Judge: Lee S. Arian, Case: 23STCV26868, Date: 2025-04-16 Tentative Ruling
Case Number: 23STCV26868 Hearing Date: April 16, 2025 Dept: 27
SUPERIOR COURT OF
THE STATE OF CALIFORNIA
FOR THE COUNTY OF
LOS ANGELES - CENTRAL DISTRICT
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CONSUELO RODRIGUEZ, et al., Plaintiff, vs. JOSE JUAN SANCHEZ, et al. Defendants. |
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[TENTATIVE RULING] MOTIONS TO COMPEL ARE GRANTED Dept. 27 1:30 p.m. April 16, 2025 |
On December 16, 2024, Defendants Jose Juan Sanchez and Orfalindo
Florentino Sanchez propounded Form Interrogatories, Set One, and Requests for
Production, Set One, upon Plaintiff Randy Matias. On the same date, Defendants
also propounded Form Interrogatories, Set One, upon Plaintiff Consuelo
Rodriguez.
Defendants granted Plaintiffs several extensions to respond, with the
final deadline being March 7, 2025. To date, Plaintiffs have failed to serve
any responses. Defendants now move the Court to compel responses.
Plaintiffs filed an opposition; however, they do not dispute that no
responses have been served. Instead, Plaintiffs contend that, as early as
February 4, 2025, Plaintiffs’ counsel informed Defendants that they had been
unable to make contact with their clients and had made numerous efforts to
establish communication. As of April 3, 2025, Plaintiffs’ counsel has filed a
motion to be relieved as counsel.
Plaintiffs initiated this action and are required to fulfill their
discovery obligations. Defendants are not obligated to grant open-ended
extensions simply because Plaintiffs have failed to communicate with their own
counsel. In fact, Defendants have already granted Plaintiffs’ counsel multiple
extensions to obtain responses and have acted reasonably under the
circumstances.
Accordingly, Plaintiff Consuelo Rodriguez is ordered to serve complete
and verified responses to Defendants’ Form Interrogatories, Set One, without
objections, within 20 days of the date of this order. Plaintiff Randy Matias is
ordered to serve complete and verified responses to Defendants’ Form Interrogatories,
Set One, and Requests for Production, Set One, without objections, within 20
days of the date of this order.
The Court also issues sanctions in the amount of $1,000 against each
Plaintiff for failing to respond to the discovery requests at issue, payable to
Defendants within 20 days of the date of this order. However, the Court
declines to impose sanctions against Plaintiffs’ counsel, as counsel has
diligently attempted to contact Plaintiffs. Furthermore, Defendants do not
request sanctions against Plaintiffs’ counsel.
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 |