Judge: Mel Red Recana, Case: 21STCV33926, Date: 2024-07-10 Tentative Ruling

Case Number: 21STCV33926    Hearing Date: July 10, 2024    Dept: 45

Superior Court of California

County of Los Angeles

 

 

LGP EQUIPMENT RENTALS, INC., a

California Corporation,

 

                             Plaintiff,

 

                              vs.

 

LAGD PROPERTIES LLC, a California limited liability company; 1st DESIGN AND DEVELOPMENT, a California Corporation; RAMON ROMERO, an individual dba SOUTHERN CALI CONSTRUCITON; L.A. GREEN DESIGNS, an unknown form of entity; and DOES 1 through 100, inclusive,

 

                              Defendants.
Case No.:  21STCV33926

DEPARTMENT 45

 

 

 

[TENTATIVE] RULING

 

 

 

Action Filed:  09/14/21

1ST Amended Complaint Filed: 07/17/23

Trial Date:  None set.

 

Hearing date:  07/10/2024

Moving Party:  Plaintiff LGP Equipment Rentals, Inc.

Responding Party:  Defendant 1ST Choice Design and Development

 

Motion to Compel Initial Responses to Request for Production of Documents, Set One and Request for Sanctions in the Amount of $3,000.00        

The Court considered the moving, opposition, and reply papers.

            The motion is GRANTED.

 

Recommendation:     Grant, Defendant is ordered to serve responses to Requests for Production, Set One without objections within 20 days of this order. Defendant and Defense Counsel are also ordered to pay monetary sanctions jointly and severally in the amount of $750.00 to Plaintiff through its counsel of record.

Reason: Plaintiff served Requests for Production, Set One, on December 18, 2023. To date, the Defendant has not served any responses. However, Defendant argues that after a diligent search, it was unable to locate the documents it initially believed it had. Defendant’s counsel states “[w]hen I was corresponding with Plaintiff’s counsel, I was unaware that the documents did not exist and based on discussions with my Client we both believed the documents did exist but eventually Defendant was unable to locate them after a diligent search.” (Diefenbach Decl. ¶ 8; See also Innabi Decl. ¶ 5, Ex. C.) Moreover, Tony Holder, the principal and owner of Defendant 1st Choice Design & Development states “Defendant is ultimately unable to produce the documents because the project file was taken from a former employee who worked as the project manager for both projects, Mr. Alberto Dominguez.” (Holder Decl. ¶ 2.) Mr. Holder further states “[t]he records that 1st Choice did have that were not lost at the project site were lost when 1st Choice changed office locations in approximately June of 2021 . . . 1st Choice does not have any responsive documents in its custody and control that it can make available for production. I initially believed the project documents existed but was unable to locate them after a diligent search and realized that Mr. Dominguez was in charge of the documents and then other documents were lost during a move.” (Id. at ¶¶ 4-6.)

Nevertheless, the Court notes Defendant fails to provide any evidence for its speculations of the former employee taking the records.

Therefore, the Court should grant the motion under CCP section 2031.300 and impose the reasonable amount of $750.00 (1.5 hours at $500 per hour) in monetary sanctions on the Defendant and Defense Counsel, jointly and severally.

Other Notes:  There is a discrepancy as to the sanction amount requested. In the moving papers, Plaintiff seeks $3,000.00 in sanctions. However, in the reply papers, Plaintiff seeks $2,000.00 in sanctions.

 

            It is so ordered.

 

Dated: July 10, 2024

 

_______________________

MEL RED RECANA

Judge of the Superior Court