Judge: Mark C. Kim, Case: 22LBCV00045, Date: 2023-02-16 Tentative Ruling

Case Number: 22LBCV00045    Hearing Date: February 16, 2023    Dept: S27

1.     Background Facts

Plaintiff, Adam Dolewski filed this action against Defendants, Dollar Tree Stores, Inc., Berkshire Bakersfield, LLC, and Brentwood Group, LLC for premises liability and negligence arising out of an incident that occurred at a Dollar Tree location in Long Beach.  Plaintiff alleges Defendants’ negligence caused him to be confined in a freezer for a substantial period of time, which caused him injuries and damages. 

2.     Motion to Compel Further Responses

Dollar Tree propounded discovery on Plaintiff on 7/20/22.  Plaintiff served timely responses on 8/30/22.  Defendant sent a meet and confer letter on 9/26/22, which detailed Defendant’s perceived deficiencies in the responses.  Plaintiff did not meaningfully respond to the meet and confer letter, and Defendant ultimately filed this motion while the case was assigned to the PI Hub Court.  The parties scheduled an IDC in the hub court, but before the IDC took place, the case was reassigned to this department. 

On 12/20/22, Defendant re-filed the moving papers.  On 2/02/23, Plaintiff filed opposition to the motion and concurrently served supplemental responses to all of the subject discovery.  Defendant, in its reply papers, concedes that the motion is substantively moot in light of the supplemental responses.  The only remaining issue is whether to impose sanctions.

Plaintiff argues, in opposition to the motion, that sanctions should not be awarded because his responses were substantially justified, and because the IDC was never held and the parties did not have the benefit of the IDC.  Sanctions are appropriate for failing to participate in the meet and confer process, regardless of the ultimate outcome of the motion.  CCP §§2023.010(i), 2023.020.  The fact that an IDC was never held did not excuse Plaintiff from participating in the meet and confer process.  Plaintiff could have met and conferred at any time between receipt of the letter in late September and filing of the motion in late December, but chose not to do so.  Sanctions are therefore appropriate. 

Defendant seeks sanctions in the amount of $2460 against Plaintiff and his attorney of record.  The amount is reasonable and fully supported by Defense Counsel’s declaration.  Plaintiff and his attorney of record, jointly and severally, are ordered to pay sanctions to Defendant, by and through its attorney of record, in the amount of $2460, 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.