Judge: Michael Shultz, Case: 21CMCV00157, Date: 2023-04-27 Tentative Ruling
INSTRUCTIONS: If the parties wish to submit on the tentative ruling and avoid a court appearance on the matter, the moving party must:
1. Contact the opposing party and all other parties who have appeared in the action and confirm that each will submit on the tentative ruling.
2. No later than 4:00 p.m. on the court day before the hearing, call the Courtroom (310-761-4302) advising that all parties will submit on the tentative ruling and waive hearing; and
3. Serve notice of the Court's ruling on all parties entitled to receive service.
If this procedure is followed, when the case is called the Court will enter its ruling on the motion in accordance with its tentative ruling. If any party declines to submit on the tentative ruling, then no telephone call is necessary, and all parties should appear at the hearing. If there is neither a telephone call nor an appearance, then the matter may either be taken off calendar or ruled on.
TENTATIVE RULINGS -- http://www.lacourt.org/tentativeRulingNet/u
Case Number: 21CMCV00157 Hearing Date: April 27, 2023 Dept: A
21CMCV00157 Alexandra A. Perkins v. Lonnie D. Shell
[TENTATIVE] ORDER
GRANTING PLAINTIFF’S MOTION TO COMPEL DEFENDANT’S RESPONSES TO FORM
INTERROGATORIES AND REQUEST FOR MONETARY SANCTIONS
[TENTATIVE] ORDER
GRANTING PLAINTIFF’S MOTION TO COMPEL DEFENDANT’S RESPONSES TO REQUEST FOR
PRODUCTION OF DOCUMENTS AND REQUEST FOR MONETARY SANCTIONS
[TENTATIVE]
ORDER GRANTING PLAINTIFF’S MOTION FOR COMPELLING RESPONSES TO REQUESTS FOR
ADMISSION AND REQUEST FOR MONETARY SANCTIONS
The complaint alleges that the
parties own residential real property as tenants in common. Defendant is the
tenant in possession, is unable to pay the mortgage but refuses to voluntarily
sell the property. Plaintiff alleges claims for partition by sale and for an
accounting.
On July 7, 2022, the Court issued an
order granting defense counsel’s motion to be relieved as counsel of record for
defendant. On August 16, 2022, defense counsel filed proof of service of the order
on the client by mail.
Plaintiff served written discovery
on June 28, 2022, on Defendant. Despite efforts to meet and confer, Defendant
did not serve responses. Plaintiff requests an order compelling responses and
imposing monetary sanctions against Defendant. Plaintiff served the motion on
Defendant, Lonnie Shell, now self-represented, on January 6, 2023. No
opposition has been filed.
Where a party fails to timely
respond to form interrogatories and request for production of documents, the
court has authority to compel a response and impose monetary sanctions. (Code
Civ. Proc., §2030.290(b); 2031.300). Untimely responses result in a waiver of
objections. (Code Civ. Proc., § 2030.290(a); 2031.300). Accordingly, the Court
GRANTS the motions to compel Defendant’s responses to the foregoing discovery. Defendant
is ordered to provide verified responses without objection to the foregoing
discovery within 10 days. The Court imposes monetary sanctions of $510 for each
motion ($300 per hour x 1 hour to prepare each motion, .5 hours to appear, and
filing fees of $60) incurred for preparing the motions against Defendant,
Lonnie D. Shell, payable to Plaintiff’s counsel within 10 days.
Where a party fails to respond to
requests for admission, the court can deem the requests admitted against the
non-responding party. (Code Civ. Proc., §
2033.280 subd. (c)). The statute does not
provide a remedy for compelling initial responses to the request. (Id.).
Accordingly, the motion to compel a response to requests for admission is
DENIED.