Judge Kristin S. Escalante , Case 19STCV31941 2023-03-22 Tentative Ruling

Judge: Kristin S. Escalante , Case: 19STCV31941, Date: 2023-03-22 Tentative Ruling

DEPARTMENT 24 - LAW AND MOTION RULINGS

Submission Instructions.

1. Please notify the courtroom staff by email not later than 4:00 p.m. the day before the hearing if you wish to submit on the tentative ruling rather than argue the motion. The email address is SMCDEPT24@lacourt.org. Please do not use any other email address. You must cc all other parties on the email.

2. Include the word "SUBMISSION" in all caps in the Subject line and include your name, contact information, case name and number, date of hearing and the party you represent in the body of the email. 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 motions

3. OFF-CALENDAR should appear in all caps in the Subject line where all parties have agreed to have a motion placed off-calendar and parties are ordered to cancel the reservation on CRS.

4. If all parties submit, the tentative ruling will become the final ruling after the hearing date. The moving party shall give notice of the final ruling.

5.Tentative rulings are not invitations or opportunities to file further documents relative to the hearing before the Court. Said document(s) will not be considered by the Court.

NATURE OF PROCEEDINGS: Hearing on Motion to Compel Motion to Compel Production of Documents and written responses to Plaintiff Scott's Demands; Hearing on Motion to Compel Motion to Compel discovery responses without objections to Plaintiff Scott's Supplemental and Special Interrogatories

The Court has read the moving papers in the above-captioned motions and announces its tentative rulings in open Court.

The Motion to Compel Defendant Paul Sado to produce documents and written responses, without objection, to supplemental demand and second set of demands; reservation no.: 014028375179 filed by Plaintiff Zelia Scott on 02/15/2023; and the Motion to Compel Defendant Paul Sado to provide complete responses, without objection, to supplemental Interrogatory and Second Set of Special Interrogatories; reservation no.: 758408131861 filed by Plaintiff Zelia Scott on 02/15/2023 are GRANTED in part.

Defendant Paul Sado is ordered to provide Plaintiff Zelia Scott verified code compliant responses without objections to Plaintiff’s first supplemental demand for production and to Plaintiff’s request for production, set two.

Defendant Paul Sado is ordered to provide Plaintiff Zelia Scott verified code compliant responses without objections to Plaintiff’s supplemental demand for special interrogatories and to Plaintiff’s special interrogatories, set two.

The court imposes sanctions in the reduced amount of $920 (for two motions) on Defendant Paul Sado payable to Defendant Zelia Scott upon notice of this order.

Plaintiff Zelia Scott (“Plaintiff”) moves for an order compelling Defendant Paul Sado (“Sado”) to (i) provide written responses, without objection and to produce all documents responsive to Plaintiff’s First Supplemental Demand for Production (“Supp RFP”), (ii) provide written responses, without objection and to produce all documents responsive to Plaintiff’s Request for Production, set two (“RFP, S2”), (iii) provide written responses, without objection to Plaintiff’s First Supplemental Interrogatory (“Supp Roggs”), and (iv) provide written responses, without objection to Plaintiff’s Special Interrogatories, set two (“Sp. Roggs, S2”). Plaintiff also moves for sanctions in the amount of $2,900 for each motion. Defendant does not oppose the motions.

On December 23, 2022, Plaintiff served Supp RFPs and RFP, S2 on the address Defendant provided in his substitution of attorney form. (Bloch RFP Decl., ¶¶3-4.) Plaintiff also served a Supp Roggs and Sp. Roggs, S2 on the same address Defendant provided in his substitution of attorney form. (Bloch Rogg Decl., ¶¶3-4.) All of the requests were returned with a forwarding address in New York City. (Bloch RFP Decl., ¶5; Bloch Rogg Decl., ¶5.) On January 11, 2023, Plaintiff re-served all of the discovery on the New York address. (Bloch RFP Decl., ¶6; Bloch Rogg Decl., ¶6.)

When a party fails to timely respond to validly served discovery, the serving party may move for an order to compel discovery responses and sanctions. (Code Civ. Proc., §§ 2030.290, subd. (b) [Interrogatories], 2031.300 [RFP], 2033.280 subd. (b) [RFA].) While sanctions are mandatory the court may waive them in the interest of justice where the non-party on motion to compel RFPs or interrogatories provides responses prior to the hearing. (Code Civ. Proc., §§ 2030.290, subd. (b) [Interrogatories], 2031.300 [RFP].)

Plaintiff properly served Defendant at his address on file with the court and at the addressed the United States Post Service provided as Defendant’s forwarding address when the discovery was returned to sender. The last possible date Plaintiff served the discovery by mail was January 11, 2023. Thus, Defendant had until February 15, 2023, to respond. At present Defendant has not responded. Plaintiff is entitled to discovery responses. The court grants both motions. Further, considering Defendant’s lack of opposition to either motion, the court finds no grounds to waive sanctions in the interest of justice. The court grants sanctions in the reduced amount of $460 for each motion.