Judge: Mark E. Windham, Case: 23STLC02679, Date: 2023-11-20 Tentative Ruling

Case Number: 23STLC02679    Hearing Date: April 15, 2024    Dept: 26

Richard Heng Taing dba USA Donuts v. Worldwide ATM, Inc.

MOTION TO COMPEL 

(CCP § 2031.300)

TENTATIVE RULING: GRANT

            Plaintiff’s Motion to Compel Response to Request to Inspect Writings is GRANTED. Sanctions are imposed against Defendant and awarded to Plaintiff in the amount of $718.91.

Background

            On April 24, 2023, Richard Heng Taing dba USA Donuts (Plaintiff) filed suit against Worldwide ATM, Inc for two causes of action: breach of contract and fraud. The motion now before the Court is a Motion to Compel Response to Request to Inspect Writings. No opposition has been filed.

Discussion

Legal Standard

            “If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it, the following rules shall apply: (a) The party to whom the demand for inspection, copying, testing, or sampling is directed waives any objection to the demand, including one based on privilege or on the protection for work product under Chapter 4…(b) The party making the demand may move for an order compelling response to the demand. (c) Except as provided in subdivision (d), the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to a demand for inspection, copying, testing, or sampling, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (CCP § 2031.300)

Analysis

            Plaintiff provides the Declaration of Robert Gentino (Gentino Decl.) which states that on November 2, 2023, Plaintiff propounded the Request to Inspect Writings (Set 1), but that Defendant refused to respond or produce the writings. Therefore, the Motion is granted, and sanctions are warranted. Plaintiff provides the following calculations:

·         Plaintiff’s counsel’s hourly rate is $650.00 per hour

·         Counsel spent two hours preparing this Motion

·         Counsel incurred a filing fee of $68.91

            The Court will impose sanctions against Defendant, and award them to Plaintiff in the amount of  $718.91.

Conclusion

            Plaintiff’s Motion to Compel Response to Request to Inspect Writings is GRANTED. Sanctions are imposed against Defendant and awarded to Plaintiff in the amount of $718.91. Defendant is ordered to produce the writings and the monetary sanctions to Plaintiff within 30 days of this order.

Moving party to give notice.