Judge: Michelle C. Kim, Case: 20STCV45945, Date: 2024-05-28 Tentative Ruling

Case Number: 20STCV45945    Hearing Date: May 28, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

ADRIANA DORANTES, 

Plaintiff(s),  

vs. 

 

MOHSEN HAMIDI HASHEMI, ET AL., 

 

Defendant(s). 

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      CASE NO: 20STCV45945 

 

[TENTATIVE] ORDER GRANTING DEFENDANT’S MOTION TO COMPEL RESPONSES TO SUPPLEMENTAL DISCOVERY 

   

Dept. 31 

1:30 p.m.  

May 28, 2024 

 

I. MOTION TO COMPEL SUPPLEMENTAL DISCOVERY 

On January 12, 2024, defendant Mohsen Hamidi Hashemi (“Defendant”) served supplemental interrogatory and supplemental request for production of documents on Plaintiff Adriana Dorantes (“Plaintiff”). To date, Plaintiff has not served responses. Defendant therefore moves the Court for an order compelling them to provide responses to the outstanding discovery and to pay sanctions. 

As of May 15, 2024, no opposition has been filed.  

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’s supplemental interrogatory and supplemental request for production of documents, without objections, within fifteen (15) days. (CCP §§ 2030.290 (a),(b); 2031.300(a),(b).)  

 

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. §§ 2030.290(c); 2031.300(c).)¿ Plaintiff did not file any opposition. However, sanctions may be awarded, even though no opposition was filed, pursuant to CRC 3.1348(a). Defendant seeks $935 in monetary sanctions for each 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.) Defendant is awarded $250 per motion as attorney’s fees, and the motion filing fee of $60 for each motion.  

Sanctions are sought and imposed against Plaintiff and Plaintiff’s attorney of record, jointly and severally. Plaintiff and/or her counsel are ordered to pay sanctions to Defendant, by and through counsel of record, in the total amount of $620, within fifteen (15) 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 May 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court