Judge: Melvin D. Sandvig, Case: 23CHCV01744, Date: 2025-02-27 Tentative Ruling

Counsel wishing to submit on a tentative ruling may inform the clerk or courtroom assisant in North Valley Department F47, 9425 Penfield Ave., Chatsworth, CA 91311, at (818) 407-2247.  Please be aware that unless all parties submit, the matter will still be called for hearing and may be argued by any appearing/non-submitting parties. If the matter is submitted on the court's tentative ruling by all parties, counsel for moving party shall give notice of ruling. This may be done by incorporating verbatim the court's tentative ruling. The tentative ruling may be extracted verbatim by copying and specially pasting, as unformatted text, from the Los Angeles Superior Court’s website, http://www.lasuperiorcourt.org. All hearings on law and motion and other calendar matters are generally NOT transcribed by a court reporter unless one is provided by the party(ies).

Case Number: 23CHCV01744    Hearing Date: February 27, 2025    Dept: F47

Dept. F47

Date: 2/27/25                                                  TRIAL DATE: 6/2/25

Case #23CHCV01744

MOTION TO COMPEL

(Supplemental Interrogatories, Set 1)

Motion filed on 6/27/24.

MOVING PARTY: Plaintiff Joanne C. Grijalva

RESPONDING PARTY: Defendant Del Taco, LLC

NOTICE: ok

RELIEF REQUESTED: An order compelling Defendant Del Taco, LLC to provide responses to Plaintiff’s Supplemental Interrogatories, Set 1.  Additionally, Plaintiff requests an order imposing sanctions in the amount of $660.00 against Del Taco and its attorneys of record, Russell S. Wollman and Darin W. Flagg, jointly and severally.

RULING: The motion is granted as set forth below. 

SUMMARY OF FACTS & PROCEDURAL HISTORY

On 6/15/23, Plaintiff Joanne C. Grijalva (Plaintiff) filed this action against Defendants Del Taco, LLC (Del Taco), Farid Shooshani and The Shooshani Family Irrevocable Trust for negligence and premises liability arising from a trip and fall incident that occurred on 6/22/21 in the parking lot located at 15353 Chatsworth Street, Mission Hills, California.  On 9/28/23, Del Taco answered the complaint. 

On 4/9/24, Plaintiff served Del Taco with Supplemental Interrogatories, Set 1.  (Sanchez Decl., Ex.A).  Del Taco failed to timely respond.  (Sanchez Decl.).  Despite Plaintiff’s counsel’s meet and confer efforts, including re-sending the discovery requests pursuant to defense counsel's request, Del Taco has failed to serve responses to the discovery requests.  (Sanchez Decl., Ex.B-C).

Therefore, on 6/27/24, Plaintiff filed and served the instant motion seeking an order compelling  Del Taco to provide responses to Plaintiff’s Supplemental Interrogatories, Set 1.  Additionally, Plaintiff requests an order imposing sanctions in the amount of $660.00 against Del Taco and its attorneys of record, Russell S. Wollman and Darin W. Flagg, jointly and severally.  Del Taco has not opposed or otherwise responded to the motion. 

ANALYSIS

Due to Del Taco’s failure to provide timely responses to the subject interrogatories, Plaintiff is entitled to an order compelling responses without objections.  CCP 2030.290(a), (b).  Additionally, Plaintiff is entitled to an award of sanctions against Del Taco and its attorneys if record in the amount of $660.00 for their failure to comply with their discovery obligations.  CCP 2030.290(c); (Sanchez Decl.).

CONCLUSION

The motion is granted.  Defendant Del Taco, LLC is ordered to provide responses, without objections, to Plaintiff Joanne C. Grijalva’s Supplemental Interrogatories, Set 1, within 15 days.  Sanctions in the amount of $660.00 are imposed against Plaintiff and Plaintiff’s attorneys of record, Russell S. Wollman and Darin W. Flagg, jointly and severally.  Sanctions are payable within 30 days.