Judge: Michael E. Whitaker, Case: 21STCV20107, Date: 2022-12-09 Tentative Ruling

Case Number: 21STCV20107    Hearing Date: December 9, 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

Defendants Desiree Cheyenne Corrales and Julissa Ochoa (collectively, “Defendants”) move for an Order compelling Plaintiff Shane Mondia (“Plaintiff”) to serve a verified response to Defendants’ Demand for Production of Documents (Set Number Two), without objections, within twenty days of this Court’s Order, pursuant to Code of Civil Procedure 2031.300, subdivision (b).  (Code Civ. Proc., § 2031.300, subd. (b).)  Defendants additionally move for an Order imposing monetary sanctions against Plaintiff in the sum of $585.00, to be paid within twenty days of this Court’s Order, pursuant to Code of Civil Procedure section 2031.300, subdivision (c).  (Code Civ. Proc., § 2031.300, subd. (c).)

ANALYSIS

“If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it, the following rules shall apply: ¶(a) The 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). . . . ¶(b) The party making the demand may move for an order compelling response to the demand.”  (Code Civ. Proc., § 2031.300, subds. (a)-(b).)  “Within 30 days after service of a demand for inspection, copying, testing, or sampling, the party to whom the demand is directed shall serve the original response to it on the party making the demand . . . .”  (Code Civ. Proc., § 2031.260, subd. (a).)

“Except as provided in subdivision (d), the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to a demand for inspection, copying, testing, or sampling, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.”  (Code Civ. Proc., § 2031.300, subd. (c).)

Defendants have sufficiently presented evidence in order to award the relief requested.  Defendants demonstrate, on approximately February 28, 2022, Plaintiff was served with Defendants’ Demand for Production (Set Number Two), by and through electronic service upon Plaintiff’s counsel.  (Chidi Decl., ¶ 2, Ex. A at pp. 7-8 [proof of service states Demand for Production (Set Number Two) was served by electronic service upon nordblomlaw@gmail.com, the email address specified upon Plaintiff’s Complaint as the email address of Plaintiff’s counsel].)  It follows, pursuant to the relevant provisions of the Code of Civil Procedure, Plaintiff was required to serve a verified response to Defendants’ Demand for Production (Set Number Two) no later than April 1, 2022.  (Code Civ. Proc., §§ 2031.260 (a) [responding party must respond to requests for production within 30 days of service], 1010.6, subd. (a)(4)(B) [time to respond extended by two court days where served by electronic transmission].)  Defendants demonstrate Plaintiff has failed to serve a response by this deadline, and at all.  (Chidi Decl., ¶ 5 [“To date, I have not received plaintiff’s verified responses to Demand for Production.”].)  Accordingly, Defendants have sufficiently demonstrated Plaintiff has failed to serve a timely response to Defendants’ Demand for Production (Set Number Two).  Therefore, pursuant to Code of Civil Procedure section 2031.300, subdivision (b), Defendants are entitled to an Order compelling Plaintiff’s service of a verified response to Defendants’ Demand for Production (Set Number Two), without objections, within twenty days of this Court’s Order.

The Court additionally concludes Defendants are entitled to an Order issuing monetary sanctions against Plaintiff, pursuant to Code of Civil Procedure section 2031.300, subdivision (c).  (Code Civ. Proc., § 2031.300, subd. (c).)  Plaintiff has not opposed Defendants’ present Motion and, therefore, the Court is without any reason to conclude that Plaintiff’s failure to serve a response to Defendants’ Demand for Production (Set Number Two) was due to substantial justification.  Accordingly, Plaintiff is ordered to pay a monetary sanction to Defendants in the amount of $410 (hourly rate of $175.00 multiplied by 2 hours for preparing the Motion and appearing for hearing, plus $60.00 motion filing fee).  (Chidi Decl., ¶ 6.)

CONCLUSION AND ORDER

Defendants’ Motion to Compel Response to Request for Production of Documents (Set Number Two) is GRANTED.  Plaintiff is ordered to serve a verified response to Defendants’ Demand for Production (Set Number Two), without objections, within twenty days of notice of this Court’s Order.  Plaintiff is additionally ordered to pay a monetary sanction to Defendants, through counsel for Defendants, in the amount of $410, within twenty days of notice of this Court’s Order.

Defendants shall provide notice of the Court’s orders and file a proof of service regarding the same.