Judge: Lee S. Arian, Case: 23STCV02001, Date: 2024-11-18 Tentative Ruling



Case Number: 23STCV02001    Hearing Date: November 18, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27 

 

MOTIONS TO COMPEL INITIAL RESPONSES AND REQUESTS FOR SANCTIONS

Hearing Date: 11/18/24¿ 

CASE NO./NAME: 23STCV02001 BRYSON PHINALI ARRINGTON vs SOUTHERN CALIFORNIA GAS COMPANY et al.

Moving Party: Defendant L.A. Harvard Property LLC

Responding Party: Unopposed

Notice: Sufficient¿ 

Ruling: GRANT

 

On January 22, 2024, Defendant L.A. Harvard Property LLC served Form Interrogatories, Set One, Special Interrogatories, Set One, and Requests for Production, Set One, on Plaintiff, who is now appearing in pro per. On July 24, 2024, Defendant served Form Interrogatories, Set Two, Requests for Production, Set Two, and Requests for Admissions, Set One on Plaintiff. Plaintiff did not serve any responses to Defendant’s discovery requests or respond to Defendant’s meet-and-confer efforts. Defendant now moves the Court to compel initial responses. No opposition was filed.

It is undisputed that Plaintiff did not serve the discovery responses at issue prior to the statutory deadline. Further, no opposition was filed, and no other filing indicates that responses were served prior to the hearing. Thus, the motions are granted. Plaintiff is ordered to provide complete and verified responses to Defendant L.A. Harvard Property LLC’s Form Interrogatories, Set One and Set Two, Requests for Production, Set One and Set Two, and Special Interrogatories, Set One, without objections, within 20 days of today. Further, the contents of Defendant’s Requests for Admissions, Set One, are deemed admitted.

Defendant requests $1,685.00 in sanctions for each motion. Sanctions are mandatory, and the Court finds Plaintiff did not act with substantial justification. However, due to the straightforwardness of the issue, the Court reduces sanctions to $3,500 for all six motions. Plaintiff is ordered to pay sanctions to Defendant L.A. Harvard Property LLC within 20 days of 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.