Judge: Michelle C. Kim, Case: 20STCV15673, Date: 2023-04-19 Tentative Ruling

Case Number: 20STCV15673    Hearing Date: April 19, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Lymbhya Tavera Garcia (“Plaintiff”) filed this action against Defendant Target Brands, Inc. (“Defendant”) for injuries Plaintiff sustained when she slipped on a pool of liquid in Defendant’s store and fell. 

Plaintiff filed the instant motion to compel responses to requests for production of documents, set two, without objections, against Defendant on December 5, 2022. 

Plaintiff provides that it served the RPDs on Defendant by email on October 27, 2022, with responses being due on November 30, 2022.  Plaintiff asserts that as of the filing of the motion, no responses were served.  On its own motion, the Court takes judicial notice of the records and filings in this matter pursuant to Evidence Code § 452(d). 

            The Court notes on the on February 6, 2023, Defendant’s motion for relief of waiver of objections to Plaintiff RPDs, set two, was granted.  The evidence established that Defendant’s failure to serve timely responses to the RPDs was the result of defense counsel’s inadvertence, mistake or excusable neglect.  (Min. Order, Feb. 6, 2023.)  Moreover, Defendant submitted evidence with its motion for relief from waiver of objections, which was filed on December 22, 2022, showing that it served responses to Plaintiff’s RPDs on December 6, 2022.  (Mot. for Relief from Waiver of Objections, filed Dec. 22, 2022, Pedone Decl. Exh. D.) 

            To date, no party has filed anything additional relating to the instant motion to compel.  Because responses to RPDs, set two, have already been served on Plaintiff, the motion is moot.  (St. Mary v. Superior Court (2014) 223 Cal.App.4th 762, 776.)

            Sanctions are mandatory unless the one subject to sanctions acted with substantial justification or other circumstances make the imposition of sanctions unjust.  Plaintiff requests sanctions of $250 against Defendant.  However, Plaintiff does not describe any conduct warranting sanctions against Defendant directly.  Therefore, no sanctions are awarded. 

Defendant 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 19^th day of April 2023