Judge: Maurice A. Leiter, Case: 23STCV13735, Date: 2023-12-01 Tentative Ruling

Case Number: 23STCV13735    Hearing Date: February 16, 2024    Dept: 54

Hearing Date: February 16, 2024

Department 54, Judge Maurice A. Leiter

(6) Motions to Compel Responses to Discovery

Moving Party: Plaintiff Geraldine S. Chuchian

Responding Party: None

T/R:   PLAINTIFF’S MOTIONS ARE GRANTED.

DEFENDANTS TO SERVE VERIFIED RESPONSES TO THE SUBJECT DISCOVERY, WITHOUT OBJECTION, WITHIN 15 DAYS OF NOTICE OF RULING.

PLAINTIFF’S REQUESTS FOR SANCTIONS ARE GRANTED IN THE REDUCED AMOUNT OF $1,980.00 AGAINST EACH DEFENDANT, PAYABLE WITHIN 30 DAYS.

PLAINTIFFS 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. No opposition has been received.

“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).)

Plaintiff moves to compel responses FIs, SIs and RPDs from Defendants Marie Alyse Simonian and Ruben Gabriel Espinoza. Plaintiff served the discovery on November 3, 2023. After granting Defendants’ requests for extensions, responses were due on January 8, 2024. As of the date of these motions, Plaintiff has not received responses. Defendants have not opposed this motion to show responses have been served. The motions are GRANTED.

Plaintiff requests $2,460.00 in sanctions for each of the six motions. The Court will allow $1,980.00 (3 hrs at $600.00 per hour plus $60.00 filing fee for each motion) in total sanctions against each Defendant.