Judge: Maurice A. Leiter, Case: 20STCV48450, Date: 2022-10-19 Tentative Ruling

Case Number: 20STCV48450    Hearing Date: October 19, 2022    Dept: 54

Hearing Date: October 19, 2022

Department 54, Judge Maurice A. Leiter

(6) Motions to Compel Responses to Discovery;

(3) Motions to Deem RFAs Admitted

Moving Party: Cross-Defendant Haifeng Wu

Responding Party: Cross-Complainants Angelina Leo and Steven Nia

T/R:  CROSS-DEFENDANT’S MOTIONS ARE MOOT.

CROSS-DEFENDANT’S REQUESTS FOR SANCTIONS ARE GRANTED IN THE REDUCED AMOUNT OF $660.00 PER CROSS-COMPLAINANT.

CROSS-DEFENDANT TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at¿SMCdept54@lacourt.org¿with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing

            The Court considers the moving papers, oppositions, and replies.

“If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it. . .  [t]he 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. . . .  The party making the demand may move for an order compelling response to the demand.”  (CCP § 2031.300(a)–(b).) When timely responses to interrogatories are not received, “[t]he party propounding the interrogatories may move for an order compelling response to the interrogatories.”  (CCP § 2030.290(b).) If a party fails to provide a timely response to a request for admission, the party waives any objection to the requests.  (C.C.P. § 2033.280(a).)  Moreover, “[t]he requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction….”  (C.C.P. § 2033.280(b).) 

Cross-Defendant Haifeng Wu moves to deem RFAs admitted and to compel responses to FIs and RPDs from Cross-Complainants Angelina Leo, Steven Nia and W1, Inc. Cross-Defendant served the subject discovery on April 15, 2022.

In opposition, Cross-Complainants represent that responses have now been served. In reply, Cross-Defendant asks the Court to issue monetary sanctions because Cross-Complainants did not serve responses until after the motion was filed.

            Cross-Defendant’s request $960.00 or $810.00 in sanctions for each of the six discovery motions. Counsel’s hourly rate is $300.00. As motions are largely duplicative the Court will allow one hour of attorney time per Cross-Complainant, plus the filing fees. Cross-Defendant’s requests are GRANTED in the reduced amount of $660.00 per Cross-Complainant.

Hearing Date: October 19, 2022

Department 54, Judge Maurice A. Leiter

Motion to Strike Answer

Moving Party: Cross-Defendant Haifeng Wu

Responding Party: Cross-Complainant W1, Inc.

T/R:    CROSS-DEFENDANT’S MOTION TO STRIKE IS DENIED ON THE CONDITION THAT COUNSEL FOR W-1 FILE A SUBSTITUTION FORTHWITH.

CROSS-DEFENDANT TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at¿SMCdept54@lacourt.org¿with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing

            The Court considers the moving papers and opposition.

“Any party, within the time allowed to response to a pleading, may serve and file a notice of motion to strike the whole or any part" of that pleading. (CCP 435(b). “The Court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false or improper matter asserted in any pleading; (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the Court." (CCP 436.)

Cross-Defendant moves to strike W1, Inc.’s cross-complaint and answer on the ground that W1 is a corporate entity without counsel. W1 declares it has acquired counsel, but counsel has not yet filed a substitution of counsel. The motion is DENIED on the condition that counsel file a substitution forthwith.