Judge: Michelle C. Kim, Case: 20STCV36565, Date: 2023-08-21 Tentative Ruling

Case Number: 20STCV36565    Hearing Date: November 28, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

JUAN C. ESCAMILLA TOLEDANO, 

Plaintiff(s),  

vs. 

 

RONIT YOUSHEI HAROONIAN, ET AL., 

 

Defendant(s). 

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      CASE NO: 20STCV36565 

 

[TENTATIVE] ORDER RE: MOTION TO COMPEL FURTHER RFP 

 

Dept. 31 

1:30 p.m.  

November 28, 2023  

 

Plaintiff Juan C. Escamilla Toledano (“Plaintiff”) filed this action against Defendant Ronit Youshei Haroonian (“Defendant”) for damages arising from a motor vehicle accident.  

 

Plaintiff moves the Court for an order compelling Defendant to provide further responses to Plaintiff’s request for production, set no. 2, related to sub rosa surveillance materials. However, as discussed at the November 7, 2023 Informal Discovery Conference (“IDC”), defense counsel admitted that there was no sub-rosa surveillance. Therefore, the substantive portion of Plaintiff’s motion to compel further is moot. (Min. Order, Nov. 7, 2023.) The only issue remaining is monetary sanctions.  

 

Sanctions are mandatory against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a further response.  (CCP §§ 2030.300(d), 2031.310(h).)  At the November 7, 2023 IDC, defense counsel admitted there was no sub-rosa and that he did not know why his staff continued on the issue. After multiple IDCs over non-existent sub-rosa surveillance material, the Court finds sanctions warranted here. Plaintiff requests sanctions in the amount of $1,636.65.  

 

The Court awards Plaintiff 2 hours to draft the motion, and 1 ½ hours to prepare a reply and appear at the hearing for the motion at the requested rate of $350 per hour, for a total of $1,225 in attorney’s fees. Further, Plaintiff is awarded $61.65 for the motion filing fee, as costs. 

  

Sanctions are imposed against Defendant and Defendant’s counsel of record, jointly and severally. Defendant and/or her counsel are ordered to pay sanctions to Plaintiff, by and through counsel of record, in the total amount of $1,286.65, within twenty (20) days. 

  

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 27th day of November 2023 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court