Judge: Melvin D. Sandvig, Case: 23CHCV02724, Date: 2024-05-03 Tentative Ruling
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Case Number: 23CHCV02724 Hearing Date: May 3, 2024 Dept: F47
Dept. F47
Date: 5/3/24
Case #23CHCV02724
3 DISCOVERY
MOTIONS
Motions filed on 11/29/23.
MOVING PARTY: Defendant Costco Wholesale Corporation
RESPONDING PARTY: Plaintiff Maria Pina
NOTICE: ok
RELIEF REQUESTED:
(1) An order compelling Plaintiff Maria Pina to
provide verified responses to Defendant Costco Wholesale Corporation’s Form
Interrogatories, Set 1 (General) served by mail on 9/21/23, without objection,
within 10 days of the hearing on the
motion. Additionally, Defendant requests
sanctions be imposed against Plaintiff and her attorneys of record in the
amount of $511.50;
(2) An order
compelling Plaintiff Maria Pina to provide verified responses to Defendant
Costco Wholesale Corporation’s Request for Production of Documents, Set 1
(General) served by mail on 9/21/23, without objection, within 10 days of the hearing on the motion. Additionally, Defendant requests sanctions be
imposed against Plaintiff and her attorneys of record in the amount of $511.50;
and
(3) An order
compelling Plaintiff Maria Pina to provide verified responses to Defendant
Costco Wholesale Corporation’s Special Interrogatories, Set 1 (General) served
by mail on 9/21/23, without objection, within 10 days of the hearing on the motion. Additionally, Defendant requests sanctions be
imposed against Plaintiff and her attorneys of record in the amount of $511.50.
RULING: The motions are granted as set forth
below.
SUMMARY OF ACTION & PROCEDURAL HISTORY
This action arises from an alleged slip and fall incident
that occurred on 8/31/22 on the sales floor at the Costco Warehouse in
Northridge, California. On 9/11/23,
Plaintiff Maria Pina (Plaintiff) filed this action against Defendant Costco
Wholesale Corporation (Defendant) for
premises liability
based on negligence. On 9/21/23,
Defendant answered the complaint and propounded Form Interrogatories (General),
Set 1; Requests for Production of Documents, Set 1; and Special
Interrogatories, Set 1, on Plaintiff. (See
Bell Decls.).
After Plaintiff failed to serve responses to the
discovery by the statutory deadline, on 10/31/23, Defendant sent meet and
confer correspondence to Plaintiff’s counsel requesting responses by
11/7/23. (Bell Decl.). Plaintiff did not serve responses or request
an extension of time to respond. (Bell
Decl.).
Therefore, on 11/29/23, Defendant filed and served the
subject motions seeking:
(1) An order compelling Plaintiff to provide verified
responses to Defendant’s Form Interrogatories, Set 1 (General) served by mail
on 9/21/23, without objection, within 10 days
of the hearing on the motion.
Additionally, Defendant requests sanctions be imposed against Plaintiff
and her attorneys of record in the amount of $511.50;
(2) An order compelling Plaintiff to provide verified
responses to Defendant’s Request for Production of Documents, Set 1 (General)
served by mail on 9/21/23, without objection, within 10 days of the hearing on the motion. Additionally, Defendant requests sanctions be
imposed against Plaintiff and her attorneys of record in the amount of $511.50;
and
(3) An order compelling Plaintiff to provide verified
responses to Defendant’s Special Interrogatories, Set 1 (General) served by
mail on 9/21/23, without objection, within 10 days of the hearing on the motion. Additionally, Defendant requests sanctions be
imposed against Plaintiff and her attorneys of record in the amount of $511.50.
Plaintiff has not opposed or otherwise responded to the
motions.
ANALYSIS
Due to Plaintiff’s failure to provide timely responses to
the subject Form Interrogatories, Special Interrogatories and Requests for
Production of Documents, Defendant is entitled to orders compelling responses
without objections. CCP 2030.290(a),
(b); CCP 2031.300(a), (b).
Additionally, due to their failure to comply with their
discovery obligations, Defendant is entitled to an award of sanctions against
Plaintiff and her attorney of record.
CCP 2023.010(d), (i); CCP 2030.290(c); CCP 2031.300(c). As such, Defendant is entitled to an award of
sanctions against Plaintiff and her counsel of record, Jesse L. Halpern, in the
amount of $408.50 for each motion (1.2 hours to prepare each motion + .25 hour
to prepare each notice of non-opposition +.25 hour to appear on each motion multiplied
by $205/hour = $348.50 + $60.00 filing fee for each motion) for a total
sanction award of $1,225.50 ($408.50 multiplied by 3) against Plaintiff and her
attorney, Jesse L. Halpern.
CONCLUSION
The motions are granted.
Plaintiff is ordered to serve verified responses without objections to
the subject Form Interrogatories, Special Interrogatories and Requests for
Production of documents within 30 days.
Additionally, Plaintiff and her attorney, Jesse L. Halpern, are ordered
to pay Defendant sanctions in the amount of $408.50 for each motion for a total
of $1,225.50 within 30 days.