Judge: Kevin C. Brazile, Case: 21STCV40853, Date: 2023-03-03 Tentative Ruling

Hearing Date: March 3, 2023

Case Name: Pawlowicz v. Casta Construction, Inc., et al.

Case No.: 20STCV44984

Matter: Motion to Compel Further Responses 

Moving Party: Defendant Casta Construction, Inc.

Responding Party: Defendant Salvador Arambula 

Notice: OK

Ruling: The Motion is denied.  The Court awards reduced sanctions.

Moving party to give notice.

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 November 23, 2020, Plaintiff Jamie Pawlowicz filed the operative Complaint for (1) battery, (2) negligent hiring, retention, and supervision, and (3) premises liability.  Plaintiff alleges that his coworkers at a construction site battered him after a verbal altercation.

Defendant Casta Construction, Inc. (“CCI”) seeks an order compelling Defendant Salvador Arambula to provide a further response to its request for production, set one, no. 1.

On February 24, 2023, Arambula filed a late Opposition, contending that CCI’s “motion is moot given that Mr. Arambula produced the complete insurance policy to counsel back in December 2023, and Mr. Ramirez was entitled to rely upon the representations of his client that (1) he had provided him and counsel for Casta Construction with everything that he had in his possession, Custody or control, and (2) that he had no insurance applicable to this action.”

The request at issue states, “Produce YOUR complete INSURANCE POLICY in effect at the time of the INCIDENT [identified as Policy No. PCA5014-PC332333 in Exhibit ‘A’ attached hereto]”.

Given that the subject insurance policy has apparently been produced (see Ramirez Decl., Exhibit A), the Motion to Compel is denied as moot.  

The Court will award reduced sanctions in the amount of $1,200 because Arambula’s initial response that he did not possess a complete insurance policy was obstructive.  

Moving party to give notice.

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.