiz and Ilario Ruiz at “legal-mail@fredloya.com”.  According to the Court’s file, counsel of record for Jasmine Ruiz and Ilario Ruiz is Joseph Kang.  Mr. Kang’s email address is joseph.kang@fredloya.com.

IV.             CONCLUSION

Based on the foregoing, the motion is denied.

Moving parties 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 17th day of March 2023