Judge: Michael E. Whitaker, Case: 21STCV25206, Date: 2022-12-08 Tentative Ruling

Case Number: 21STCV25206    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

            Plaintiff Francisco Rodriguez (Plaintiff) moves to compel responses from Defendant Francisco Cervantes Magana (Defendant) to Request for Production of Documents and Things, Set Two (RPD).  Plaintiff seeks monetary sanctions in connection with the motion.  Defendant opposes the motion.  Plaintiff replies to the opposition.

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, subds. (a)-(b).)  

Here, Plaintiff served Defendant with the RPD on April 7, 2022, by electronic mail. Defendant’s responses were thus due by May 11, 2022.  After granting extensions to permit Defendant to serve responses to the RPD, as of the filing date of the motion, Plaintiff has not received responses from Defendant.  (See Declaration of Esteban Espinosa-Ulloa, ¶¶ 6-12.)  Accordingly, the Court finds that Defendant has failed to serve timely responses to the RPD.

Plaintiff requests monetary sanctions in connection with the motion.  The Court finds that Defendant’s failure to respond to the subject discovery requests is an abuse of the discovery process, warranting monetary sanctions.  (See Code Civ. Proc., §§ 2023.010, subd. (d), 2030.290, subd. (c), 2031.300, subd. (c).)  In opposition, counsel for Defendant, Paul Jacobs (Jacobs) advances his declaration.  Jacobs intimates that contact with Defendant was lost for a period of time, but contact has been reestablished so that Defendant will be able to provide responses to the RPD.  (See Declaration of Paul Jacobs, ¶¶ 4-5.)  Thus, the Court will impose monetary sanctions against Defendant, in the amount of $560, which represents two hours of attorney time to prepare the motion and attend the hearing at $250.00 per hour, plus the motion filing fee of $60. 

CONCLUSION AND ORDER

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

Further, the Court orders Defendant, to pay monetary sanctions in the amount of $560 to Plaintiff, by and through counsel for Plaintiff, within 30 days of notice of the Court’s orders. 

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