Judge: Michelle C. Kim, Case: 23STCV16488, Date: 2024-04-24 Tentative Ruling

Case Number: 23STCV16488    Hearing Date: April 24, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

MONICA GARCIA and GENARO SANTILLIAN, 

Plaintiff(s),  

vs. 

 

MICHAEL KENNETH PIWOWAR, ET AL., 

 

Defendant(s). 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

      CASE NO: 23STCV16488 

 

[TENTATIVE] ORDER (1) FINDING DEFENDANT’S MOTIONS TO COMPEL MOOT, (2) GRANTING MONETARY SANCTIONS 

 

Dept. 31 

1:30 p.m.  

April 24, 2024 

 

I. MOTION TO COMPEL 

Defendant Michael Kenneth Piwowar ("Defendant”) propounded set one of form interrogatories, and request for production of documents, set one, on plaintiffs Monica Garcia and Genaro Santillian (collectively, “Plaintiffs”) on November 21, 2023. The responses were due on December 26, 2023. However, as of the motion filing date, Plaintiffs have not served responses. Defendant therefore seeks an order compelling Plaintiffs to respond, without objections, to the outstanding discovery and to pay sanctions. 

In opposition, Plaintiffs contend the motions are moot because they served responses to the outstanding discovery on February 24, 2024, and verifications on March 6, 2024. Plaintiffs request no sanctions be awarded. 

In reply, Defendant avers sanctions are still warranted because Plaintiff did not provide verified responses until after the motions to compel had been filed.  

Here, the parties agree that verified responses were served. Further, Defendant is correct that there is no meet and confer requirement for a motion to compel initials. The meet and confer requirement are for motions to compel further responses. Based on the foregoing, the Court finds that the motions to compel moot in light of the responses served on Defendant prior to the hearing. (St. Mary v. Superior Court (2014) 223 Cal.App.4th 762, 776.) 

The only remaining issue is sanctions.  

 

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).) It is undisputed that responses were untimely served. Defendant seeks sanctions in the amount of $522 for each motion to compel. 

A court has discretion to award sanctions that are “suitable and necessary to enable the party seeking discovery to obtain the objects of the discovery he seeks” but they should not be punitive in nature or levied for the purposes of punishing an offending party. (Vallbona v. Springer (1996) 43 Cal.App.4th 1525, 1545.) The Court will award reduced monetary sanctions since Defendant has already obtained the discovery responses sought, albeit late.      

Defendant is awarded 1 hour for each motion to compel at the requested rate of $185 per hour, for a total $740 as attorney’s fees. Further, Defendant is awarded four motion filing fees of $60, for a total of $240 as costs.  

Sanctions are sought and imposed against Plaintiffs’ and Plaintiffs’ attorney of record, jointly and severally. Plaintiffs and/or their counsel are ordered to pay sanctions to Defendant, by and through counsel of record, in the total amount of $980, within twenty (20) days of the final ruling. 

 

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 23rd day of April 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court