Judge: Michelle C. Kim, Case: 21STCV10743, Date: 2023-03-13 Tentative Ruling

Case Number: 21STCV10743    Hearing Date: March 13, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

On June 28, 2022, Defendant Manual Carillo propounded Supplemental Interrogatories, Set One, and a Supplemental Demand for Inspection and Production of Documents, Set One, to Plaintiff Juan Torres.  (Compel Supp. Interrogatories, Exhibit “A”; Compel Supp. Demand for Production, Exhibit “A”.)  To date, despite attempts to meet and confer, Plaintiff Juan Torres has not served responses.  Defendant Manual Carillo therefore seeks an order compelling Plaintiff Juan Torres to respond within fifteen (15) days, without objection, to the Supplemental Interrogatories, Set One, and the Supplemental Demand for Inspection and Production of Documents, Set One.  Defendant Manual Carillo also seeks an order that Plaintiff Juan Torres and/or Plaintiff’s attorney of record, Ryan Daneshrad, pay monetary sanctions and attorney fees within fifteen (15) days in the sum of $585.00. 

In opposition, Plaintiff Juan Torres argues that he provided verified and code compliant supplemental responses. (Opposition, Exhibit “A”,)  However, in reply, Defendant Manual Carillo points out that his Motions to Compel are for the responses as to Juan Torres only and that the responses provided in opposition are for Cruz Torres only.  (Reply, Exhibit “A”.)

The Court finds that Plaintiff Juan Torres did not provide responses, and therefore Defendant’s Motions to Compel are granted.  Plaintiff Juan Torres is ordered to serve verified responses, without objection, to the Supplemental Interrogatories, Set One and the Supplemental Demand for Inspection and Production of Documents, Set One within fifteen (15) days of this ruling.  (CCP §§ 2030.290(b), 2030.210(a), 2031.300, 2031.210.)

The Court awards sanctions pursuant to CCP § 2023.030 (a), 2030.290 (c) and 2031.300.  Defendant is awarded one hour for preparing each form motion to compel [two hours total] and one hour to appear at the hearing—but is awarded this time only once—all at the reasonable rate of $175 per hour, for a total of $525 in attorney fees.  Defendant is also awarded $60.00 to cover the filing fee for each motion.  (Compel Supp. Interrogatories, Hillier Decl. ¶ 6; Compel Supp. Demand for Production, Hillier Decl. ¶ 6.)  Plaintiff’s attorney of record is ordered to pay sanctions in the amount of $645 to Defendant, by and through counsel of record, within fifteen (15) days of this ruling.

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 13^th day of March 2023