Judge: Michael E. Whitaker, Case: 20STCV06049, Date: 2022-12-08 Tentative Ruling

Case Number: 20STCV06049    Hearing Date: December 8, 2022    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely (which is highly encouraged).  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

MOTION

Defendant CalPortland Company (“Defendant”) moves to compel Plaintiff Guadalupe Del Carmen Andrade’s (“Plaintiff Guadalupe”) responses to Request for Production of Documents (Set One) (“RFP”).  Defendant requests monetary sanctions in connection with the motion.  Plaintiff Guadalupe has not filed an opposition to the motion. 

In addition, Defendant moves to compel Plaintiff Maria Andrade’s (“Plaintiff Maria”) responses to Request for Production of Documents (Set One) (“RFP”).  Defendant requests monetary sanctions in connection with the motion.  Plaintiff Maria has not filed an opposition to the motion.

ANALYSIS

Under Code of Civil Procedure section 2031.300, “[i]f 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 under Chapter 4 (commencing with Section 2018.010.  . . .   [and] The party making the demand may move for an order compelling response to the demand.  (Code Civ. Proc., § 2031.300(a)-(b).)

Here, Defendant served the RFPs on Plaintiffs Guadalupe and Maria on June 4, 2021, electronically.  Plaintiffs’ responses to the RFPs were thus due by July 7, 2022.  Defendant granted extensions for Plaintiffs to provide responses to the RFPs, which extended the deadline to provide responses to August 4, 2021.  (Watts Decl., ¶¶ 3-5.)  As of the filing date of the motions, Defendant has not received responses from Plaintiffs.  Accordingly, the Court finds that Plaintiffs failed to serve timely responses to the RFPs.

Defendant requests monetary sanctions in connection with the motions against Plaintiffs and their attorney of record.  The Court finds that Plaintiffs’ failure to respond to the subject discovery requests are abuses of the discovery process, warranting monetary sanctions.  (See Code Civ. Proc., §§ 2023.010, 2031.300(c).)  Thus, the Court will impose monetary sanctions against each Plaintiff (Guadalupe and Maria) and their counsel of record, Fred Hanassab of the Law Offices of Fred Hanassab, in the amount of $420, which represents 1.5 hours of attorney time to prepare the motions and attend the hearing at $240 per hour, plus the filing fees at $60 per motion.  

CONCLUSION AND ORDER

            Therefore, the Court grants Defendant’s motions to compel responses to the RFPs per Code of Civil Procedure section 2031.300, and orders Plaintiffs to serve verified responses to the RFPs, without objections, within 30 days of notice of the Court’s orders.

             Further, the Court orders each Plaintiff (Guadalupe and Maria) and Plaintiffs’ counsel of record, Fred Hanassab of the Law Offices of Fred Hanassab, jointly and severally, to pay monetary sanctions in the amount of $420 to Defendant, by and through counsel for Defendant, within 30 days of notice of the Court’s orders. 

 Defendant shall provide notice of the Court’s orders and file a proof of service of such.