Judge: Lynne M. Hobbs, Case: 21STCV08485, Date: 2024-01-18 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: 21STCV08485    Hearing Date: January 18, 2024    Dept: 30

JESSE LOPEZ,, A MINOR, BY AND THROUGH HIS GUARDIAN, DIEGO LOPEZ vs COMPTON UNIFIED SCHOOL DISTRICT

TENTATIVE

Defendant Compton Unified School District’s motion to compel responses to special interrogatories is GRANTED. Plaintiff Jesse Lopez is ordered to provide verified responses without objections to the discovery requests within 20 days of this order.

Defendant’s request for sanctions is DENIED.

Moving party is ordered to give notice.

Discussion

On January 10, 2023, Defendant served Special Interrogatories, Set One, on Plaintiff. (Quiller Decl., ¶ 5; Exh. A.) Defendant provided several extensions to plaintiff to provide responses, with the most recent due date being May 26, 2023. Despite numerous extensions, Plaintiff has yet to provide any responses to the discovery.

As Defendant properly served the request for discovery, and Plaintiff has failed to provide responses, the Court finds Defendant is entitled to a court order directing Plaintiff to provide verified responses without objections to the discovery request served on Plaintiff. Therefore, the motion is granted.

Defendant also requests sanctions. Code of Civil Procedure section 2030.290(c) mandates sanctions when the motion is unsuccessfully opposed. Here, as the motion was not opposed, the request for sanctions is denied.