Judge: Malcolm Mackey, Case: 21STCV00657, Date: 2022-10-21 Tentative Ruling
Case Number: 21STCV00657 Hearing Date: October 21, 2022 Dept: 55
MAJOR
LEAGUE TRUCKING, INC. v. CONTAINER TRANSPORT SOLUTIONS, LLC 21STCV00657
Hearing Date: 10/21/22,
Dept. 55
#10: MOTION FOR RECONSIDERATION OF ISSUANCE OF
DISCOVERY SANCTIONS.
Notice: Okay
No
Opposition
MP:
Plaintiff
RP:
Summary
On 1/7/21, Plaintiff filed a Complaint alleging that defendants
wrongfully took two trailer chasses, and a shipping container of goods and
office equipment, and wrote a check with insufficient funds.
The causes action are:
1. CONVERSION
2. NEGLIGENCE
3. INTENTIONAL
INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE.
MP
Positions
Moving party requests an order reconsidering the order
of 4/20/22, awarding discovery sanctions against Plaintiff in the sum of $1,935,
on grounds including the following:
·
The motion to compel discovery responses had
been ordered off calendar per the posted tentative ruling, and so there was no
pending motion under which sanctions could be awarded.
·
Moving party’s submission on the Court’s
tentative ruling taking the motion off calendar, had waived any claim it might
have had to sanctions under the motion.
Tentative
Ruling
The unopposed motion is granted.
The failure to file a proper and timely opposition in
trial court creates a waiver of the issues on any appeal. Bell v. Am. Title Ins. Co. (1991) 226
Cal. App. 3d 1589, 1602; Cabrini
Villas Homeowners Assn. v. Haghverdian (2003) 111 Cal. App. 4th 683, 693. A judge in a civil case is not
"'obligated to seek out theories [a party] might have advanced, or to
articulate … that which … [a party] has left unspoken.'" Mesecher v.
Where respondents served untimely discovery responses
after parties have filed motions to compel initial responses, courts have broad
discretion as to ruling, including ordering the motion off calendar. Sinaiko Healthcare Consulting, Inc., v.
Klugman (2007) 148 Cal.App.4th 390, 409.