Judge: Lee S. Arian, Case: 23STCV26107, Date: 2024-05-13 Tentative Ruling

Case Number: 23STCV26107    Hearing Date: May 13, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27 

MOTION TO COMPEL AND REQUESTS FOR SANCTIONS

Hearing Date: 5/13/24 

CASE NO./NAME: 23STCV26107 JAMES PHILLIP THOMAS, et al. vs CITY OF LOS ANGELES

Moving Party: Plaintiff

Responding Party: Defendant WILSON SUMMIT HOMEOWNERS ASSOCIATION, INC

Notice: Sufficient 

Ruling: MOTION FOR COMPEL IS DENIED; REQUEST FOR SANCTIONS IS GRANTED

On January 31, 2024, Plaintiff propounded Form Interrogatories (Set One) on Defendant Wilson Summit. The responses were initially due by March 5, 2024. After a series of extensions granted by Plaintiff, the final deadline was set for March 29, 2024. When no responses were provided by that date, Plaintiff communicated to Defendant that it had until April 3, 2024, before Plaintiff would file a motion to compel. On April 11, 2024, Plaintiff moved the Court to compel responses to his Form Interrogatories, Set One, when responses were not received.

Defendant filed an opposition, arguing that discovery responses had been provided prior to the hearing and attached a copy of the discovery responses. Thus, the present motion is moot. Defendant further argued that sanctions are not warranted because it acted with substantial justification. However, the record shows that Plaintiff granted several extensions after the responses were initially due by March 5 and informed Defendant that a motion would be filed if no response was received by April 3. When Plaintiff did not receive a response, he filed the motion as communicated to Defendant. Defendant counsel’s argument that he would ordinarily expect Plaintiff to give a longer extension does not constitute substantial justification. Plaintiff is not obligated to provide any extension and may, under the statute, move to compel immediately after not receiving any responses. Defendant should not expect Plaintiff to provide an extension which Plaintiff is not obligated to provide.

The Court finds Plaintiff's request for sanctions in the amount of $1500 reasonable. Consequently, Defendant and its counsel are ORDERED, jointly and severally, to pay sanctions of $1500 to Plaintiff within 20 days of today’s date.

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.