Judge: Michael Shultz, Case: 23CMCV00013, Date: 2024-04-18 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. 

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Case Number: 23CMCV00013    Hearing Date: April 18, 2024    Dept: A

23CMCV00013 Annie Miller v. Washington Court Renewal LP

Thursday, April 18, 2024, at 8:30 a.m.

[TENTATIVE] ORDER GRANTING IN PART, DEFENDANT’S THREE MOTIONS TO COMPEL PLAINTIFF’S FURTHER RESPONSES TO FORM AND SPECIAL INTERROGATORIES, SET ONE, AND REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE; IMPOSITION OF MONETARY SANCTIONS

I.        BACKGROUND      

       This is an action for premises liability and negligence arising from an alleged dangerous condition on Defendant’s property. Defendant’s three motions filed on January 23, 2024, request orders to compel Plaintiff to provide further responses to written discovery served on September 8, 2023. Plaintiff served responses on November 8, 2023. Defendant believes the responses are deficient. Plaintiff did not respond to Defendant’s meet and confer letter and did not serve further responses.

       In opposition, Plaintiff argues that the motions are rendered moot since further responses were served on February 1, 2024. Plaintiff’s counsel contends she inadvertently missed defense counsel’s emails because they were marked “read” without having been read. Defendant failed to follow up with Plaintiff.

       Defendant argues the motions are not moot. Plaintiff’s further responses remain defective in substance because Plaintiff asserted improper and irrelevant objections, the responses are incomplete. Sanctions should be imposed for Plaintiff’s failure to meet and confer.             

II.      DISCUSSION

       A party can move to compel a further response to discovery where the party deems an answer to be evasive or incomplete or an objection is without merit or too general. (Code Civ. Proc., § 2030.300 subd. (a).) The parties are required to meet and confer prior to making the motion. (Code Civ. Proc., § 2030.300 subd. (b).)

       Defendant’s reply acknowledges receipt of Plaintiff’s further responses. The original responses, which are the subject of this motion, are no longer at issue. The parties are required to meet and confer in good faith with respect to the newly served responses.

       Plaintiff, however, did not serve further responses until after Defendant incurred costs and expenses to file these motions. Plaintiff has not shown substantial justification for her conduct. The Court finds that $185 per hour is a reasonable fee. The Court permits three hours (reduced from four) to prepare each motion, reply, and to appear ($555 per motion) and allows costs of $60 per motion ($180). Sanctions are awarded as follows:

III.    CONCLUSION

       As Plaintiff served further responses, an order compelling further responses is no longer necessary. To the extent Defendant believes the further responses are deficient, the parties are ordered to meet and confer in good faith. The Court GRANTS Defendant’s request for imposition of monetary sanctions of $1,845.00 for all three motions against Plaintiff and counsel of record, jointly and severally, payable to Defendant within 10 days.