Judge: Mark C. Kim, Case: 20STCV41719, Date: 2023-05-25 Tentative Ruling

Case Number: 20STCV41719    Hearing Date: May 25, 2023    Dept: S27

Defendant propounded FROGs and RPDs on each of the five plaintiffs on 11/29/22.  To date, despite an attempt to meet and confer and a promise from Plaintiffs’ attorney that responses would be forthcoming, Plaintiffs have not served responses to the FROGs or RPDs.  Defendant therefore seeks an order compelling Plaintiffs to respond, without objections, to the outstanding discovery and requiring Plaintiffs and their attorney to pay sanctions.

Any opposition to the motions was due on or before Friday, 5/12/23.  The Court has not received timely opposition to the motions.  The Court will not consider late-filed opposition papers.

Defendant’s motions to compel are granted.  Plaintiffs are ordered to serve verified responses to FROGs and RPDs, without objections, within ten days.  CCP §§2030.290(a),(b), 2031.300(a),(b). 

In the absence of a showing of good cause or substantial justification, sanctions are mandatory.  §§2030.290(c), 2031.300(c).  Defendant seeks sanctions in the amount of $300/motion.  The amount is both reasonable and fully supported by Defense Counsel’s declarations in support of the motions.  Sanctions are sought against and imposed against Plaintiffs and their attorney of record, jointly and severally; each plaintiff (jointly and severally with Counsel) is ordered to pay sanctions to Defendant, by and through his attorney of record, in the amount of $300, within twenty days.

Defendant is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at gdcdepts27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If any party does not submit on the tentative, the party should make arrangements to appear remotely at the hearing on this matter.