Judge: Michael Shultz, Case: 22STCV15731, Date: 2025-01-16 Tentative Ruling

DEPARTMENT 40 - MICHAEL J. SHULTZ  - LAW AND MOTION RULINGS
The Court issues tentative rulings on certain motions.The tentative ruling will not become the final ruling until the hearing [see CRC 3.1308(a)(2)]. If the parties wish to submit on the tentative ruling and avoid a court appearance, all counsel must agree and choose which counsel will give notice. That counsel must 1) email Dept 40 by 8:30 a.m. on the day of the hearing (smcdept40@lacourt.org) with a copy to the other party(ies) and state that all parties will submit on the tentative ruling, and 2) serve notice of the ruling on all parties. If any party declines to submit on the tentative ruling, then no email is necessary and all parties should appear at the hearing in person or by Court Call. 

Case Number: 22STCV15731    Hearing Date: January 16, 2025    Dept: 40

22STCV15731 Eduardo Guzman v. Kotobuki-Ya, Inc., dba CPS

Thursday, January 16, 2025

[TENTATIVE] ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL DEFENDANT’S RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE AND REQUEST FOR MONETARY SANCTIONS

[TENTATIVE] ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL DEFENDANT’S FURTHER RESPONSE TO SPECIAL INTERROGATORIES, THREE AND REQUEST FOR MONETARY SANCTIONS 

I.       BACKGROUND

      The complaint alleges claims for age discrimination in violation of the Fair Employment and Housing Act and for wrongful termination in violation of public policy.  Plaintiff files motions to compel written discovery responses and further responses from Defendant.   

      A motion to compel further responses to special interrogatories is proper where the moving party believes the statement of compliance is incomplete, or a representation of inability to comply is inadequate, evasive and/or an objection is without merit or too general. (Code Civ. Proc., sections 2030.300 subd. (a).)  A party may move to compel responses to request for production of documents where a party fails to respond at all. In that case, all objections are waived. (Code Civ. Proc., § 2031.300.)

      As Defendant did not file an opposition, there is no dispute that the requested discovery is relevant and discoverable.  Plaintiff is entitled to recover costs and fees incurred to prepare these two motions as follows:

      Based on the foregoing, Plaintiff’s motions are GRANTED. Defendant is ordered to serve verified responses without objection to request for production of documents and to serve further verified responses without objection to special interrogatories, set three within 10 days. The court imposes total sanctions of $1,920 for both motions against Defendant, Kotobuki-Ya, payable to Plaintiff within 10 days.