Judge: Lee S. Arian, Case: 23STCV09150, Date: 2024-12-06 Tentative Ruling

Case Number: 23STCV09150    Hearing Date: December 6, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27

 

MOTION TO COMPEL INITIAL RESPONSES AND DEPOSITION

Hearing Date: 12/6/24 

CASE NO./NAME: 23STCV09150 ERIK ALCATRAZ-GONZALEZ, et al. vs JOSE LUIS AGUIRRE

Moving Party: Defendant Jose Luis Aguirre

Responding Party: Unopposed

Notice: Sufficient

 

Ruling: GRANTED 

 

On June 12, 2024, Defendant Jose Luis Aguirre propounded Form Interrogatories, Special Interrogatories, and a Request for Production of Documents, Sets One, to Plaintiff Erik Alcatraz-Gonzalez. Plaintiff’s counsel requested several extensions to respond by August 13, 2024, citing continued difficulty in contacting Plaintiff. After August 13, 2024, no further extension requests were made, and no further extensions were granted. To date, Defendant has not received any responses. Defendant now moves the court to compel initial responses. Plaintiff did not file an opposition or any other submission to the Court indicating that the discovery responses at issue were provided prior to the hearing. Accordingly, the motions are granted, and Plaintiff is ordered to provide verified and complete responses to Defendant’s Form Interrogatories, Special Interrogatories, and Request for Production of Documents, Sets One, without objections, within 20 days of today.

On July 9, 2024, Defendant served a Notice of Deposition to Plaintiff, scheduled for July 23, 2024. On July 19, 2024, Plaintiff objected to the deposition on the grounds of unavailability and stated that the deposition was unilaterally scheduled but promised to provide available dates. To date, Defendant has not received any dates of availability from Plaintiff, and Plaintiff’s counsel has stated that they have not had contact with Plaintiff since May 2024. Defendant now moves the court to compel Plaintiff’s deposition. Plaintiff did not file an opposition.

Defendant properly noticed the deposition under Code of Civil Procedure section 2025.210. Plaintiff has failed to appear or provide alternative dates, despite objecting to the initial scheduling and promising to do so. While Plaintiff’s counsel has stated they cannot reach their client, this does not excuse Plaintiff’s discovery obligations. Defendant is entitled to Plaintiff’s deposition to prepare for trial. Accordingly, Plaintiff is ordered to appear for his deposition within 20 days of today.

Defendant requests sanctions in the amount of $1,100, which the Court finds reasonable. Further, sanctions are mandatory, and the Court finds Plaintiff has not acted with substantial justification. Plaintiff initiated this case but appears unwilling to engage in discovery or communicate with his counsel. Therefore, sanctions in the amount of $1,100 are ordered against Plaintiff only, payable 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.