Judge: Lynne M. Hobbs, Case: 23STCV01422, Date: 2023-11-30 Tentative Ruling

Case Number: 23STCV01422    Hearing Date: December 28, 2023    Dept: 30

JOSEPH K COFEY vs METROPOLITAN TRANSIT AUTHORITY A PUBLIC ENTITY PUBLIC TRANSPORTATION AND PLANNING AGENCY MOPD NYC GOV

TENTATIVE

Defendant Los Angeles County Metropolitan Transportation Authority’s motion to compel responses to request for production of documents (set one) is GRANTED. Plaintiff Joseph K. Cofey is ordered to provide responses to Defendant’s request for production of documents (set one) within 20 days of this order.

Defendant’s request for sanctions is DENIED.

Moving party is ordered to give notice.

Discussion

On April 10, 2023, Defendant served upon Plaintiff Request for Production of Documents, Set One. (Ortega Decl., ¶ 3; Exhs. 1.) Plaintiff’s responses were due by May 15, 2023. To date, no responses to the discovery were provided.

As Defendant properly served discovery requests and Plaintiff has failed to serve 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 § 2031.300(c) allows for sanctions when the motion is unsuccessfully opposed. Here, as the motion was not opposed, the request for sanctions is denied.

Defendant’s request for sanctions under CCP section 2023.010 for the misuse of discovery is also denied, as "sections 2023.010 and 2023.030 do not independently authorize the trial court to impose monetary sanctions for misuse of discovery.” (City of Los Angeles v. PricewaterhouseCoopers, LLC (2022) 84 Cal.App.5th 466, 504.)