Judge Michelle C. Kim, Case Number: 22STCV27773, Date: 2023-08-08 Tentative Ruling

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

ALMA ROSA ISELA RODRIGUEZ,

Plaintiff(s),

vs.

BLUE KING PRODUCTIONS, ET AL.,

Defendant(s).

)

CASE NO: 22STCV27773

[TENTATIVE] ORDER GRANTING DEFENDANTS’ MOTIONS TO COMPEL

Dept. 31

1:30 p.m.

August 10, 2023

1. Motions to Compel¿

Defendant Blue King Productions (“Blue King”) and Kevin Michael Linehan (“Linehan”) (collectively, “Defendants”) seek an order compelling responses to discovery. Defendant Linehan propounded set one of special interrogatories and request for production of documents (“RPDs”) on Plaintiff Alma Rosa Isela Rodriguez (“Plaintiff”) on November 3, 2022 by electronic mail. (Mot. Decl. Yee ¶ 2; Exh. A.) Plaintiff’s responses were due on or before December 5, 2022. On December 15, 2022, defense counsel electronically mailed a letter to Plaintiff’s counsel regarding the outstanding discovery responses (Id. at ¶ 4; Exh. B.) To date, Plaintiff has not served responses. (Id. at ¶ 5.) Defendants 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 July 28, 2023. No oppositions were filed.

Defendants’ unopposed motions are granted. Plaintiff is ordered to serve verified responses to Defendant Linehan’s set one of special interrogatories and RPDs, without objections, within fifteen (15) days. (CCP §§ 2030.290(a),(b), 2031.300(a),(b).)

2. Sanctions¿

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).)¿ Plaintiff did not file any oppositions. However, sanctions may be awarded, even though no oppositions were filed pursuant to CRC 3.1348(a). Defendants seek sanctions in the amount of $780 for each motion.

Defendants are awarded 1 hour to prepare each motion to compel and one hour to appear at the hearing- but is awarded this time only once- all at the requested rate of $200 per hour, for a total of $600 in attorney fees.

Further, Defendants are awarded two motion filing fees of $60, for a total of $120, as costs.

Defendants seek sanctions against Plaintiff and Plaintiff’s attorney of record. 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 Defendants, by and through counsel of record, in the total amount of $720, within twenty (20) days.

Defendants are ordered to give notice.

PLEASE TAKE NOTICE:

The Court is not available to hear oral argument on this date. If the parties do not submit on the tentative and want oral argument, the hearing will have to be continued, and the parties must work with the clerk to find an available date for the continuance.
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 9th day of August 2023


	Hon. Michelle C. Kim Judge of the Superior Court