Judge: Michelle C. Kim, Case: 22STCV29461, Date: 2023-08-30 Tentative Ruling

Case Number: 22STCV29461    Hearing Date: August 30, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

SILVINO MUNGUIA, 

Plaintiff(s),  

vs. 

 

ZHAN L HUANG, ET AL., 

 

Defendant(s). 

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      CASE NO: 22STCV29461 

 

[TENTATIVE] ORDER GRANTING DEFENDANT’S MOTIONS TO COMPEL 

 

Dept. 31 

1:30 p.m.  

August 30, 2023 

 

1. Motions to Compel¿ 

Defendant Zhan L. Huang (“Defendant”) propounded set one of form interrogatories, special interrogatories, and request for production of documents (“RPDs”) on Plaintiff Silvino Munguia (“Plaintiff”) on October 24, 2022 by electronic mail.  (Decl. Rickett ¶ 2; Exh. A.) On December 6, 2022, defense counsel sent a meet and confer letter to Plaintiff’s counsel regarding the outstanding discovery responses and requested verified responses to the discovery. (Id. at ¶ 3; Exh. B.) Defendant never received a response. (Ibid.) 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 August 17, 2023. No oppositions were filed. 

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., § 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., § 2031.300, subd. (a).)    

Therefore, because the evidence shows Plaintiff was properly served with discovery and failed to respond, Defendant’s motions are GRANTED. Plaintiff is ordered to serve verified responses to Defendant’s set one of form interrogatories, special interrogatories and RPDs, without objections, within twenty (20) 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). Defendant seeks sanctions in the amount of $572 for each motion.   

Defendant is 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 $133 per hour, for a total of $532 in attorney fees.   

Further, Defendant is awarded three motion filing fees of $40, for a total of $120, 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 $652, within twenty (20) days. 

 

Defendant 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 August 2023 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court