Judge: Lee S. Arian, Case: 22STCV8869, Date: 2024-12-17 Tentative Ruling

Case Number: 22STCV8869    Hearing Date: December 17, 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: MOTIONS ARE MOOT BUT SANCTIONS GRANTED

These motions concern Defendant’s Request for Admissions, set one, and Requests for Documents, set one. The parties do not dispute that Plaintiff provided further responses. The motions are therefore moot. However, Defendant contends that because the motions were served after the moving party filed their motions to compel further, the issue of sanctions remains. Plaintiff makes a number of arguments why sanctions are not appropriate, including, among others, that separate statements were not provided and no meet and confer efforts were made.  The Court is unpersuaded by these arguments., Sanctions are appropriate to compensate defense counsel for having drafted the motion. Defendant requests sanctions in the amount of $760 per motion.  Given that the motions are simple and somewhat duplicative, the Court grants sanctions of $1,000.  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.