Judge Lee W. Tsao, Case Number: 22STCV39173, Date: 2023-10-18 Tentative Ruling

Judge: Lee W. Tsao, Case: 22STCV39173, Date: 2023-10-18 Tentative Ruling

Case Number: 22STCV39173 Hearing Date: October 18, 2023 Dept: C

Nava v. Nature’s Produce

CASE NO.: 22STCV39173

HEARING: 10/18/23 @ 10:30 AM

I. Plaintiff’s Motion to Compel Demand for Site Inspection is GRANTED.

II. Plaintiff’s request for sanctions against Flying Food is DENIED.

III. Plaintiff’s request for sanctions against Defendant Nature’s Produce is GRANTED.

Moving Party to give NOTICE.

Plaintiff John Danial Richard Nava (Plaintiff) moves for an order compelling compliance with his Demand for Site Inspection.

Background

Plaintiff filed a Complaint against Defendants Flying Food Group, Inc. (Flying Food) and Nature’s Produce alleging Negligence and Premise Liability from a slip and fall incident. There is a dispute as to which Defendant controlled the site of the incident. Plaintiff seeks a site inspection to determine control and the exact location of the incident.

Legal Standard

“A party may demand that any other party allow the party making the demand, or someone acting on the demanding party’s behalf, to enter on any land or other property that is in the possession, custody, or control of the party on whom the demand is made, and to inspect and to measure, survey, photograph, test, or sample the land or other property, or any designated object or operation on it.” (Code Civ. Proc., § 2031.010, subd. (d).)¿

Meet and Confer

Plaintiff adequately met and conferred with Defendant.

Discussion

Plaintiff seeks to compel an inspection of the site of the incident giving rise to this action, commonly known as 3305 Bandini Boulevard, Vernon, California. Plaintiff served his Demand for Site Inspection (Demand) on June 26, 2023 and noticed the inspection for August 3, 2023. Both Defendants objected to the Demand. On August 1, 2023, Defendant Flying Food withdrew its objections and Defendant Nature’s Produce amended its objections. Defendant Nature’s Produce stated it would not allow the site inspection to proceed until after Plaintiff’s deposition.

Defendant Nature’s Produce is ordered to comply with Plaintiff’s Demand for Site Inspection within 20 days of this Order. Nature’s Produce’s insistence that it would not comply until Plaintiff’s deposition was taken is not supported by law.

Defendant Flying Food has already withdrawn its objections to the site inspection.

Sanctions

The court shall impose a monetary sanction against the party who unsuccessfully makes or opposes a motion to compel further responses to interrogatories or demand for production of documents unless the party subject to the sanction acted with substantial justification or the sanction would otherwise be unjust. (CCP §§ 2030.300(d), 2031.310(h), 2033.290(d).) Sanctions may be awarded, even though no opposition is filed pursuant to CRC 3.1348(a).

Plaintiff seeks $3,000.00 in sanctions against Defendants and their counsel of record, consisting of “at least five hours in the process of meeting and conferring” and drafting the motion and three hours to review an opposition, draft a reply, and attend the hearing at a rate of $400.00 per hour and the $60.00 filing fee. Plaintiff’s counsel reduced the request of sanctions from $3,260.00 to $3,000.00. Plaintiff’s request for sanctions against Defendant Flying Food’s and its counsel is denied because Flying Food’s withdrew its objections. Plaintiff’s request for sanctions against Defendant Nature’s Produce and its counsel is granted in the reduced amount of $1,460.00.

Accordingly, Plaintiff’s Motion to Compel his Demand for Site Inspection is GRANTED. Defendants are ordered to comply with Plaintiff’s Demand for Site Inspection within 20 days of this Order. Plaintiff’s request for sanctions against Flying Food is DENIED. Plaintiff’s request for sanctions against Defendant Nature’s Produce is GRANTED and imposed against Defendant Nature’s Produce and its counsel of record, jointly and severally, in the reduced amount of $1,460.00. This sanction is to be paid within 45 days of this Order.