Judge: Lynne M. Hobbs, Case: 20STCV42908, Date: 2023-09-25 Tentative Ruling

 PLEASE NOTE:    

The parties are encouraged to meet and confer concerning this tentative ruling to determine if there is an agreement to submit.  

Regardless of whether there is any such agreement, each party who wishes to submit must send an email to the Court at SSCdept30@LACourt.org indicating the party's intention to submit. 

Include the word "SUBMITS" in all caps and the case number in the subject line of the email and in the body provide the date and time of the hearing, your name, your contact information, the party you represent, whether that party is a plaintiff, defendant, cross-complainant, cross-defendant, claimant, or non-party.  

If a party submits but still intends to appear at the hearing, include the words "SUBMITS BUT WILL APPEAR" in the subject line of the email. 

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. 

Unless all the parties have submitted, the Court will hear argument from any party that appears at the hearing and wishes to argue. The Court may change its tentative as a result of the argument and adopt the changed tentative as the final order at the end of that hearing, even if all the parties are not present. 

Be advised that after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of said motion and may adopt the tentative ruling as the order of the Court.     

Case Number: 20STCV42908    Hearing Date: March 7, 2024    Dept: 30

MITCHELL JAYSON vs RAE DRAZIN

TENTATIVE

Defendant’s motions to compel responses to supplemental interrogatories (set two), and supplemental request for production of documents (set two) are GRANTED.

Plaintiff Mitchell Jayson is ordered to serve verified responses, without objections, to the discovery at issue within 20 days of this order.

Defendant’s request for sanctions is DENIED.

Moving party is ordered to give notice.

Discussion

On November 3, 2023, Defendant served Supplemental Interrogatories, Set Two, and Supplemental Request for Production of Documents, Set Two, on Plaintiff. (Christensen Decl., Exh. A.) To date, Plaintiff has failed to provide responses. (Id., ¶ 7.)

As Defendant properly served requests for supplemental interrogatories and supplemental request for production and Plaintiff failed to serve responses, the Court finds Defendant is entitled to a court order directing Plaintiff to provide verified responses without objections to the supplemental discovery served on Plaintiff. Therefore, the motions are granted.

Defendant also requests sanctions. Code of Civil Procedure sections 2030.290(c) and 2031.310 mandate the imposition of sanctions when the motion is unsuccessfully opposed. Here, as the motions were not opposed, the request for sanctions is denied.