Judge: Michelle C. Kim, Case: 20STCV41786, Date: 2024-02-20 Tentative Ruling

Case Number: 20STCV41786    Hearing Date: March 27, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

VINCENT ROSSIELLO, 

Plaintiff(s),  

vs. 

 

BRIAN SANCHEZ ROJAS, ET AL., 

 

Defendant(s). 

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      CASE NO: 20STCV41786 

 

[TENTATIVE] ORDER FINDING MOTION TO COMPEL MOOT 

 

Dept. 31 

1:30 p.m.  

March 27, 2024 

 

I. MOTION TO COMPEL¿ 

On March 22, 2023, plaintiff Vincent Rossiello (“Plaintiff”) served his request for production of documents (“RPDs”), set one, on defendant Brian Sanchez Rojas (“Defendant”). As of the date of the motion’s filing, Defendant has not served responses. Plaintiff therefore seeks an order compelling Defendant to respond, without objections, to the outstanding discovery and to pay sanctions.  

In opposition, Defendant contends he served verified responses to the RPDs on February 1, 2024. Plaintiff, on reply, concedes responses were served, and argues only the imposition of monetary sanctions.  

Based on the foregoing, the Court finds that the motion to compel MOOT in light of the responses served on Plaintiff prior to the hearing. (St. Mary v. Superior Court (2014) 223 Cal.App.4th 762, 776.) 

 

II. 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., § 2031.300(c).) It is undisputed that responses were untimely served. Plaintiff seeks sanctions in the amount of $1,060 for the motion. 

A court has discretion to award sanctions that are “suitable and necessary to enable the party seeking discovery to obtain the objects of the discovery he seeks” but they should not be punitive in nature or levied for the purposes of punishing an offending party. (Vallbona v. Springer (1996) 43 Cal.App.4th 1525, 1545.)       

Plaintiff has already been previously awarded monetary sanctions for a similar motion that was also rendered moot. It would not serve any purpose in enabling Plaintiff to obtain discovery that was already provided by granting the same amount previously provided at this juncture. Plaintiff is therefore awarded $250 in attorney’s fees for having to bring the motion, and one motion filing fee of $60 as costs.      

Sanctions are sought and imposed against Defendant and his attorney of record, jointly and severally. Defendant and/or his counsel are ordered to pay sanctions to Plaintiff, by and through counsel of record, in the total amount of $310, 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 26th day of March 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court