Judge: Lee S. Arian, Case: 23STCV06505, Date: 2025-02-18 Tentative Ruling
Case Number: 23STCV06505 Hearing Date: February 18, 2025 Dept: 27
SUPERIOR COURT OF
THE STATE OF CALIFORNIA
FOR THE COUNTY OF
LOS ANGELES - CENTRAL DISTRICT
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MAHOGANY WILLIAMS Plaintiff, vs. JI SHIM, et al Defendants. |
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[TENTATIVE RULING] MOTION TO COMPEL
INITIAL RESPONSES IS GRANTED Dept. 27 1:30 p.m. February 18, 2025 |
On
May 28, 2024, Plaintiff served Defendant Ji Shim with Form Interrogatories (Set
One). Defendant’s responses were due by July 2, 2024. Plaintiff subsequently
re-served the discovery request via email, which Defendant had previously
indicated in a court proceeding was her preferred method of receiving service
and communication. As of January 16, 2025, Plaintiff’s counsel has not received
any response the discovery at issue. Plaintiff now moves the Court to compel
initial responses.
Defendant
has not filed an opposition or any other document indicating that the responses
have been served. Accordingly, Plaintiff’s motion is granted. Defendant is
ordered to provide complete and verified responses to Plaintiff’s Form
Interrogatories (Set One) within 20 days of today.
Plaintiff
requests sanctions in the amount of $875, which the Court finds reasonable
given that Defendant failed to respond for nine months despite Plaintiff
reserving the discovery requests using Defendant’s preferred method of service.
The court finds that Defendant did not act with substantial justification.
Sanctions are imposed against Defendant SHIM in the amount of $875, payable to
Plaintiff within 20 days of today.
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’s 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.
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Hon. Lee S. Arian Judge of the Superior Court |