Judge: Kevin C. Brazile, Case: 21STCV43407, Date: 2023-01-25 Tentative Ruling

Hearing Date: January 25, 2023

Case Name: Nevels v. In8Love Chiropractic, Inc., et al.

Case No.: 21STCV28808

Matter: Motions to Compel (2x)

Moving Party: Plaintiff Anna Nevels

Responding Party: Defendant Tanya Reynolds 

Notice: OK

Ruling: The Motions are 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. 

Plaintiff Anna Nevels seeks to compel Defendant Tanya Reynolds to provide responses to Plaintiff’s form interrogatories, both general and employment.  Plaintiff contends that Defendant failed to provide responses.

Defendant Tanya Reynolds contends that the Motions lack merit because she timely served responses by mail on February 18, 2022.

In Reply, Plaintiff contends that, despite inquiry, she never actually received any responses and that the objections attached to the Opposition are unverified and, therefore, tantamount to no response at all.    

Responses consisting solely of objections need not be verified.  (See, e.g., Golf & Tennis Pro Shop, Inc. v. Superior Ct. (2022) 84 Cal.App.5th 127, 135.)  Moreover, as responses have, at least now, been served, the Motions are denied as moot.

The Court will award sanctions because it seems these Motions were necessitated due to defense counsel’s lapse in communications since March 2022.  (See Hattendorf Decl. ¶¶ 5-8.)

The request for $5,077.65 and $1,577.65 in sanctions is reduced to $1,062 per Motion (2 hours at $500 per hour, plus $62 in costs).  The sanctions are against Defendant and her counsel.  

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.