Judge: Michelle C. Kim, Case: 22STCV23988, Date: 2024-05-30 Tentative Ruling

Case Number: 22STCV23988    Hearing Date: May 30, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

EDWIN RENE GUZMAN, 

Plaintiff(s),¿¿ 

 

vs.¿ 

 

¿MIGUEL DEJESUS CRUZ MORENO, ET AL.,¿ 

Defendant(s). 

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      CASE NO: 22STCV23988 (R/T 22STCV23287) 

 

[TENTATIVE] ORDER GRANTING UNOPPOSED MOTIONS TO COMPEL 

 

Dept. 31 

1:30 p.m.  

May 30, 2024 

 

I. MOTIONS TO COMPEL 

Defendant Miguel Dejesus Cruz Moreno, (“Defendant”) propounded set one of form interrogatories, special interrogatories, and demand for production of documents on plaintiff Edwin Rene Guzman (“Plaintiff”) on April 28, 2023. Plaintiff has not served responses to date. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions.  

Any opposition was due on or before May 16, 2024; none have been filed.  

Therefore, because the evidence shows Plaintiff was properly served with discovery and failed to timely respond, any objections have been waived. Defendant’s unopposed motions are GRANTED. Plaintiff is ordered to serve verified responses to Defendant’s (1) form interrogatories, set one, (2) special interrogatories, set one, and (3) demand for production of documents, set one, all 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 did not file any opposition. However, sanctions may be awarded, even though no opposition was filed, pursuant to CRC 3.1348(a). Defendant seeks sanctions in the amount of $310 for each motion to compel.    

Defendant is awarded one hour for each motion to compel, and one hour to appear at the hearing (awarded only once), at the requested rate of $125 per hour for a total of $500 in attorney’s fees. Further, Defendant is awarded three motion filing fees of $60, for a total of $180, as costs.       

Sanctions are imposed against Plaintiff and Plaintiff’s attorney of record, jointly and severally. Plaintiff and/or Plaintiff’s counsel are ordered to pay sanctions to Defendant, by and through counsel of record, in the total amount of $680, 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 29th day of May 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court