Judge: Michelle C. Kim, Case: 19STCV20112, Date: 2023-05-11 Tentative Ruling

Case Number: 19STCV20112    Hearing Date: May 11, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

Defendant, Brenden Otero (“Defendant”), propounded request for supplemental interrogatories on Plaintiff, Michael Garfoot (“Plaintiff”) on March 9, 2022.  To date, despite an extension of time to respond and attempts to meet and confer, Plaintiff has not served responses.  Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. 

Defendant’s motions are unopposed and granted.  Plaintiff is ordered to serve verified responses to interrogatories, without objections, within ten days.  (CCP §§ 2030.290(a), (b).) 

Sanctions are mandatory.  (CCP §§ 2030.290(c).)  Defendant seeks sanctions in the amount of $700.  The court awards Defendant one hour for preparing the motion to compel and one hour to appear at the hearing at the requested rate of $200 per hour, for a total of $400 in attorney’s fees.  Further, the court awards Defendant motion filing fee of $60 as costs.   

Defendant seeks sanctions against Plaintiff and Plaintiff’s attorney of record.  Defendant does not describe any conduct warranting sanctions against Plaintiff personally.  Sanctions are imposed against Plaintiff’s attorney of record.  Plaintiff’s counsel is ordered to pay sanctions to Defendant, by and through counsel of record, in the total amount of $460.00, within twenty days. 

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.  
• 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. 
• The Court is not available to hear oral argument on this date.  If the parties do not submit on the tentative and want oral argument, the hearing will have to be continued, and the parties must work with the clerk to find an available date for the continuance.

Dated this 11^th day of May 2023

SUPERIOR COURT OF THE STATE OF
CALIFORNIA

FOR THE COUNTY OF LOS ANGELES –
CENTRAL DISTRICT

The motion is DENIED without prejudice.

Defendant Brenden Otero (“Defendant”) moves to compel
responses to supplemental demand, against Plaintiff Michael
Garfoot (“Plaintiff”).  Defendant asserts that Plaintiff has not served responses
to the request for supplemental production.  However, the proof of service
of the request for supplemental responses is incomplete.    

Because the Court cannot determine that Defendant properly
served the discovery request, the motion is denied.  The denial is without
prejudice.  The request for sanctions is denied.   

Moving party is to give notice of ruling. 

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.  


• 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. 


• The Court is not available
  to hear oral argument on this date.  If the parties do not submit on
  the tentative and want oral argument, the hearing will have to be
  continued, and the parties must work with the clerk to find an available
  date for the continuance.

Dated this 11^th day
of May 2023