Judge: Lee S. Arian, Case: 21STCV12311, Date: 2024-01-02 Tentative Ruling

Case Number: 21STCV12311    Hearing Date: January 5, 2024    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

          On March 30, 2020, Plaintiff Jerry Martinez (“Plaintiff”) filed this action against Defendants Demariz Vizvett, Wendi Johnson, Matthew Johnson for injuries arising from a motor vehicle accident.

On March 24, 2023, Defendant Damaris Vizvett (“Defendant”) served Request for Production of Documents, Sets One, on Plaintiff.  Having received no responses, Defendant proceeded to file this motion compelling Plaintiff to provide responses. Defendant also requests monetary sanctions.

          Compel Responses

Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses.  (Code Civ. Proc., §§ 2030.290, 2031.300; Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.)   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., §§ 2030.290, subd. (a), 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.  (Sinaiko Healthcare Consulting, Inc., supra, 148 Cal.App.4th at p. 404.)

Plaintiff has opposed the motion and sent responses. Accordingly, the motion to compel responses is MOOT.

Monetary Sanctions

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., § 2030.290, subd. (c).) 

Defendant’s request for sanctions is GRANTED, but only against counsel of record. The opposition makes clear that counsel is responsible for the late served responses. Plaintiff allowed extensions for responses and met and conferred regarding the responses. As counsel’s conduct necessitated motion practice, sanctions are warranted. Sanctions are imposed against Plaintiff’s counsel of record in the amount of $220 for 1 hour at Defendant’s counsel’s hourly rate of $160 and $60 in filing fees, to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that 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 matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.

Dated this 5th day of January 2024