Judge: Melvin D. Sandvig, Case: 21CHCV00154, Date: 2022-08-01 Tentative Ruling

Case Number: 21CHCV00154    Hearing Date: August 1, 2022    Dept: F47

Dept. F-47

Date: 8/1/22

Case #21CHCV00154

 

MOTION TO COMPEL

(Production of Documents, Set 1)

 

Motion filed on 5/17/22.

 

MOVING PARTY: Plaintiff State Farm General Insurance Company

RESPONDING PARTY: Defendant Suchpreet Singh Dhillon

 

RELIEF REQUESTED: An order compelling Defendant Suchpreet Singh Dhillon to provide answers, without objections, to Requests for Production of Documents, Set 1.  Additionally, Plaintiff requests sanctions against Defendant Suchpreet Singh Dhillon in the amount of $1,860.

 

RULING:

 

On 2/22/22, Plaintiff State Farm General Insurance Company (Plaintiff) served the subject discovery on Defendant Suchpreet Singh Dhillon (Defendant).  No responses have been served.  Therefore, on 5/17/22, Plaintiff filed and served the instant motion seeking an order compelling Defendant to provide answers, without objections, to Requests for Production of Documents, Set 1.  Additionally, Plaintiff requests sanctions against Defendant in the amount of $1,860.

 

The proof of service attached to the motion indicates that it was served on Responding Party’s counsel, Todd J. Cleary, by U.S. Mail at 2716 3rd Street #3, Santa Monica, CA 90405 (“Santa Monica address”).  While the last documents filed by attorney Cleary (in May of 2022) on behalf of Responding Party list the Santa Monica address, the address of record for attorney Cleary in eCourt is 10720 McCune Ave., Los Angeles, CA 90034 (“Los Angeles address”).  Additionally, The State Bar of California website lists the Los Angeles address for attorney Cleary.  The underlying discovery was mailed to the Los Angeles address on 2/22/22.

 

No response/opposition to the motion has been filed.

 

If Defendant’s counsel appears at the hearing and concedes that the Santa Monica address is his address of record, the request to compel responses, without objection, will be granted and sanctions against Defendant will be imposed in the amount of $860.00 (1 hour to prepare the motion + 1 hour to prepare for and appear at the hearing at $400/hour + $60 filing fee).  See CCP 2031.300(a)-(c).  The further responses will be due and sanctions will be payable within 30 days.  If Defendant’s counsel confirms that the Santa Monica address is his address of record, it will be changed in eCourt. 

 

If Defendant’s counsel does not appear, the hearing will be continued.  Plaintiff will then be ordered to re-serve the motion and a notice of continuance on both the Los Angeles address and the Santa Monica address.  

 

The Court further notes, for the second time, that Plaintiff has failed to bookmark the declaration, exhibits and proof of service attached to the motion in violation of the “TECHNICAL REQUIREMENTS” set forth in the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil at page 4, line 4 through page 5, line 12.  See also CRC 3.1110(f)(4) (See 2/23/22 Minute Order, p.2).  Once again, Plaintiff is warned that failure to comply with these requirements in the future may result in  matters being placed off calendar, matters being continued so documents can be resubmitted in compliance with these requirements, documents not being considered and/or the imposition of sanctions.