Judge Kevin C. Brazile, Case 20STCV30482 2023-03-13 Tentative Ruling

TENTATIVE RULINGS

SUBMISSION INSTRUCTIONS

STANLEY MOSK COURTHOUSE, DEPARTMENT 20 - JUDGE KEVIN C. BRAZILE

Counsel may submit on the tentative ruling without appearing at the hearing by emailing Dept. 20 as soon as possible after reviewing a posted tentative. Though the Court makes every effort to post tentatives at least a day ahead of the hearing, this cannot be guaranteed due to the volume of motions. The email address is smcdept20@lacourt.org. In the subject line include:

1) The name and number of the case;
2) The word "SUBMITTING" or “NOT SUBMITTING” in all caps; and
3) The date of hearing.

In the body of the email include your name, contact information, and the party you represent (i.e. Defendant/moving party; Plaintiff/opposing party). Include all other parties on the email by "cc". Do not include any comments, questions or other information on your email.

PLEASE DO NOT call the court to submit on the tentative or to confirm receipt of your email. If you follow the instructions above, you will receive an automatic reply to your email confirming receipt of your email. If all parties submit, the tentative ruling will become the final ruling after the hearing date, the court will sign applicable orders/judgments, if any, and the final ruling will be posted online with the minute order. The moving party shall give notice of the final ruling.

If you submit on the tentative, you must immediately notify the other side by email that you will not appear at the hearing. 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 motion.

Tentative rulings are not invitations nor opportunities, to file further documents relative to the hearing in question. No such document will be considered by the Court.

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WARNING: Inappropriate use or misuse of the Court’s email or violation of these or other rules may result in sanctions, including blocking receipt of emails by that sender, after the first misuse/violation.

Ruling: The Motions to Compel Admissions and Requests for Production are GRANTED.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.

On August 11, 2020, Plaintiff A Plus Fabric (“Plaintiff”) filed this action against Sportswear Group, LLC, and Isaac Toussie (“Toussie”) for claims arising from a breach of contract.

Plaintiff seeks an order to compel Defendant Toussie to provide responses to Plaintiff’s Requests for Production of Documents and Requests for Admissions. Plaintiff also seeks sanctions in the amount of $474.00 against Defendant Toussie, for each motion.

Pursuant to California Code of Civil Procedure section 2033.280, where a party fails to timely respond to a request for admission, the propounding party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted. The party who failed to respond waives any objections to the demand, unless the court grants them relief from the waiver. (Code Civ. Proc., § 2033.280, subds. (a)(1)-(2).) The court shall grant a motion to deem admitted requests for admissions, “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220.” (Code Civ. Proc., § 2033.280, subd. (c).)

Pursuant to California Code of Civil Procedure section 2031.300, where a party fails to serve timely responses to interrogatories and requests for production, the court may make an order compelling responses. (Code Civ. Proc., § 2031.300 subd. (b).) A party that fails to serve timely responses waives any objections to the request, including ones based on privilege or the protection of attorney work product. (Code Civ. Proc., § 2031.300, subd. (a).) Unlike a motion to compel further responses, a motion to compel responses is not subject to a 45-day time limit and the propounding party has no meet and confer obligations. (Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 404.)

Where the court grants a motion to compel responses, sanctions shall be imposed against the party who unsuccessfully makes or opposes a motion to compel, unless the party acted with substantial justification or the sanction would otherwise be unjust. (Code Civ. Proc., § 2031.300 subd. (c).) Where a party fails to provide a timely response to requests for admission, “[i]t is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.” (Code Civ. Proc., § 2033.280, subd. (c).)

On April 29, 2022, Plaintiff propounded Requests for Production, Set One, and Requests for Admission, Set One on Defendant Toussie. (Kim Decl. ¶ 2.) Despite granting several extensions and attempting to meet and confer, Defendant Toussie has still failed to respond to Plaintiff’s discovery requests. (Kim Decl. ¶ 3.)

Defendants have put forward a declaration that Plaintiff failed to respond to Requests for Admissions and Requests for Production. As timely responses were not provided, the Motions to Compel are GRANTED.

Additionally, although Defendant’s motion asks the Court to compel Plaintiff’s responses, the appropriate motion for a Requests for Admission is a motion to deem the responses admitted. Thus, so long as Plaintiff has not served responses prior to the hearing date, the Court GRANTS Defendants’ motion to deem admitted Requests for Admission.

Plaintiff requests $474.00 in sanctions against Mr. Toussie for each respective motion. This amount is calculated at 0.6 hours at $390/hour, and 0.8 hours at $400/hour.

Plaintiff’s motions to compel responses to Requests for Admission and Requests for Production are GRANTED. Responses, without objection, are to be provided within thirty days.

The Court awards the requested sanctions in the amount of $474.00 for the Motion to Compel Requests for Admission.

The Court awards the requested sanctions in the amount of $474.00 for the Motion to Compel Requests for Production.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.