Judge: Michelle C. Kim, Case: 22STCV15117, Date: 2024-03-25 Tentative Ruling

Case Number: 22STCV15117    Hearing Date: March 26, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

MARIO FERNANDO VELASQUEZ, ET AL., 

Plaintiff(s),  

vs. 

 

VIRGIE ROBRIGADO BINASAHAN, ET AL., 

 

Defendant(s). 

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      CASE NO: 22STCV15117 

 

[TENTATIVE] ORDER GRANTING UNOPPOSED MOTIONS TO COMPEL 

 

Dept. 31 

1:30 p.m.  

March 26, 2024 

 

I. MOTIONS TO COMPEL 

Defendant Virgie Robrigado Binasahan ("Defendant Virgie”) propounded (1) form interrogatories, set one, (2) special interrogatories, set one, and (3) demand for inspection and production of documents, set one, on plaintiff Reynaldo Garcia (“Plaintiff Garcia”) on August 2, 2023. After receiving no responses, defense counsel emailed Plaintiff’s counsel requesting responses by October 20, 2023. However, to date, Plaintiff Garcia has not served responses. Defendant Virgie therefore seeks an order compelling Plaintiff Garcia to respond, without objections, to the outstanding discovery and to pay sanctions.  

Any opposition was due on or before March 13, 2024. The motions are unopposed. 

For a motion to compel initial discovery responses, all a propounding party must show is that it properly served its discovery requests, that the time to respond has expired, and that the party to whom the requests were directed failed to provide a timely response. (See Leach v. Superior Court (1980) 111 Cal.App.3d 902, 905 906.) Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses. (Code Civ. Proc., §§ 2030.290; 2031.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) A party that fails to serve timely responses waives any objections to the request, including ones based on privilege or the protection of attorney work product. (Code Civ. Proc., § 2030.290, subd. (a); § 2031.300, subd. (a).)   

Therefore, because the evidence shows Plaintiff Garcia was properly served with discovery and failed to respond, Defendant Virgie’s unopposed motions are GRANTED. Plaintiff Garcia is ordered to serve verified responses to Defendant Virgie’s (1) form interrogatories, set one, (2) special interrogatories, set one, and (3) demand for inspection and production of documents, set one, without objections, within twenty (20) 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 Garcia did not file any opposition. However, sanctions may be awarded, even though no opposition was filed, pursuant to CRC 3.1348(a). Defendant Virgie seeks sanctions in the amount of $455.34 for each motion to compel.   

Defendant Virgie is awarded 1 hour to prepare each motion to compel at the legal assistant rate of $75 per hour, and one hour to appear at the hearing (awarded only once) at the requested attorney rate of $160.17 per hour, for a total of $385.17 in fees. Further, Defendant Virgie is awarded three motion filing fees of $60, for a total of $180, as costs.     

Sanctions are sought and imposed against Plaintiff Garcia and his attorney of record. Plaintiff Garcia and/or his counsel are ordered to pay sanctions to Defendant Virgie, by and through counsel of record, in the total amount of $565.17, 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 25th day of March 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court