Judge: Margaret L. Oldendorf, Case: 22AHCV01038, Date: 2023-03-29 Tentative Ruling


Case Number: 22AHCV01038    Hearing Date: March 29, 2023    Dept: P

 

 

 

 

 

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

NORTHEAST DISTRICT

 

ELIZABETH ROSAS,

 

                                            Plaintiff,

vs.

 

ALTADENA TOWN AND COUNTRY CLUB; and DOES 1 to 100,

 

                                            Defendants.

 

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Case No.: 22AHCV01038

 

 

[TENTATIVE] ORDER GRANTING DEFENDANT’S UNOPPOSED DISCOVERY MOTIONS

 

Date:   March 29, 2023

Time:  8:30 a.m.

Dept.:  P

 

         

 

          I.        INTRODUCTION

          This is a personal injury action. Plaintiff Elizabeth Rosas alleges she was injured when she fell on stairs at the premises of Defendant Altadena Town and Country Club. Defendant propounded discovery that was not responded to, and now it seeks an order compelling Plaintiff to provide responses. These unopposed motions are granted.

II.       ANALYSIS

          According to the evidence provided, Defendant served Plaintiff with Special Interrogatories, Set One, and Requests For Production of Documents, Set One, on December 9, 2022. Declaration of Rochelle McKenzie, ¶4 and Exhibit A. Responses were due January 11, 2023; Plaintiff requested and was granted an extension to respond by January 25, 2023. When no responses were received, Defendant wrote a meet and confer letter. Id. at ¶5 and Exhibit B. As of the date these motions were filed, Plaintiff has failed to provide responses. Id. at ¶6.

          Code Civ. Proc. §2030.290 provides authority for an order compelling Plaintiff to provide responses without objection to the Special Interrogatories, and for the issuance of a monetary sanction. That relief is granted.

          Code Civ. Proc. §2031.300 provides authority for an order compelling Plaintiff to provide responses without objection to the Requests for Production, and for the issuance of a monetary sanction. That relief is granted.

          The Court finds that a total of three hours (2 to prepare each motion and 1 to prepare for and appear at the hearing) is reasonable. At counsel’s reasonable hourly rate of $185, the monetary sanction per motion is $615 ($555.00 + $60 filing fee) for a total of $1,230.

 

III.     CONCLUSION

          Plaintiff Rosas is ordered to provide verified responses, without objection, to Special Interrogatories, Set One, and Requests for Production of Documents, Set One, within 10 days of notice of this order; and to pay monetary sanctions of $1,230 to Plaintiff within 30 days of notice of this motion.

Defendant is ordered to provide notice of this ruling.

         

         

Dated:                                                              _______________________________

                                                                              MARGARET L. OLDENDORF

                                                                       JUDGE OF THE SUPERIOR COURT