Judge: Linda S. Marks, Case: 2019-01069315, Date: 2022-10-24 Tentative Ruling

1. Motion to Compel Response to Requests for Admissions filed by Lalita Patel on 6/15/22
2. Motion to Compel Response to Requests for Admissions filed by Rosie  Patel, Lalita Hospitality, Inc., Lalita  Patel, Big Eagle, Inc. on 6/15/22
3. Motion to Compel Deposition (Oral or Written) filed by Big Eagle, Inc. on 6/17/22

Motions #1 and #2 to Compel Response:

Defendant Lalita Patel seeks an order, compelling plaintiff, Jessica Barrera to provide further verified responses to Requests for Admission (Set One), Number 35 propounded by defendants within ten (10) days and sanctions in the amount of $582.50 against plaintiff, Jessica Barrera and her counsel of record Ilan Rosen Janfaza, Esq.

(ROA 296) Defendants Big Eagle, Inc. dba Big A Motel, Lalita Hospitality, Inc. and Rosie Patel ("defendants") seek an order, compelling plaintiff, Jessica Barrera to provide further verified responses to Requests for Admission (Set One), Number 11 propounded by defendants within ten (10) days and sanctions in the amount of $582.50 against plaintiff, Jessica Barrera and her counsel of record Ilan Rosen Janfaza, Esq.

Plaintiff does not oppose the motions. Accordingly, the Court concludes the Plaintiff has conceded the motions have merit.

Tentative Ruling: The Motions to Compel Response to  the Request for Admissions (Motions 1 & 2) are GRANTED. Plaintiff Jessica Barrera to provide further responses to Request for Admissions propounded by Defendant Lalita Patel and Defendants Big Eagle, Inc. dba Big A Motel, Lalita Hospitality, Inc. and Rosie Patel within 20 days.

Sanctions:

Counsel for Plaintiff Jessica Barrera requests that no sanctions be imposed because they have not been able to locate Plaintiff. While this may be a basis to relieve counsel from the imposition of sanctions, it does not relieve Plaintiff.

Tentative Ruling: Plaintiff Jessica Barrera is ordered to pay sanctions $582.50 for Motions 1 & 2  by November 21, 2022. Code of Civil Procedure §2033.290(d).

Defendants to give notice

Motion #3 to Compel Deposition:

Defendant Big Eagle, Inc. dba Big A Motel seeks an Order, compelling the deposition of plaintiff and cross-defendant JESSICA BARRERA for date certain; and an Order of sanctions against plaintiff JESSICA BARRERA her attorney ILAN ROSEN JANFAZA in the amount of $725.00.

Moving party brings the Motion pursuant to Code of Civil Procedure Sections 177.5, 2023.010, 2023.030,2025.450, and 2025.480.

Plaintiff does not oppose the motion, but requests that the Court decline to impose sanctions, as counsel has not been able to locate Plaintiff Jessica Barrera. While this may serve as a basis to not impose sanctions against counsel, there does not appear to be any justification for Plaintiff Jessica Barrera’s lack of appearing at deposition and failure to communicate with counsel to provide deposition dates, etc.

Tentative Ruling: The Motion to Compel Deposition is GRANTED, and Plaintiff Jessica Barrera is ORDERED to sit for deposition within 30 days. Sanctions to be paid by Jessica Barrera in the amount of $410 within 30 days.

Moving party is to give notice