Judge: Michelle C. Kim, Case: 22STCV22600, Date: 2023-06-22 Tentative Ruling

Case Number: 22STCV22600    Hearing Date: June 22, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

DOLORES ANGEL, 

Plaintiff(s),  

vs. 

 

JUN JIANG, ET AL., 

 

Defendant(s). 

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      CASE NO: 22STCV22600 

 

[TENTATIVE] ORDER GRANTING DEFENDANTS’ MOTIONS TO COMPEL 

 

Dept. 31 

1:30 p.m.  

June 22, 2023 

 

Defendants Jun Jiang and Huilan Li (“Defendants”) propounded form interrogatories, special interrogatories, and request for production of documents (“RPDs”) on Plaintiff Felix Rosalio Juarez (“Plaintiff Juarez”) on September 22, 2022.  To date, despite an attempt to meet and confer, Plaintiff Juarez has not served responses. (Decl. Hurley, 3.) Defendants therefore seek an order compelling Plaintiff Juarez to respond, without objections, to the outstanding discovery and to pay sanctions. 

 

Defendants’ motions are granted.  Plaintiff Juarez is ordered to serve verified responses to form interrogatories, special interrogatories, and RPDs, without objections, within twenty (20) days. (CCP §§ 2030.290(a),(b), 2031.300(a),(b).) 

 

Sanctions are mandatory against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to interrogatories, unless a court makes certain findings.¿ (Code Civ. Proc., § 2030.290(c), 2031.300(c).)¿ No oppositions were filed. However, sanctions may be awarded, even though no opposition is filed pursuant to CRC 3.1348(a). Defendants seek sanctions in the amount of $572 for each motion.   

Defendants are awarded 1 hour for preparing of each motion to compel form interrogatories, special interrogatories, and RPDs, and 1 hour to appear at the hearing (awarded only once), all at the reasonable rate of $133 per hour, for a total of $532 in attorney fees.   

Further, Defendants are awarded three motion filing fees of $40, or $120 total, as costs.   

Defendants seek sanctions against Plaintiff Juarez and Plaintiff’s attorney of record.  Sanctions are imposed against Plaintiff Juarez and Plaintiff’s attorney, jointly and severally. Plaintiff Juarez and Plaintiff’s counsel are ordered to pay sanctions to Defendants, by and through counsel of record, in the total amount of $652, within twenty (20) days. 

 

Moving Defendants are 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 21st day of June 2023 

 

  

 

 

Hon. Michelle Kim 

Judge of the Superior Court