Judge: Michael Shultz, Case: 24STCV16283, Date: 2025-04-11 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: 24STCV16283    Hearing Date: April 11, 2025    Dept: 40

24STCV16283 Antoneisha Brown v. KOR Holdings, LLC et al.

[TENTATIVE] ORDER GRANTING MOTION BY DEFENDANT, PHILLIP PERRIOTT, TO COMPEL PLAINTIFF’S PRODUCTION OF DOCUMENTS AND REQUEST FOR MONETARY SANCTIONS

      The complaint alleges that Plaintiff loaned $100,000 to Defendants secured by two parcels of real property. Defendants failed make installment payments. Plaintiff alleges claims for breach of contract, fraud, common count, and negligent misrepresentation.

      Defendant, Phillip Perriott, served Plaintiff with a notice of deposition that included a request to produce 10 categories of documents. Plaintiff appeared for her deposition on January 21, 2025, but did not produce documents. Plaintiff did not respond to Defendant’s inquiry about the documents.

      Defendant timely served Plaintiff with the motion. No opposition has been filed.

      The failure to timely respond to a document demand results in a waiver of any objection to the demand, including one based on privilege or work product doctrine. Sanctions may be imposed where the party subject to the sanction lacks substantial justification for the conduct. (Code Civ. Proc., § 2031.300.)

      Counsel inquired with Plaintiff’s counsel after the deposition, but Plaintiff did not respond (Elizabeth Afriyie decl. ¶ 8.)

      Based on the foregoing, Defendant’s motion is GRANTED. Plaintiff is ordered to provide verified responses without objection to the document request and to produce documents in response within 10 days. The court imposes sanctions against Plaintiff, Antoneisha Brown, and her counsel, Omar Taylor, jointly and severally, totaling $2,000 incurred to prepare the motion and appear (8 hours x $250/hour). Sanctions are payable to Defendant’s counsel within 10 days.