Judge: Michelle C. Kim, Case: 21STCV32850, Date: 2023-04-05 Tentative Ruling

Case Number: 21STCV32850    Hearing Date: April 5, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Christopher D. Green (“Plaintiff”) alleges that on or about September 5, 2019, he was involved in an auto accident with Defendant Paola Isabel Ruvalcaba (“Defendant”). Plaintiff filed this lawsuit on September 3, 2021.

On November 15, 2021, Defendant served written discovery on Plaintiff, including request for production of documents (“RPDs”), set one.  To date, despite Defendant granting extensions of time for Plaintiff to respond and attempting to meet and confer with Plaintiff’s counsel, Plaintiff has not served any responses.  Defendant therefore seeks an order compelling Plaintiff to provide verified responses to the RPDs and for monetary sanctions in the amount of $690.00 against Plaintiff and/or his counsel of record.

            Plaintiff has failed to respond to Defendant’s RPDs, set one, and does not oppose this motion. Therefore, Defendant’s motion is granted.  (CCP § 2031.300(a), (b).)  Plaintiff is ordered to serve verified responses, without objections, to RPDs, set one, within ten (10) days of the date of this order.

Sanctions are mandatory unless the one subject to sanctions acted with substantial justification or other circumstances make the imposition of sanctions unjust.  (CCP § 2031.300(c).)  Defendant is awarded one hour for preparing the motion to compel and one-half hour to appear at the hearing at the reasonable rate of $210 per hour, plus the filing fee of $60, for a total of $375 in attorney fees and costs.

Defendant seeks sanctions against Plaintiff and/or Plaintiff’s attorney of record.  Defendant does not describe any conduct warranting sanctions against Plaintiff personally.  The evidence shows that the discovery was served on, and the meet and confer attempt was made with, Plaintiff’s counsel, but Plaintiff’s counsel did not respond.  Sanctions are imposed against Plaintiff’s attorney of record only.  Plaintiff’s counsel is ordered to pay sanctions to Defendant, by and through counsel of record, in the total amount of $375, within twenty (20) days.

The Court orders Defendant 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 5^th day of April 2023