Judge: Michelle C. Kim, Case: 21STCV29759, Date: 2023-03-13 Tentative Ruling

Case Number: 21STCV29759    Hearing Date: March 13, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Defendant Frontier California, Inc. (“Defendant”) propounded Form Interrogatories (Set One), Inspection Demands (Set One), and Requests for Admission (collectively the “Discovery”) on Plaintiff Reyes Valadez (“Plaintiff”) on May 18, 2022.  After Defendant provided Plaintiff several extensions to provide the responses to the Discovery, the parties agreed to one final extension until September 2, 2022, and if Plaintiff did not provide responses by September 2, 2022, Defendant would move to compel answers and deem matters admitted.  Plaintiff did not serve responses by September 2, 2022, so on September 12, 2022, Defendant moved to compel responses and deem matters admitted to the Discovery.  Defendant also sought sanctions against Plaintiff and his counsel of record.  That same day, after Defendant filed the instant Motions, Plaintiff served responses to the Discovery.  (See Terzakarian Exh. A.)  (Fradkin Decl. Exhs. 1-3.)

Plaintiff has now provided responses to the Discovery.  Therefore, the Court finds that the motions to compel and deem admitted against Plaintiff are moot.  (St. Mary v. Superior Court (2014) 223 Cal.App.4th 762, 776.)  If Defendant believes that the responses are deficient or that objections are not appropriate, Defendant may make a motion to compel further responses.  (Id.)

The sole remaining issue is whether to impose sanctions.  Sanctions are mandatory.  (Id.)  Because responses were not served until after the motions were filed, sanctions are warranted.  Defendant seeks sanctions in the amount of $1,680 per motion – four hours to prepare each motion, two hours to analyzes the oppositions and prepare a reply, and two hours to appear at the hearing, all at $210 per hour.  The Court awards a total reasonable amount of $1,050, representing one hour per motion, one hour for the reply, and one hour total to appear at the hearing. 

Sanctions are sought and imposed against Plaintiff and his attorney of record, jointly and severally.  Defendant does not describe any conduct warranting sanctions against Plaintiff personally.  Sanctions are imposed against Plaintiff’s attorney of record only; they are ordered to pay sanctions to Defendant, by and through his attorney of record, in the total amount of $1,050, within twenty days.

            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