Judge: Michelle C. Kim, Case: 22STCV36732, Date: 2024-05-16 Tentative Ruling

Case Number: 22STCV36732    Hearing Date: May 16, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

ANTONIO LOPEZ VERA,¿ 

Plaintiff(s),¿¿ 

vs.¿ 

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, ET AL.,¿ 

 

Defendant(s). 

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      CASE NO: 22STCV36732 

 

[TENTATIVE] ORDER GRANTING UNOPPOSED MOTIONS TO COMPEL 

 

Dept. 31 

1:30 p.m.  

May 16, 2024 

 

I. MOTIONS TO COMPEL 

Defendant Los Angeles County Metropolitan Transportation Authority (“LACMTA”) propounded (1) form interrogatories, set one, (2) special interrogatories, set one, and (3) request for production of documents, set one, on plaintiff Antonio Lopez Vera (“Plaintiff”) on April 20, 2023. LACMTA contends no responses have been served to date. LACMTA therefore moves for an order compelling Plaintiff to provide responses to the outstanding discovery. Any opposition was due on or before May 3, 2024; the motions are unopposed. 

Therefore, because the evidence shows Plaintiff was properly served with discovery and failed to respond, LACMTA’s unopposed motions are GRANTED. Plaintiff is ordered to serve verified responses to LACMTA’s form interrogatories, set one, special interrogatories, set one, and request for 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 did not file any opposition. However, sanctions may be awarded, even though no opposition was filed, pursuant to CRC 3.1348(a). LACMTA seeks sanctions in the amount of $1,050 for each motion.     

LACMTA is awarded 1 hour to prepare each motion, and 1 hour to appear at the hearing (awarded only once), at the requested rate of $175 per hour, for a total of $700 in attorney’s fees.  

Sanctions are imposed against Plaintiff and Plaintiff’s counsel, jointly and severally. Plaintiff and/or Plaintiff’s counsel are ordered to pay sanctions to LACMTA, by and through counsel of record, in the total amount of $700, 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 15th day of May 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court