Judge: Michelle C. Kim, Case: 19STCV17388, Date: 2023-08-30 Tentative Ruling

Case Number: 19STCV17388    Hearing Date: March 18, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

AIDA BRACKENS, 

Plaintiff(s),  

vs. 

 

BERMUDA MANUFACTURED HOME PARK, ET AL., 

 

Defendant(s). 

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      CASE NO: 19STCV17388 

 

[TENTATIVE] ORDER GRANTING DEFENDANT’S UNOPPOSED MOTIONS TO COMPEL DISCOVERY RESPONSES 

 

   

Dept. 31 

1:30 p.m.  

March 18, 2024 

 

I. BACKGROUND 

On January 16, 2023, defendant Nowell Children’s 1988 Revocable Trust dba Bermuda Mobile Home Community, erroneously sued as Bermuda Manufactured Home Park, (“Defendant”) propounded request for production of documents (“RPDs), on plaintiff Aida Brackens (“Plaintiff”). On February 22, 2023, Defendant also propounded supplemental interrogatory, set one, on Plaintiff. After following up with Plaintiff’s counsel regarding the outstanding responses, Plaintiff has not served responses. Defendant thus moves the Court for an order compelling Plaintiff to provide responses to the outstanding discovery and to pay sanctions. 

As of March 5, 2024, no oppositions have been filed.  

 

II. MOTIONS TO COMPEL  

A party may propound a supplemental interrogatory or supplemental demand for production of documents to elicit any later acquired information bearing on all answers previously made by any party.  (Code of Civ. Proc., §§ 2030.070, subd. (a), 2031.050, subd. (a).)  Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses.  (Code Civ. Proc., §§ 2030.290, 2031.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) There is no time limit for a motion to compel responses to interrogatories or production of documents other than the cut-off on hearing discovery motions 15 days before trial. (Code Civ. Proc., §§ 2024.020, subd. (a), 2030.290; Code Civ. Proc., § 2031.300.) No meet and confer efforts are required before filing a motion to compel responses to the discovery. (Code Civ. Proc., § 2030.290; Code Civ. Proc., § 2031.300; Sinaiko Healthcare Consulting, Inc., supra, 148 Cal.App.4th at 411.)   

Therefore, because the evidence shows Plaintiff was properly served with discovery and failed to respond, Defendant’s unopposed motions are GRANTED. Plaintiff is ordered to serve verified responses to Defendant Nowell Children’s 1988 Revocable Trust dba Bermuda Mobile Home Community’s supplemental interrogatory, set one, and RPDs, set two, within twenty (20) days.  

 

III. SANCTIONS 

Sanctions are mandatory against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response, unless a court makes certain findings.¿ (Code Civ. Proc., § 2030.290(c); §2031.300(c).)¿  

However, CCP § 2023.040 provides that a request for sanction shall be accompanied by a declaration setting forth facts supporting the amount of any monetary sanction sought. Defense counsel’s declaration fails to provide how she calculated $1,050 in sanctions to support the amount requested. The request for monetary sanctions is therefore denied. 

 

Moving party is ordered to give notice.   

 

PLEASE TAKE NOTICE: 

  • Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement. 

  • If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept31@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.¿¿ 

  • Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.¿¿ 

  • If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.¿ 

 

Dated this 15th day of March 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court