Judge: Lee S. Arian, Case: 22STCV28869, Date: 2024-12-16 Tentative Ruling

Case Number: 22STCV28869    Hearing Date: December 16, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27 

MOTION TO COMPEL FURTHER

Hearing Date: 12/16/24¿ 

CASE NO./NAME: 22STCV28869 WENDY ARIAS vs 12306 GALE, LLC

Moving Party: Defendant 12306 Gale, LLC

Responding Party: Plaintiff¿ 

Notice: Sufficient¿ 

Ruling: MOTION IS MOOT BUT SANCTIONS GRANTED

This motion concerns Defendant’s form interrogatories, set one, and special interrogatories, set one. The parties do not dispute that the further responses at issue were served on November 12, 2024. The motion is therefore moot. However, Defendant contends that because the motion was served after the moving party filed their motions to compel further, the issue of sanctions remains. Evidence shows that the motion was filed around 4:08 PM, while the further responses were served approximately 2 hours after the motion was filed. Further, Defendant states that no information was provided that further responses were forthcoming prior to or on November 12, 2024. Therefore, sanctions are appropriate to compensate defense counsel for having drafted the motion. Defendant requests sanctions in the amount of $960, which the court finds reasonable. Sanctions are ordered against Plaintiff and her counsel, jointly and severally, payable to Defendant within 20 days from today.

PLEASE TAKE NOTICE:

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.

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.

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.