Judge: Lee S. Arian, Case: 24STCV00262, Date: 2025-06-02 Tentative Ruling

Case Number: 24STCV00262    Hearing Date: June 2, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Motion To Compel Initial Responses

On January 6, 2025, Defendant Phoebe Kwan served her Form Interrogatories (Set Two) and Request for Production of Documents (Set Two). Responses were due by February 6, 2025. Plaintiff did not respond to Defendant’s discovery requests or participate in any meet and confer efforts. Plaintiff also did not file an opposition or any other document indicating to the Court that responses had been served prior to the hearing. Accordingly, the motions are granted. Plaintiff is ordered to serve complete and verified responses to the discovery requests at issue, without objections, within 20 days of today.

Motion To Compel Deposition

Section 2025.450, subdivision (a), of the Code of Civil Procedure permits a party to move to compel the deposition of another party upon a showing of good cause. That section states, in part:

“A party may move for an order compelling the deponent’s attendance and testimony, and the production for inspection of any document, if after service of a deposition notice, a party to the action, without having served a valid objection, fails to appear for examination, or proceed with it.”

Plaintiff’s deposition was noticed for June 28, 2024. Plaintiff did not object to the deposition and failed to appear. Accordingly, the requirements to compel Plaintiff’s deposition have been satisfied, and the motion is granted. Plaintiff is ordered to appear for deposition within 20 days of today.

Plaintiff did not act with substantial justification in failing to respond to the discovery at issue or attend the noticed deposition. Accordingly, monetary sanctions in the reduced amount of $1,500 are granted. Plaintiff, in pro per, is ordered to pay the monetary sanctions 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.