Judge Lee S. Arian, Case Number: 21STCV02938, Date: 2024-01-24 Tentative Ruling

Judge: Lee S. Arian, Case: 21STCV02938, Date: 2024-01-24 Tentative Ruling

Case Number: 21STCV02938 Hearing Date: March 12, 2024 Dept: 27

Complaint Filed: 1/25/2021

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Hon. Lee S. Arian¿¿¿

Department 27¿¿¿

Tentative Ruling¿¿¿

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Hearing Date: 3/12/2024 at 1:30 p.m.¿¿¿

Case No./Name: 21STCV02938 HEDYEH HAMEDANIZADEH vs CITY OF LOS ANGELES, et al.

Motion: MOTION TO COMPEL SPECIAL INTERROGATORIES RESPONSES, SET ONE

Moving Party: Plaintiff

Responding Party: Defendant GLENOAKS BUSINESS PARK

Notice: Sufficient¿¿¿

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Ruling: PLAINTIFF’S MOTION TO COMPEL SPECIAL INTERROGATORIES, SET ONE, IS GRANTED.

BACKGROUND¿¿¿

On January 25, 2021, Plaintiff filed the present premises liability case. On November 18, 2021, Plaintiff served Defendant with Special Interrogatories Set One. Plaintiff then gave Defendant numerous extensions. On September 22, 2022, defense counsel stated that they would provide the discovery responses at issue, but none were provided. Plaintiff reached out again on November 2, 2023, and defense counsel stated that he would look into it, but no explanation or responses were provided. Plaintiff now moves the court, compelling Defendant to provide initial responses to Plaintiff’s Special Interrogatories, Set One. No opposition to the motion was filed.

ANALYSIS

A plaintiff may make a demand for production of documents and propound interrogatories without leave of court at any time 10 days after the service of the summons on, or appearance by, the party to whom the demand is directed, whichever occurs first. (Code Civ. Proc., § 2031.020, subd. (b); Code Civ. Proc., § 2030.020, subd. (b).) The demand for production of documents is not limited by number, but the request must comply with the formatting requirements in Code Civ. Proc., § 2031.030. A party may propound 35 specially prepared interrogatories that are relevant to the subject matter of the pending action and any additional number of official form interrogatories that are relevant to the subject matter of the pending action. (Code Civ. Proc., § 2030.030, subd. (a)(1) - (a)(2).)¿¿

The party whom the request is propounded upon is required to respond within 30 days after service of a demand, but the parties are allowed to informally agree to an extension and confirm any such agreement in writing. (Code Civ. Proc., § 2031.260, subd. (a); Code Civ. Proc., § 2030.260, subd. (a); Code Civ. Proc., § 2031.270, subd. (a) - (b); Code Civ. Proc., § 2030.270, subd. (a) - (b).)¿¿

If a party fails to timely respond to a request for production or interrogatories, the party to whom the request is directed waives any right to exercise the option to produce writings under Code Civ. Proc., § 2030.230, and waives any objection, including one based on privilege or on the protection for work product. (Code Civ. Proc., § 2031.300, subd. (a); Code Civ. Proc., § 2030.290, subd. (a).)¿¿¿

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Code of Civil Procedure section 2023.030, subdivision (a) provides, in pertinent part, that the court may impose a monetary sanction on a party engaging in the misuse of the discovery process to pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct. A misuse of the discovery process includes failing to respond or submit to an authorized method of discovery. (Code Civ. Proc., § 2023.010, subd. (d).)¿¿¿A court has discretion to fix the amount of reasonable monetary sanctions. (Cornerstone Realty Advisors, LLC v. Summit Healthcare Reit, Inc. (2020) 56 Cal.App.5th 771, 791.)¿¿¿¿

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Defendant did not serve timely initial responses to Plaintiff’s Special Interrogatories Set one despite Plaintiff giving Defendant numerous extensions. Plaintiff latest inquiry was in November 2023, but Defendant failed to provide an explanation or discovery responses. Since no opposition was filed, Defendant failed to show that discovery responses were ever served before the date of the hearing.¿

Accordingly, Plaintiff’s motion to compel is GRANTED and Defendant GLENOAKS BUSINESS PARK is hereby ORDERED to provide discovery responses without objections within 30 days of today.

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¿PLEASE TAKE NOTICE:¿¿¿¿¿¿¿¿

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If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept27@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.¿¿¿¿¿¿¿¿¿¿

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Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.¿¿¿¿¿¿¿¿¿¿

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If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.¿¿¿¿¿¿¿¿¿

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